Kinds of Authority
Posted
23 Apr 2014 in Tips and Tactics
Think of legal research as a way to get from here to there and to convince others to go with you. Even judges, perhaps especially judges, are uncomfortable going, in the words of Star Trek “where no man has gone before.” 
- Direct authority—a clear and definitive statement in the applicable constitution or statute or by a controlling court or other body (use may require briefing to establish the body’s status as controlling when preemption, choice of law, and similar issues are presented; if there is no statute, then a regulation; if the highest court has not spoken, then an intermediate court).