Sources of Law: Primary vs Secondary Authorities

Vocabulary flashcards covering primary authorities, enacted vs common law, case law, and related concepts from the notes.

Primary authorities

Official pronouncements of the law issued by a government entity; the main sources researchers rely on.

Secondary authorities

Non-primary sources used for analysis or commentary about the law; not binding.

Enacted law

Law created by legislative bodies (and constitutions); the formal body of law adopted by the people.

Statute

A written law enacted by a legislative body.

Constitution

The foundational written framework of government and fundamental legal principles; a primary enacted law.

Common law

Law created by the courts through opinions and rules handed down over time when no enacted law exists.

Case law

The broader body of law formed by court decisions interpreting and applying enacted law, including common law rules.

Common law rules

Rules developed in court opinions that persist until statutes codify or override them.

Codification

The process of turning a common-law rule into statutory form or putting it into statutory language.

Interpretation and application of enacted law

The process by which courts read statutes and constitutions and apply them to specific facts.

Case law as interpretive guide

Case law is consulted to understand how enacted law has been interpreted and applied to similar facts.

Court opinions

Written decisions by judges that establish and explain how laws are interpreted and applied.