Primary
Authority
Kinds of Law
Courts rely on authority.
It is what they base their opinions on. That is why research is critical to
the representative process: the better authority the researcher can find the
more likely it is that the researcher's client will win.
Law is the best kind of
authority. As mentioned earlier, law is primary authority.
Following are some (but not all) kinds of law:
- Constitutions
The fundamental form of law. A constitution establishes the form and structure
of the government. It is the highest form of law.
Example: The United States Constitution
-
Statutes
Law that is created (enacted) by a legislative body, such as the United
States Senate or a state legislature.
Examples: The United States Code, which contains the federal statutes,
and the North Carolina General Statutes, containing state statutes.
- Opinions
Also called a case, an opinion is the written and published decision of
the court. Cases are published in books called reports or reporters.
Example: The court case Roe v. Wade, or Brown v. Topeka Board
of Education.
- Administrative
rules and regulations
Exectutive agencies, such as the Federal Aviation Administration or the
Internal Revenue Service, have their own rules. These administrative rules
are a form of law, and an administrative hearing may be held to determine
whether a rule has been violated.
Example: The IRS Code
Once again, the above are examples of primary authority.