Concept of Legal Authority

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CONCEPT OF LEGAL AUTHORITY Nature of Legal Authority Legal Authority - is any published source of law setting forth legal rules, legal doctrine, or legal reasoning that can be used as basis for legal decision - authority that will aid in finding a solution to a legal problem Types of Legal Authorities 1. Primary Authority Authorized statements of law issued by governmental bodies The court must rely on 2. Secondary Authority Statement about the law and are used to summarize, compile, explain, interpret, comment on, or in some other way address the law The court may consider Can be used in several ways: To obtain a background or overall understanding of a specific area of law To locate primary authority (the law) on a question being searched May be relied upon by the court when reaching a decision, which usually occurs only when there is no primary authority governing a legal question or it is unclear how the primary authority applies to the question Role of Authority

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Transcript of Concept of Legal Authority

CONCEPT OF LEGAL AUTHORITYNature of Legal AuthorityLegal Authority-is any published source of law setting forth legal rules, legal doctrine, orlegal reasoning that can be used as basis for legal decision-authority that will aid in finding a solution to a legal problemTypes of Legal Authorities1. Primary Authority Authorized statements of law issued by governmental bodies The court must rely on2. e!o"#ary Authority Statement about the law and are used to summarize, compile, explain, interpret, comment on, or in some other way address the law The court may considerCan be used in several ways: To obtain a bacground or overall understanding of a specific area of law To locate primary authority !the law" on a #uestion being searched $ay be relied upon by the court when reaching a decision, which usually occurs only when there is no primary authority governing a legal #uestion or it is unclear how the primary authority applies to the #uestionRole of Authority1. $a"#atory %&i"#i"g'-must be followed because it is the legal authority for a particular %urisdiction2. Per(ua(i)e %"o"*&i"#i"g'- any authority a court is not bound to consider or follow, but may consider or follow when reaching a decisionSources:&' (egal )esearch by Atty' )ufus )odriguez*' A +uide to ,hilippine (egal $aterials by +upit and $artinez-' http:..www'scribd'com.doc./0120322.(egal-)esearch 2' http:..libguides'law'widener'edu.content'php4pid5**61&27sid5&3-*181 Reported by:Khristine Mantilla