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Secondary Authority
In law, a secondary authority is an authority purporting to explain the meaning or applicability of the actual verbatim texts of primary authorities (such as constitutions, statutes, case law, administrative regulations, executive orders, treaties, or similar legal instruments). Some secondary authority materials are written and published by governments to explain the laws in simple, non-technical terms, while other secondary authority materials are written and published by private companies, non-profit organizations, or other groups or individuals. Some examples of primarily American secondary authority are: *Law review articles, comments and notes (written by law professors, practicing lawyers, law students, etc.) *Legal textbooks, such as legal treatises and hornbooks *Legal digests, such as the West American Digest System *Annotations published in statute books, codes, or other materials, such as the annotations in the '' American Law Reports'' series *Legal encyclopedias ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Primary Authority
A primary authority is a term used in legal research to refer to statements of law that are binding upon the courts, government, and individuals. Primary authority is usually in the form of a document that establishes the law, and if no document exists, is a legal opinion of a court. The search for applicable primary authority is the most important part of the process of legal research. Examples of primary authority include the verbatim texts of: *Constitutions; *Basic laws; *Statutes (whether codified or uncodified); *Treaties and certain other international law materials; *Municipal charters and local ordinance, ordinances; *legal opinion, Court opinions; *Book of authority, Books of authority; *Rules of court civil procedure, procedure; *Rules of evidence; *Rules governing the conduct of lawyers; *government agency, Administrative regulations; *Executive order (United States), Executive orders. Verbatim re-prints by private commercial law publishing companies are also considere ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Corpus Juris Secundum
''Corpus Juris Secundum'' (''CJS''; Latin for 'Second Body of the Law')Legal Research and Writing for Paralegals, Published by Wolters Kluwer and written by Deborah E. Bouchoux is an encyclopedia of United States law at the federal and state levels. It is arranged alphabetically, into over 430 topics, which in turn are arranged into subheadings. , ''CJS'' consisted of 164 bound volumes, 5 index volumes and 11 table of cases volumes. ''CJS'' is named after the 6th century ''Corpus Juris Civilis'' of the Byzantine Emperor Justinian I, the first codification of Roman law and civil law. The name ''Corpus Juris'' literally means 'body of the law'; ''Secundum'' denotes the second edition of the encyclopedia, which was originally issued as ''Corpus Juris'' by the American Law Book Company (from 1914 to 1937). ''CJS'' is published by West in print form and on Westlaw Westlaw is an online legal research service and proprietary database for lawyers and legal professionals available i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Research
Legal research is "the process of identifying and retrieving information necessary to support legal decision-making. In its broadest sense, legal research includes each step of a course of action that begins with an analysis of the facts of a problem and concludes with the application and communication of the results of the investigation." The processes of legal research vary according to the country and the legal system involved. Legal research involves tasks such as: # Finding primary sources of law, or primary authority, in a given jurisdiction ( cases, statutes, regulations, etc.). # Searching secondary authority, for background information about a legal topics. Secondary authorities can come in many forms (for example, law reviews, legal dictionaries, legal treatises, and legal encyclopedias such as American Jurisprudence and Corpus Juris Secundum). # Searching non-legal sources for investigative or supporting information. Legal research is performed by anyone with ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legislative Intent
In law, the legislative intent of the legislature in enacting legislation may sometimes be considered by the judiciary to interpret the law (see judicial interpretation). The judiciary may attempt to assess legislative intent where legislation is ambiguous or does not appear to directly, adequately address a particular issue, or appears to have been a legislative drafting error. The courts have repeatedly held that when a statute is clear and unambiguous, the inquiry into legislative intent ends at that point. It is only when a statute could be interpreted in more than one fashion that legislative intent must be inferred from sources other than the actual text of the statute. Sources Courts frequently look at the following sources in attempting to determine the goals and purposes that the legislative body had in mind when it passed the law: * the text of the bill as proposed to the legislative body * amendments to the bill that were proposed and accepted or rejected * the reco ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Congressional Record
The ''Congressional Record'' is the official record of the proceedings and debates of the United States Congress, published by the United States Government Publishing Office and issued when Congress is in session. The Congressional Record Index is updated daily online and published monthly. At the end of a session of Congress, the daily editions are compiled in bound volumes constituting the permanent editionChapter 9 of Title 44 of the United States Codeauthorizes publication of the ''Congressional Record''. The ''Congressional Record'' consists of four sections: the House section, the Senate section, the Extensions of Remarks, and, since the 1940s, the Daily Digest. At the back of each daily issue is the Daily Digest, which summarizes the day's floor and committee activities and serves as a table of contents for each issue. The House and Senate sections contain proceedings for the separate chambers of Congress. A section of the ''Congressional Record'' titled ''Extensions of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legislature
A legislature is an assembly with the authority to make law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...s for a Polity, political entity such as a Sovereign state, country or city. They are often contrasted with the Executive (government), executive and Judiciary, judicial powers of government. Laws enacted by legislatures are usually known as primary legislation. In addition, legislatures may observe and steer governing actions, with authority to amend the budget involved. The members of a legislature are called legislators. In a democracy, legislators are most commonly popularly Election, elected, although indirect election and appointment by the executive are also used, particularly for bicameralism, bicameral legislatures featuring an upper chamber. Terminology ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Internal Revenue Service
The Internal Revenue Service (IRS) is the revenue service for the United States federal government, which is responsible for collecting U.S. federal taxes and administering the Internal Revenue Code, the main body of the federal statutory tax law. It is an agency of the Department of the Treasury and led by the Commissioner of Internal Revenue, who is appointed to a five-year term by the President of the United States. The duties of the IRS include providing tax assistance to taxpayers; pursuing and resolving instances of erroneous or fraudulent tax filings; and overseeing various benefits programs, including the Affordable Care Act. The IRS originates from the Commissioner of Internal Revenue, a federal office created in 1862 to assess the nation's first income tax to fund the American Civil War. The temporary measure provided over a fifth of the Union's war expenses before being allowed to expire a decade later. In 1913, the Sixteenth Amendment to the U.S. Constitut ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Internal Revenue Manual
The Internal Revenue Manual (IRM) is an official compendium of internal guidelines for personnel of the United States Internal Revenue Service (IRS). History The IRM was made publicly available through the Freedom of Information Act Freedom of Information Act may refer to the following legislations in different jurisdictions which mandate the national government to disclose certain data to the general public upon request: * Freedom of Information Act 1982, the Australian act * .... Legal status According to CCH (formerly known as Commerce Clearing House, Inc.): ::The IRS Internal Revenue Manual is the official source of instructions to IRS personnel relating to the organization, administration and operation of the IRS. The IRM contains directions IRS employees need to carry out their responsibilities in administering IRS obligations, such as detailed procedures for processing and examining tax returns. ::Procedures set forth in the IRM are not mandatory and are not binding on th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
American Law Institute
The American Law Institute (ALI) is a research and advocacy group of judges, lawyers, and legal scholars established in 1923 to promote the clarification and simplification of United States common law and its adaptation to changing social needs. Members of ALI include law professors, practicing attorneys, judges and other professionals in the legal industry. ALI writes documents known as " treatises", which are summaries of state common law (legal principles that come out of state court decisions). Many courts and legislatures look to ALI's treatises as authoritative reference material concerning many legal issues. However, some legal experts and the late Supreme Court Justice Antonin Scalia, along with some conservative commentators, have voiced concern about ALI rewriting the law ''as they want it to be'' instead of ''as it is''. The ALI drafts, approves, and publishes '' Restatements of the Law'', '' Principles of the Law'', model acts, and other proposals for law reform. Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Restatement Of The Law
In American jurisprudence, the ''Restatements of the Law'' are a set of treatises on legal subjects that seek to inform judges and lawyers about general principles of common law. There are now four series of ''Restatements'', all published by the American Law Institute, an organization of judges, legal academics, and practitioners founded in 1923. Connection with the rule of precedent Individual Restatement volumes are essentially compilations of case law, which are common law judge-made doctrines that develop gradually over time because of the principle of '' stare decisis'' (precedent). Although Restatements of the Law are not binding authority in and of themselves, they are highly persuasive because they are formulated over several years with extensive input from law professors, practicing attorneys, and judges. They are meant to reflect the consensus of the American legal community as to what the law is, and, in some cases, what it should become. As Harvard Law School descr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Dictionary (other)
A law dictionary (also known as legal dictionary) is a dictionary that is designed and compiled to give information about terms used in the field of law. Types Distinctions are made among various types of law dictionaries. Differentiating factors include: * Number of languages covered: a monolingual law dictionary covers one language, a bilingual covers two. * Number of fields covered: a single-field dictionary covers an entire field of law, whereas a sub-field dictionary covers a part of a field of law, e.g. a dictionary of contract law. Quality A good bilingual or multilingual law dictionary needs to take the users' expected languages and professional competences into account. The lexicographers therefore must consider the following aspects: dictionary user research, dictionary typology, structure, and presentation of relevant information. When making a law dictionary, the lexicographers attempt to present the information in such a way that the user is not burdened with e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Black's Law Dictionary
''Black's Law Dictionary'' is the most frequently used legal dictionary in the United States. Henry Campbell Black (1860–1927) was the author of the first two editions of the dictionary. History The first edition was published in 1891 by West Publishing, with the full title ''A Dictionary of Law: containing definitions of the terms and phrases of American and English jurisprudence, ancient and modern, including the principal terms of international constitutional and commercial law, with a collection of legal maxims and numerous select titles from the civil law and other foreign systems''. A second edition was published in 1910 as ''A Law Dictionary''. Black died in 1927 and future editions were titled ''Black's Law Dictionary''. The sixth and earlier editions of the book additionally provided case citations for the term cited, which was viewed by lawyers as its most useful feature, providing a useful starting point with leading cases. The invention of the Internet made legal re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
