Which of the following best describes secondary authority?

Study for the Legal Research Objective Assessment. Utilize flashcards and multiple choice questions with hints and detailed explanations. Prepare thoroughly for your exam!

Secondary authority refers to materials that interpret, explain, or analyze the law rather than establish it directly. This category includes general legal principles, scholarly articles, legal encyclopedias, treatises, and other forms of commentary that help legal practitioners and researchers understand the law and its applications.

Option B accurately captures this definition, highlighting that secondary authority provides a broader context for legal issues rather than being a source of binding legal rules. It serves as a guide for understanding primary sources of law and helps establish legal interpretations.

In contrast, the other options represent primary authority. Legislation and regulations (mentioned in one choice) are formal laws enacted by legislative bodies. Rules set by government agencies (from another option) represent specific regulations created to enforce legislative statutes. Appellate court decisions (another option) establish legal precedents by interpreting and applying the law to specific cases. These forms of authority are fundamental sources of law, while secondary authority serves a supportive and explanatory role in the legal research process.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy