Secondary authority
From Wikipedia, the free encyclopedia
Secondary authority, in Law, is material purporting to explain the meaning or applicability of the actual verbatim texts of constitutions, statutes, case law, administrative regulations, executive orders, treaties, or similar primary authority sources.
Some secondary authority materials are written and published by governments to explain the laws in simple, non-technical terms, while other secondary authority materials are written and published by private companies, non-profit organizations, or other groups or individuals. Some examples of secondary authority are:
- law review articles, comments and notes (written by law professors, practicing lawyers, law students, etc.);
- legal textbooks;
- legal digests;
- annotations published in statute books or other materials;
- legal encyclopedias (such as Corpus Juris Secundum);
- legal dictionaries (such as Black's Law Dictionary);
- Restatements of the Law published by the American Law Institute;
- legal briefs and memoranda;
- tax forms and instructions published by governments;
- government publications explaining or summarizing the laws;
- government employee manuals (such as the Internal Revenue Manual for employees of the Internal Revenue Service);
- course materials from continuing legal education seminars;
- verbal commentary by legislators during discussion or debate on chamber floors or during committee hearings (including such commentaries published in the Congressional Record);
- other similar materials.
In the United States, various legal scholars disagree over whether legislative histories in the form of texts of congressional committee reports should be considered to be secondary authority or, alternatively, primary authority. Compare G.L. Richmond, Federal Tax Research: Guide to Materials and Techniques, page 2, fn.4 (4th ed. 1990) and C.L. Kunz, D.A. Schmedemann, C.P. Erlinder & M.P. Downs, The Process of Legal Research, page 3 (1986).
Although secondary authorities are sometimes used in legal research (especially, to allow a researcher to gain a preliminary, overall understanding of an unfamiliar area of law) and are sometimes even cited by courts in deciding cases, secondary authorities are generally afforded less weight than the actual texts of primary authority.
