They are authoritative in nature and origin and are followed by the courts as a matter of right. Meaning: persuasive precedent is one which the judges are under no obligation to follow. Get the USLegal Last Will Combo Legacy Package and protect your family today. Browse US Legal Forms’ largest database of 85k state and industry-specific legal forms. The judges peruse and interpret and take the assistance of persuasive precedent, but they are not bound to follow it. An authoritative source is known to be reliable because its authority or authenticity is widely recognized. The German jurists speak of Rechtsquellen. USLegal has the lenders!--Apply Now--. It establishes the legal framework of the government. Legal sources such as books about laws and articles about laws in magazines and academic journals may be reliable sources. An authorities precedent has a legal claim, recognition, influence and binding force on the inferior courts. Convenient, Affordable Legal Help - Because We Care! The same analytical framework can be used to describe the divisions of power among the federal branches. This article contains 6 Differences between Authoritative Precedents and Persuasive Precedents. All legal information comes from either primary or secondary sources. the authoritative texts which are the basis of juristic and doctrinal development of the traditional element of a legal system. https://libguides.law.wustl.edu/c.php?g=110792. JavaScript seems to be disabled in your browser. Sources of law – Authoritative - Statute law or Legislation - Traditional or Customary Law - General Custom or Trade wage - Original Roman Dutch Laws - Roman Law Persuassive-Judicial Precedents or Case Law-South African Judicial decisions are held in the greatest respect, English judicial decisions-Textbooks on law have a persuasive opinion. TOS4. Secondary sources are a helpful place to start research, especially if the assigned topic is unfamiliar. A judicial precedent of the supreme court of India is authoritative for all the court in India. All legal information comes from either primary or secondary sources. It must be followed by the inferior courts whether they approve of it or not. Primary sources include the following: Constitutions, treaties and other binding international agreements, statutes as enacted, statutes as codified, agency regulations, court decisions, decisions by agency adjudicative bodies, executive orders, presidential proclamations, and certain government orders (such as some military orders, including some verbal ones). A decision of Tamil Nadu or Karnataka High Court in relation to the Andhra Pradesh High Court is only persuasive. Let us commence with the meaning of law. According to Salmond, there are two main sources of law- formal and material. Writers can save time since secondary sources provide an overview of the legal issues and point to relevant primary authority. You must have JavaScript enabled in your browser to utilize the functionality of this website. Formal sources are those from which law derives its validity and force, that is, the will of the State which is expressed through statutes and judicial decisions. In the civil law the term fontes iuris is used in this sense. Need a Personal Loan? Authoritative Texts (the "Law") In the practice of law, you will be looking for the law, or “ legal authority ” that is pertinent to your case. Thus, the authoritative source of fed-eral law is the national body politic. Here you can publish your research papers, essays, letters, stories, poetries, biographies and allied information with a single vision to liberate knowledge. Image Source: ccgnludelhi.files.wordpress.com/2013/09/img_0567.jpg. This website works best with modern browsers such as the latest versions of Chrome, Firefox, Safari, and Edge. Disclaimer Copyright. Before publishing your Articles on this site, please read the following pages: 1. In the state context, the decision of the Supreme Court of a particular state is the most authoritative source of law on a state law issue, followed by state appellate courts, and state district/circuit courts. Persuasive Precedents Meaning: persuasive precedent is one which the judges are under no obligation to follow. You hope that you will find legal authority that will cause a court or administrative agency to say “you win.” An authoritative source, in the legal context, is a body of law which takes precedence over others. That is the meaning of the word sources of law. Copyright © 2015 PublishYourArticles.Net, All rights reserved.

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