# Primary authority

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In [legal research](/source/Legal_research), a **primary authority** is a term referring to statements of [law](/source/Law) that are [binding](/source/Legal_liability) upon the [courts](/source/Court), [government](/source/Government), and individuals. Primary authority is usually in the form of a [document](/source/Document) that establishes the law, and if no document exists, is a [legal opinion](/source/Legal_opinion) of a court. The search for applicable primary authority is the most important part of the process of legal research.

The term "primary authority" is used to distinguish primary authority materials from texts considered to be [secondary authority](/source/Secondary_authority).

## Examples

Examples of primary authority include the verbatim texts of:

- [Constitutions](/source/Constitutions);
- [Basic laws](/source/Basic_law);
- [Statutes](/source/Statute) (whether codified or uncodified);
- [Treaties](/source/Treaties) and certain other [international law](/source/International_law) materials;
- [Municipal charters](/source/Municipal_charter) and [ordinances](/source/Local_ordinance);
- Court opinions;[a]
- [Books of authority](/source/Book_of_authority);
- Rules of court [procedure](/source/Civil_procedure);
- [Rules of evidence](/source/Rules_of_evidence);
- Rules governing the conduct of [lawyers](/source/Lawyers);
- Administrative [regulations](/source/Regulations);
- [Executive orders](/source/Executive_order_(United_States)).

Verbatim re-prints by private commercial law publishing companies are also considered primary authority, as long as the document purports to be **and actually is** a **verbatim** re-print of the applicable document, statute, regulation, court opinion, etc. Many lawyers, legal scholars, government agencies and others use verbatim re-prints of texts published by private publishing companies.

## Other uses

**Primary Authority** can also refer to the scheme, created by the British Government, for [Local Authority Regulators](/source/Trading_Standards) to provide businesses with tailored advice on regulatory matters. The formal relationship where a business or organisation works together with a Regulator under the scheme is referred to as a[1] **[Primary Authority Partnership.](https://www.gov.uk/guidance/local-regulation-primary-authority)**

## Notes

1. Although the texts of court opinions are primary authority, care should be taken when analyzing the texts to determine which parts are binding as holdings in the case (see [Stare decisis](/source/Stare_decisis), [Precedent](/source/Precedent) and [Ratio decidendi](/source/Ratio_decidendi)), and which parts are non-binding (see [Obiter dictum](/source/Obiter_dictum)).

## References

1. ["Buckinghamshire and Surrey Trading Standards"](https://www.surreycc.gov.uk/business-and-consumers/trading-standards)

- Statsky, W. (1997). Introduction to paralegalism: perspectives, problems, and skills. 5th ed. St. Paul, MN: West Publishing Company.

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