Which of the following is an example of primary legal authority?

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Study for the Texas Municipal Courts Education Center (TMCEC) Level 2 Exam. Dive into detailed content with flashcards and multiple choice questions, each with hints and explanations. Ace your test with confidence!

Multiple Choice

Which of the following is an example of primary legal authority?

Explanation:
Primary legal authority consists of the actual laws and the official judicial decisions that establish binding rules. Written opinions of the court are primary because they are the court’s authoritative statements that interpret and apply the law to specific cases; they create precedent that others must follow. Law review articles, encyclopedias, and treatises are secondary sources that analyze, summarize, or explain the law, but they do not themselves bind courts or establish the law. They can be persuasive but are not binding. So the written opinions of the court are the best example of primary authority.

Primary legal authority consists of the actual laws and the official judicial decisions that establish binding rules. Written opinions of the court are primary because they are the court’s authoritative statements that interpret and apply the law to specific cases; they create precedent that others must follow. Law review articles, encyclopedias, and treatises are secondary sources that analyze, summarize, or explain the law, but they do not themselves bind courts or establish the law. They can be persuasive but are not binding. So the written opinions of the court are the best example of primary authority.

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