Chapter 1 - The Foundations of Authority

1.2

Primary Authority

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    INTRODUCTION

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

    Lecture Notes . . .

    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.

    It's important for you to become familiar with all the above forms 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.


    Paralegal Perspective . . .

    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.


    Commonly Asked Questions . . .

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    Textbook Exercise Answers . . .