Primary & Secondary Authorities
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DownloadPrimary and Secondary Authorities
Student’s Name:
Institution:
Primary and Secondary Authorities
Part 1
Primary authority is official declarations instituted by the government of a country whereas secondary authority is not part of the law but can be used for persuasion purposes (Domeier, n.d.).
Primary authority includes;
State A’s uniform commercial code act
State A’s consumer credit act
Federal statute
Iron v. Supply Co.
Lesly v. Karl Co.
Irene v. City Co.
Control Co. v Martin
Regulations adopted by state A’s corporation commission
Secondary authority includes;
State B’s uniform commercial code act
Milk v. Best Buy Inc.
Restatements of the law defining sales, consumer credit and other terms related to the problem
An ALR reference
Mandatory authority includes;
Iron v. Supply Co.
Irene v. City Co.
Lesley v. Karl Co.
Control Co. v. Martin
This is because all these authorities apply to this case making them legally binding. These cases were also determined by the Supreme Court in either a federal or state court. Some of the cases had their decisions being determined by a lower state court which is under the mandatory authority of the supreme courts.
State B’s uniform commercial code act and Milk v Best Buy Inc. can be used as a robust persuasive authority as they directly relate to the case. The two authorities have similar characteristics and can therefore significantly influence the decision that is taken in this case. Their application would give the court a greater perspective of the case to come up with a conclusive verdict.
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A federal statute – consumer credit act
State A’s consumer credit act
State A’s uniform commercial code act
Regulations adopted by state A’s corporation commission
Iron v. Supply Co.
Irene v. City Co.
Control Co. v. Martin
Lesly v. Karl Co.
Part 2
Pennsylvania State code
Commonwealth of Pennsylvania, The Pennsylvania Code Online049 Pa. Code § 27.11. Pharmacy permit and pharmacist manager., https://www.pacode.com/ (last visited Sep 27, 2018).
Pennsylvania State court decisions
Legislative Data Processing Center, Title 2Section 2709 – Title 18 – CRIMES AND OFFENSES, http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=02 (last visited Sep 27, 2018).
Pennsylvania State administrative regulations
The Unified Judicial System of Pennsylvania, Court Opinions Learn | Unified Judicial System of Pennsylvania, http://www.pacourts.us/courts/superior-court/court-opinions/ (last visited Sep 27, 2018).
Reference
Domeier, T. Retrieved from https://legalbeagle.com/8510071-difference-between-primary-secondary-authority.html
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