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What is the definition of primary sources of law?
The actual law itself whether constitutional, statutory, administrative (regulations) or case law. The United States Code is a primary source. [ A book discussing and explaining the code is a secondary source. >>> ]
Expert answered|tinkermei|Points 136|
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Asked 2/17/2012 8:34:47 AM
Updated 2/17/2012 8:50:14 AM
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Primary Sources of Law

UNITED STATES STATUTES AT LARGE
Many in the Freedom Movement who are interested in legal arguments too often rely on self-proclaimed “gurus” because of the lack of access to fundamental legal sources. At times, arguments asserted by these gurus (if the argument is not just completely fabricated) cite particular legislative acts for amazing propositions that are readily believed by those who don’t know differently. For example, the “redemptionists” claimed that the 1935 Social Security Act set aside approximately 600,000 bux “on the private side” for everyone having a social security account. But a reading of the act itself reveals this contention to be just another (of the great many) lies of the gurus, who intentionally (like their employer) deceive the masses. One guru presently hitting the weekend seminar circuit alleges that the International Sovereign Immunities Act placed all government offices under the UN. Proof that this is just another big lie promoted by deceptive gurus is proven by simply reading the act itself.
Added 2/17/2012 8:50:17 AM
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Prepare an essay describing the various primary sources of American laws, noting the distinctions in the way in which each source impacts the law.
Weegy: The laws of the various states and territories of the United States rest at bottom on the same foundation as those of England, namely, the English common law as it existed at the beginning of the 17th century. [ Law in the United States has been greatly affected by the results of the Civil War. During its course (1861-1865) the powers of the president of the United States may be said to have been re-defined by the courts. It was its first civil war, and thus for the first time the exercise of the military authority of the United States within a state which had not sought its aid became frequent and necessary. Next followed the amendments of the Constitution of the United States having for their special purpose the securing beyond question of the permanent abolition of slavery and the civil and political rights of the coloured race. At the outset the Supreme Court of the United States was inclined to treat them as having a very limited operation in other directions.The United States entered on the work of simplifying the forms of pleading earlier than England, but has not carried it so far. Demurrers have not been abandoned, and in some states little has been done except to replace one system of formality by another hardly less rigid. The general plan has been to codify the laws of pleading by statute. In a few states they have proceeded more nearly in accordance with the principles of the English Judicature Act, and left details to be worked out by the judges, through rules of court.4 Most of the state constitutions assume that the powers of government can be divided into three distinct departments, executive, legislative and judicial; and direct such a distribution. ] (More)
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Asked 2/17/2012 8:28:50 AM
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What sources of laws amount to mandatory authority, versus what types amount to persuasive authority in a particular state court?
Weegy: Primary authority is that coming directly from a governmental entity in the discharge of its official duties. [ Primary authority includes documents like case decisions, statutes, regulations, administrative agency decisions, executive orders, and treaties. Secondary authority, basically, is everything else: articles, Restatements, treatises, commentary, etc. The most useful authority addresses your legal issue and is close to your factual situation. While decision makers are usually willing to accept guidance from a wide range of sources, only a primary authority can be mandatory in application. Just because an authority is primary, however, does not automatically make its application in a given situation mandatory. Some primary authority is only persuasive. The proper characterization of a primary authority as mandatory or persuasive is crucial to any proceeding; it can make the difference between success and failure for a client's cause. This is true of all primary authority, but this column will address case authority only. Determining when a court's decision is mandatory or persuasive can be tricky, given the multiple jurisdictions throughout the country and the layers of courts within each jurisdiction. Our court systems are founded on the belief that there should be fairness, consistency, and predictability in judicial decision making. The doctrine that expresses this concept is labeled stare decisis. In essence, stare decisis considers mandatory, or binding, an existing decision from any court that exercises appellate jurisdiction over another court, unless the lower court can show that the decision is clearly wrong or is distinguishable from the case at hand. The following is a brief explanation of when the decisions of a particular court should be characterized as mandatory or persuasive. It deals only with the decision of the majority of the court; no matter how appealing in content, dicta, concurrences, and dissents will always remain ... (More)
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Asked 2/17/2012 8:44:51 AM
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