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The average student spends
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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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