Volume II, Chapter §1.2
The Foundations of Authority

Primary Authority

§1.2    


Introduction
As mentioned, primary authority is law. Secondary authority is non-law. This is the foundation of understanding authority. Learn it!

Ten Kinds of Law

It's important for you to understand that there are many kinds of law. Following are the various types of law with examples of each.

Constitution
Example: The U.S. Constitution, and the Constitution for the State of Oregon

Statutes
Example: A law that requires drivers of automobiles to obey the traffic laws.

Opinion
Example: Roe v. Wade, which held that a woman has a right to an abortion (based upon her right to privacy).

Court Rules
Example: Colorado Rules of Civil Procedure

Administrative Rules
Example: Social Security regulations

Administrative Decisions
Example: When the Immigration and Naturalization Service decides whether someone is allowed to immigrate into the United States

Ordinance
Example: A local law that limits the amount of lawn watering that may take place

Charter
Example: A document declaring the incorporation of a municipality

Treaty
Example: An extradition agreement between Canada and the United States, agreeing that any person in custody in Canada accused of a felony in the U.S. not punishable by death may be sent back to the U.S.

Executive Order
Example: When the President, or a Governor, grants clemency to a person convicted of a crime

Every one of the above are forms of law, created by either the executive, legislative or judicial branch.

 


Paralegal Perspectives . . .

KINDS OF LAW
Why should a paralegal have to be familiar with the ten kinds of law? The answer is that when a paralegal researches, she or he needs to understand the weight of any material that is located. In other words, how much it will effect the court's decision.

 


Lecture Notes . . .

The Ten Kinds of Law
It's important for you to become familiar with all forms of law. All of the items mentioned are kinds of law. Law, as we will see, is referred to by lawyers and judges as Primary Authority.

Know them well enough so that if asked to list them, you could do so, and provide a brief explanation as to what they are.




InterActive Study
   

Exercises


Legal Authority