Volume II, Chapter §1.1 The Foundations of Authority |
What is Authority?
Introduction Volume 2 of the manual has four "Parts" with each "Part" consisting of three chapters, even though these "parts" aren't labeled as such. Each of the three chapters within each "Part" relates to the same general subject matter: Authority, Research, and Writing. Each subsequent "Part" raises the level of learning for the same subject matter. This allows the educational process to be more productive and will result in a more "real-world" development of legal skills. In keeping with this process, Volume 2, Chapter 1 deals with an introduction to the concept of legal authority, Chapter 2 introduces the student to the foundations of legal research, and Chapter 3 provides the student with the foundations of legal writing. A note about the written assignments. They will most likely take you longer to complete than you anticipate so please don't procrastinate. Get them out of the way as soon as you can. Most importantly, be sure to use the Research and Writing Labs provided on this website. They are there to make the learning experience more effective, and maybe even a little less painful! Legal Research and Writing Now, how many things can you say that about? There is one more thing legal research and writing have in common. They revolve around the concept of authority. Legal research attempts to find legal authority and legal writing attempts to communicate what that authority means. Understanding this relationship from an early stage will lay an important foundation for your research and writing skills.
When representing a client authority is everything. Any argument before the court must be based on authority. While there are various kinds of authority, the fundamental difference is between primary and secondary authority. Primary authority is law. Secondary authority is non-law. Thus, when researching a paralegal uses secondary authority (non-law) to locate primary authority (law). Non-authority is another kind of authority. It is authority that would never be used by the court in coming to its decision. Non-authority may serve as a good research tool (such as an index), but it would never be used in legal writing.
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