need an answer im not sure
Posted 19 January 2012 - 11:28 AM
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.
Posted 20 January 2012 - 08:37 AM
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.
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.
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).