When choosing sources, decide whether you want to use primary sources, secondary sources, or a combination of primary and secondary sources. As a general rule, primary sources that are laws are more credible and persuasive than secondary sources that are comments or analyses of the law. See Amy E. Sloan, Basic Legal Research: Tools and Strategies 4-6 (4th ed. 2009). However, know the purpose you are writing for and your audience. For example, if you`re writing a court brief or an internal memo to a law firm partner, you`re likely to use primary sources primarily because the judge or lawyer wants to know what law governs a particular client`s situation and precedent, unless the issue is new or very specific. However, if you are writing a scientific paper, such as A Session Paper, you may be more inclined to use a combination of primary and secondary sources. Choose the authority that will help you articulate your views clearly and effectively. Also, refer to this authority appropriately.
For example, when discussing a court opinion in your document, do not cite a secondary source; Instead, quote the court`s opinion directly. Similarly, if you refer to multiple cases in a sentence (for example, “. The courts have ruled. “), then the reader will expect quotes on more than one case. Make sure that the authority used in a quote matches the content of the sentence you wrote. “1. Acknowledge someone else`s direct use of words. 2. Recognize any paraphrases of someone else`s words.
3. Acknowledge the direct use of someone else`s idea. 4. Confirm a source if your own analysis or conclusion is based on that source. 5. Confirm a source if your idea about legal advice comes from a source other than the opinion itself. Authorities are also cited by scholars in legal treatises, horn books, and reformulations to lay the groundwork for statements and conclusions contained in the books. AUTHORITIES, practice. This word refers to quotations made from laws, laws of the legislature and decided cases and opinions of elementary writers. In its narrow sense, this word refers to cases decided on a solemn dispute and which are said to be “authoritative for similar judgments in similar cases. 1 Lilly`s Reg.
219. These are sometimes called precedents. (S. A.) Merlin, Directory, word Authorities. 2. It has been noted that if we find an opinion on a particular point in a lyricist, we must consider it not only as the opinion of the author, but also as the alleged result of the authorities to which he refers; 3 Bos. & Shoot. 361; But this is not always the case, and often the opinion is held with the reasons that support it, and it must stay or fall, whether these are justified or not. A distinction was made between writers who held judicial and non-judicial positions; The former are considered authoritative, the latter are not, unless their works have been judicially recognized as such. Ram.
über Urteile, 93 years old. But this distinction does not seem to be justified; Some writers who have held judicial office do not possess the talents or erudition of others who were not as high, and the works or writings of the latter deserve much more authoritative character than that of the former. See 3 T. R. 4, 241. Delegation of authority from one person to another. 2. We will check, 1. Delegation 2. The nature of authority.
3. The manner in which it is to be carried out. 4. The effects of the Authority. 3.-1. This power may be delegated by act or by parrot. 1. It may be delegated by act for any purpose, for whenever one authority per parol is sufficient, one per act shall also be delegated. If authority is to do something that is to be accomplished by means of an act, then authority must also be exercised by act and with all the forms necessary to make that instrument perfect; unless the contracting authority is present and authorises the representative, orally or implicitly, to enter his name on the document; 4 R.
T. 313; W. Jones, R. 268; Because if a man is allowed to transfer land, the power of attorney must be made by deed. Ferry. From. H.T.; 7 R. T. 209; 2 Bos.
& Sweater, 338; 5 binn. 613;. 14 pp. and A. 331; 6 p. and R. 90; 2 Selection. R.
345; 6 Mass. R. 11; 1 turn. 424 9 Wend. R. 54, 68; 12 Wend. No. 525; History, Ag. § 49; 3 Kent, Com. 613, 3rd edition; 3 puppy.
Com. Law, 195. However, it is not necessary for a written power of attorney to sign an unscaled document or a written contract that is not locked up. Paley on Ag. by Lloyd, 161; History, Ag. Section 50. 4.-2. For many purposes, however, the power of attorney can be made by parol, either in writing without seal, or orally, or by the mere employment of the agent.
Friend. on agens. 2. The requirements of commercial affairs make this appointment indispensable; The agreement would be very embarrassing if a regular letter were needed to sign or negotiate a promissory note or bill of exchange, or sell or buy goods, write a letter or obtain a policy for another. This common law rule was borrowed from civil law and followed. History, Ag. section 47; Dig. 3, 3, 1, 1 poth. Pand. 3, 3, 3; Domat, liv. 1, Tit. 15 para.
1, art. 5; see also 3 Chit. Com. Law, 5, 195 7 T. R. 350. 5.-2. The power of attorney granted must have been held by the person delegating it or it will be null and void; And it must be something that is lawful, otherwise it will not justify the person to whom it is given.
Färber, 102; Kielw. 83. It is a maxim that delegata potestas non potest delegari, so that an agent who has simple authority must execute it himself and cannot delegate his authority to a subagent. See 5 Peter 390; 3 History, r. 411, 425; 11 Gill and John. 58; 26 Wend. 485; 15 Selection. 303, 307; 1 McMullan, 453; 4 Scamm. 127, 133; 2 Inst. 597. See delegation. 6.
Authorities are divided into general or specific.