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#1 confused7674

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Posted 19 January 2012 - 11:28 AM

five months ago a person moved to a city in Alabama from a different state. this person now wishes to run for city council but i have found a few things i need answers for the first is a 1998 Alabama state statute states that a candidate for state supreme court judge must have resided in the state for three years prior to the election.2 A 2000 Georgia state statute states that individuals running for any county or municipal office must have resided in the county or municipality for six months.3 Reisin v. city. a Georgia state supreme court decision holding that a person running for any municipal position must reside in the municipality for three months.4 American Jurisprudence Second section, which provides that most states have a three month residency requirement for the purpose of eligibility to run for municipal positions. what i need to know is which is the primary authority and which is the secondary which authoritys is mandatory and why and which authority can be persuasive and why.

#2 pg1067

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Posted 20 January 2012 - 03:57 AM

This appears to be a homework assignment.


If so, it's hard to believe that the issues of primary/secondary and mandatory/persuasive authority were not covered in your class lectures and/or in your textbook.


If it's not a homework assignment, you should elaborate on the purpose behind your inquiry.



#3 confused7674

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Posted 20 January 2012 - 08:37 AM

well this was a waist of my time some one asked me this question and im just trying to answer it for them. Im not a student but I thought this site was about getting help for questions like mine so if your not going to give me an answer to my question why should i keep using this site

#4 pg1067

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Posted 20 January 2012 - 10:06 AM

Chill out, ok.  Lots of folks post here expecting that we'll do their homework for them.  I don't know about you, but I did my share of homework and don't like doing it for others who should be doing it themselves.  Most, if not all, of the other regulars here feel the same way.  That's why I asked.


confused7674 said...

which is the primary authority and which is the secondary

The term "primary authority" refers to actual sources of law -- i.e., constitutions, statutes, administrative regulations, and published case decisions.  "Secondary authority," by contrast, refers to publications that discuss the law but which are not actually law themselves, including digests, encyclopedias, treatises, and practice guides.  Of the things you mentioned, 1-3 are primary authority, and 4 is secondary authority.


confused7674 said...

which authoritys is mandatory and why and which authority can be persuasive

"Mandatory authority" is authority that a court deciding a case must follow, whereas "persuasive authority" is authority that a court can choose to follow (if there is no conflicting mandatory authority) or disregard.  In the case of a court in Alabama, mandatory authority would include the Alabama Constitution, Alabama statutes, and decisions by the Alabama Courts of Civil Appeals, Alabama Courts of Criminal Appeals, and the Alabama Supreme Court.  Decisions by the United States Supreme Court regarding matters of federal constitutional and statutory law are also mandatory.  Everything else is persuasive.  Therefore, of the things you mentioned, only #1 is mandatory.  Georgia statutes and cases are particularly irrelevant to something like this.


Note, by the way, that AmJur is an encyclopedia that merely collects information about statutes and case decisions and tries to synthesize rules that are generally applicable (which should be obvious from the statement that the article in question says "that most states have" a particular rule).






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