Can the necessary elements to establish a cause of action be found in secondary authority?

The correct answer is that the necessary elements to establish a cause of action cannot solely be found in secondary authority. Primary authority, which includes statutes, regulations, and case law, provides the binding legal standards and rules necessary to establish a cause of action. Secondary authority, such as treatises, legal encyclopedias, and law review articles, can offer valuable insights and interpretations but do not have the same legal weight as primary sources.

Although secondary authority can help clarify or explain the legal principles found in primary law, it cannot establish binding legal standards on its own. It’s valuable for understanding complex legal issues and for guidance, but ultimately, the elements of a cause of action must be rooted in the primary law applicable in the jurisdiction. This is why the answer is that elements to establish a cause of action cannot be adequately defined by secondary authority alone.