why are attorney general opinions secondary authority

What are the formal legal opinions of the Attorney General?

The Attorney General’s opinions are advisory, and not legally binding on courts, agencies, or individuals. Nonetheless, Attorney General’s opinions are usually treated as authoritative by the officers and agencies who have requested them, In addition, Attorney General’s opinions are often treated as persuasive authority by courts.

Who has the authority to render legal opinions?

Jul 28, 2021 · The Attorneys General of the United States and the Office of Legal Counsel (OLC) may promulgate non-binding advisory opinions. These opinions are based on authority by the Judiciary Act of 1789, 28 U.S.C. §§511-513. These opinions carry the weight of both primary and secondary authority because although they are official opinions of an executive officers, they …

What is the role of the Attorney General?

Apr 06, 2021 · This guide provides an overview of the Colorado executive branch and the law it produces through its regulations, agency decisions, and attorney general opinions. Journal articles, treatises

How does the Office of the Attorney General handle a lawsuit?

An attorney general opinion is a written interpretation of existing law. Attorney general opinions cannot create new provisions in the law or correct unintended, undesirable effects of the law. Attorney general opinions do not necessarily reflect the attorney general's personal views, nor does the attorney general in any way "rule" on what the law should say.

What is considered secondary authority?

In law, a secondary authority is an authority purporting to explain the meaning or applicability of the actual verbatim texts of primary authorities (such as constitutions, statutes, case law, administrative regulations, executive orders, treaties, or similar legal instruments).

What is the difference between primary and secondary legal authorities?

When we refer to 'authority' or 'primary authority', we mean "the law." The law being a constitutional or statutory provision, an administrative regulation or a court opinion. 'Secondary authority' refers to material that is NOT the law, but that which leads you to the law or helps to explain the law.Jan 25, 2022

Is an opinion a primary authority?

Primary authority is the law itself. This includes constitutions, statutes, published opinions, regulations, treaties and court rules.

Is a dissenting opinion primary authority?

dissenting opinion: an opinion written by a judge or justice explaining why she does not agree with the majority opinion. These opinions have no precedential value, but may be considered persuasive authority.Dec 16, 2021

What are the uses of secondary authority?

areas of law such as articles, treatises, hornbooks or legal encyclopedias. Secondary authority is useful in helping you understand a particular legal topic or as a means of finding the primary resources since there are often citations in the text or footnotes.

Is secondary authority ever binding?

Most legal secondary authorities have many citations to primary authorities like cases, statutes, and regulations. Secondary authority does not have binding effect on the court but helps explain what the law is or should be. There are many types of secondary authorities.

Is a digest primary or secondary authority?

Digests are not primary sources, but they are one of the fastest ways to find primary authority in a particular jurisdiction. Digests contain numerous citations to judicial decisions about particular topics and subtopics.

Can dissenting opinion be persuasive authority?

A dissenting opinion does not create binding precedent nor does it become a part of case law, though they can sometimes be cited as a form of persuasive authority in subsequent cases when arguing that the court's holding should be limited or overturned.

Is case law primary or secondary?

Primary sources are the law itself. These sources include: statutes (and codes), regulations, treaties, and case law.Jul 29, 2021

What is the purpose of dissenting opinions?

While a majority opinion settles disputes as to how the law should be applied to a particular set of facts, dissenting opinions highlight potential flaws in the majority's reasoning and unsettled questions that remain in the wake of the court's decision.Nov 10, 2020

What is a major difference between a majority opinion and a dissenting opinion issued by the Supreme?

A dissenting opinion voices disagreement with the majority opinion, in both resolution and reasoning. A dissenting in part/concurring in part opinion agrees with one part of the decision but disagrees with another.Nov 18, 2021

Why are dissenting opinions important?

Dissenting opinions like Harlan's are considered important because they put an alternative interpretation of the case on the record, which can encourage future discussion of the case. Such dissent may be used years later to shape arguments or opinions. Dissenting opinions don't always lead to the overturning of cases.

How to Submit A Question of Law For Ag Consideration

The Attorney General is authorized to give opinions on questions of law to state legislators, heads of state departments, district attorneys, count...

How to Submit A Quo Warranto Application

Quo warranto is a special form of legal action, most often used to resolve a dispute over whether a specific person has the legal right to hold the...

How to Request A Copy of An Existing Opinion

A copy of a published opinion may be obtained by contacting the Opinion Unit: 1. Office of the Attorney General 2. Opinion Unit, Dept. of Justice 3...