The order of authorities refers to the hierarchy or ranking of individuals or organisations that have the power or jurisdiction to make decisions or enforce laws. This can vary depending on the context, such as in a government or legal system. The input for this task is the list or arrangement of authorities, and the output is the specific order in which they are ranked or prioritized.
The order of authorities in legal research typically starts with primary sources such as statutes and case law, followed by secondary sources like legal encyclopedias and treatises, and then tertiary sources like legal dictionaries and annotations.
Following the order of authorities ensures that you are relying on the most authoritative and reliable sources of law, which is crucial for building a strong legal argument or case.
It is not recommended to skip primary sources as they are the foundation of the law and provide the most direct and authoritative information.
In some cases, specific legal research tasks may require starting with secondary sources, such as when conducting a broad overview of a legal topic.
Legal research guides and resources provided by legal libraries or online databases can help identify the classification of different sources.
Tertiary sources can be helpful for providing background information or definitions, but they should not be the sole basis for legal arguments or decisions.
If primary sources are difficult to locate, it may be helpful to consult with a legal librarian or research specialist for assistance.
The general order of authorities remains consistent across most legal research tasks, but specific areas of law may have unique sources that should be prioritized.
Non-legal sources, such as academic articles or expert opinions, can be used to support legal arguments, but they should not replace primary and secondary legal authorities.
Legal professionals should regularly consult legal research guides, attend continuing education courses, and stay informed about updates to legal research best practices.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 13th April 2024.
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