Discussion Point Answers: Mandatory Authority

1. Would any relevant, valid case be considered primary authority?

• Yes. A case is law, and as long as it has not been overturned and is relevant to the issue being researched it would be primary authority.

2. May secondary authority be relied upon or quoted?

• Yes, although it would not be very strong authority. It would be persuasive at best, and not usually all that persuasive. The best uses of secondary authority are for the purpose of defining something (such as a medical procedure) or in combination with primary authority. In that case, the author could quote a particularly helpful secondary source, but then immediately support it with a case, statute, or other primary source that applies the logic or substance presented in the secondary material.