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Law Library

Sources of Law and Types of Authority: Types Of Authority

Primary vs Secondary

Primary

Authoritative Texts

From authoritative sources
Cases, Statutes, Regulations, etc.

Secondary

Commentary
Explanations
Descriptions
Summaries
Statements

About the authoritative texts and what sort of 'law' they produce

Mandatory vs Persuasive

-What has to be followed versus whay may be followed

Mandatory is almost always Primary
Mandatory must be followed
BUT Primary is NOT always Mandatory

Jurisdiction Dependent (Usually)

-Persuasive authority may be followed, but no court or other entity is required to do so

Persuasive authority may be primary or secondary