This website works best with modern browsers such as the latest versions of Chrome, Firefox, Safari, and Edge. They are bound to follow it. If you continue with this browser, you may see unexpected results. It depends for its influence upon its own merits. Authoritative Sources. For the Continental jurists, the sources in this sense are the Roman However, secondary sources are referred if no primary sources exists or adding support to the secondary authority. This article contains 6 Differences between Authoritative Precedents and Persuasive Precedents. Get the USLegal Last Will Combo Legacy Package and protect your family today. TOS4. It must be followed by the inferior courts whether they approve of it or not. The German jurists speak of Rechtsquellen. Need a Personal Loan? - Receive all the forms you need completed for your State. Here you can publish your research papers, essays, letters, stories, poetries, biographies and allied information with a single vision to liberate knowledge. That is the meaning of the word sources of law. A persuasive precedent has no legal claim, influence and biding force. Privacy Policy3. Browse US Legal Forms’ largest database of 85k state and industry-specific legal forms. Court decisions, often referred to as case law, have their own hierarchy of most authoritative to least authoritative. Next would be case law from the federal circuit court of appeals, then decisions by federal district courts. Image Source: ccgnludelhi.files.wordpress.com/2013/09/img_0567.jpg. Persuasive Precedents Meaning: persuasive precedent is one which the judges are under no obligation to follow. Legal sources such as books about laws and articles about laws in magazines and academic journals may be reliable sources. While primary sources articulate the law, secondary sources analyze the law. Remember that the United States Constitution forms the basic law. Content Guidelines 2. Writers can save time since secondary sources provide an overview of the legal issues and point to relevant primary authority. PublishYourArticles.net - Publish Your Articles Now, Copyright infringement takedown notification template, Difference between Original Precedents and Declaratory Precedents, Difference Between Custom and Prescription. PublishYourArticles.net is home of thousands of articles published by users like YOU. The "Law" will be the result of the interaction between the relevant texts from some or all branches (, Cases/Opinions (Usually at the Appellate Level), Interpretation of Statutes, Regulations Opinions issued by Courts. A decision of Tamil Nadu or Karnataka High Court in relation to the Andhra Pradesh High Court is only persuasive. JavaScript seems to be disabled in your browser. the authoritative texts which are the basis of juristic and doctrinal development of the traditional element of a legal system. He sub-divided the material sources into legal sources and historical sources. Primary sources include the following: Constitutions, treaties and other binding international agreements, statutes as enacted, statutes as codified, agency regulations, court decisions, decisions by agency adjudicative bodies, executive orders, presidential proclamations, and certain government orders (such as some military orders, including some verbal ones). https://libguides.law.wustl.edu/c.php?g=110792. There are several reliable secondary sources: Hornbooks, Legal Encyclopedias, American Law Reports (ALR), Periodicals are reliable secondary sources. Convenient, Affordable Legal Help - Because We Care! Disclaimer Copyright. It looks like you're using Internet Explorer 11 or older. An authoritative source is known to be reliable because its authority or authenticity is widely recognized. USLegal has the lenders!--Apply Now--. law can always be displaced when the central government has acted appropriately within its power. (ii) The difference is that authoritative sources of law give weight or power to lawyers’ arguments where as persuasive sources do not bind the court. The same analytical framework can be used to describe the divisions of power among the federal branches. Examples of authoritative sources are legislation, case law, common law, custom and African Indigenous law. In the state context, the decision of the Supreme Court of a particular state is the most authoritative source of law on a state law issue, followed by state appellate courts, and state district/circuit courts. A secondary authoritative source is one that has been written by an expert who is recognized in his or her field of expertise; some examples include peer-viewed journal articles, government websites, public records and books by reputable, well-known publishers. Within the federal system, case law from the United States Supreme Court is the most authoritative source of law on an issue. Some sources to look for are those that contain complete first-hand accounts of an event that happened and lack a one-sided view. Primary sources articulate the law. Examples of persuasive sources are journal articles, textbooks, foreign law, other legal systems, obiter dictum. An authoritative source is known to be reliable because its authority or authenticity is widely recognized. Authoritative precedents are legal sources of law. When writing a memo or a brief, you must rely on relevant primary sources. In the civil law the term fontes iuris is used in this sense. The judges peruse and interpret and take the assistance of persuasive precedent, but they are not bound to follow it. Thus, the authoritative source of fed-eral law is the national body politic. On the oth… Let us commence with the meaning of law. Copyright © 2015 PublishYourArticles.Net, All rights reserved. 7 . Meaning: An authoritative precedent, as the name itself implies, comes from the superior court, and is followed its subordinate courts. Secondary sources are a helpful place to start research, especially if the assigned topic is unfamiliar. Persuasive precedents are merely historical. Learn More! Then remember that each of the “three branches” are going to provide you with primary legal authority. According to Salmond, there are two main sources of law- formal and material. Sources of law – Authoritative - Statute law or Legislation - Traditional or Customary Law - General Custom or Trade wage - Original Roman Dutch Laws - Roman Law Persuassive-Judicial Precedents or Case Law-South African Judicial decisions are held in the greatest respect, English judicial decisions-Textbooks on law have a persuasive opinion. A judicial precedent of the supreme court of India is authoritative for all the court in India. the word sources mean the development of which law become existing or the derivation of law. All legal information comes from either primary or secondary sources. Authoritative Texts (the "Law") In the practice of law, you will be looking for the law, or “ legal authority ” that is pertinent to your case. A foreign judgment is a persuasive precedent.