What is primary authority composed of?

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Primary authority is composed of enacted law and common law. Enacted law refers to statutes, regulations, and ordinances that are formally passed by legislative bodies or governing authorities, thereby offering a clear and authoritative source of legal rules. Common law, on the other hand, arises from judicial decisions and precedents established by courts. It reflects the principles and interpretations that have emerged over time through case law, thus providing legal guidance that is rooted in actual court practices.

The combination of these two elements—enacted law, which provides written rules, and common law, which builds upon judicial interpretations—constitutes the foundation of primary authority in legal analysis. This authority is considered binding and must be followed by courts within the jurisdiction where it applies.

Other options, while relevant in certain contexts of legal research and analysis, do not make up what is classified as primary authority. For example, case law and opinions fall under common law but do not encompass the entirety of enacted law. Administrative codes and regulations pertain to specific government agency rules, and legal articles and symposiums provide commentary and analysis but do not carry the same authority as enacted and common law.

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