What is the difference between primary legal authority and secondary legal authority?

What is the difference between primary legal authority and secondary legal authority?

• A. Primary authorities are official statements by government; secondary authorities explain or interpret them.
• B. Primary authorities are persuasive but not binding.
• C. Primary authorities are created by individuals.
• D. Primary authorities include only regulations, not opinions.

Answer: (A)

Primary legal authority is the actual law produced by government bodies—statutes and codes enacted by legislatures, regulations issued by agencies, constitutions, and judicial opinions. These sources carry the binding force of the law within their jurisdiction. Secondary legal authority, by contrast, consists of materials that explain, interpret, or summarize the primary sources—treatises, law reviews, encyclopedias, digests, and practice guides. They don’t impose legal obligations themselves but are useful for understanding how the primary law works and how courts have applied it. So the correct statement reflects that primary authorities are official government statements, while secondary authorities are explanations or interpretations of those statements.

Primary legal authority is the actual law produced by government bodies—statutes and codes enacted by legislatures, regulations issued by agencies, constitutions, and judicial opinions. These sources carry the binding force of the law within their jurisdiction. Secondary legal authority, by contrast, consists of materials that explain, interpret, or summarize the primary sources—treatises, law reviews, encyclopedias, digests, and practice guides. They don’t impose legal obligations themselves but are useful for understanding how the primary law works and how courts have applied it. So the correct statement reflects that primary authorities are official government statements, while secondary authorities are explanations or interpretations of those statements.