Primary and Secondary Rules in Law

Questions and Answers

They grant private citizens the right to vote.

They impose duties upon citizens. (correct)

They confer powers to individuals and institutions.

They provide procedures to change or challenge primary rules.

A procedure to make a legal will.

A law that sets speed limits. (correct)

A rule that determines the incidence of primary rules.

A law that grants Congress the power to legislate.

Secondary rules are a subset of primary rules.

Secondary rules are parasitic upon primary rules. (correct)

Secondary rules are in contrast to primary rules.

Secondary rules are independent of primary rules.

Powers to individuals and institutions. Signup and view all the answers

Duties upon citizens. Signup and view all the answers

To provide procedures to recognize, change, or adjudicate primary rules. Signup and view all the answers

The union of primary and secondary rules. Signup and view all the answers

A law that grants Congress the power to legislate. Signup and view all the answers

What they can and cannot do under the law. Signup and view all the answers

The procedures to recognize, change, or adjudicate primary rules. Signup and view all the answers

Study Notes

Imposing specific duties upon citizens to act in a certain manner
Failure to comply may result in legal sanctions
Examples: speed limits, laws prohibiting trespassing, laws prohibiting corporations from requiring employees to make political contributions
Regulated by Hart's characterization as "basic" rules
Define what citizens can and cannot do under the law

Parasitic upon or secondary to primary rules
Provide for the introduction, modification, or extinguishing of primary rules
Confer powers, public or private, rather than imposing duties
Examples: grant Congress the power to legislate, private citizens the right to vote, and procedures for making a legal will
Regulated by Hart's characterization as power-conferring rules
Determine the procedure for recognizing, changing, and adjudicating primary rules

Primary rules impose duties on citizens
Secondary rules confer powers to introduce, modify, or extinguish primary rules
Union of primary and secondary rules captures the essence of a legal system
Secondary rules provide specific criteria to determine:
- What primary rules are in effect
- How primary rules can be changed
- Appropriate sanctions for violating primary rules