Secondary Rules in Law

Questions and Answers

Identify legal disputes

Recognition of laws

Punish wrongdoers

Amendment of primary rules (correct)

Set procedures for addressing violations

Empower decision makers to resolve disputes

Assign penalties to wrongdoers

Determine the validity of new rules (correct)

Validity of existing laws (correct)

Punishments for violations

Criteria for dispute resolution

Legislative procedures

Resolution of disputes Signup and view all the answers

They determine the validity of rules in advance Signup and view all the answers

A statute being repealed Signup and view all the answers

Study Notes

There are three types of secondary rules: rules of change, rules of adjudication, and rules of recognition.

Facilitate legislative or judicial changes to primary rules or secondary rules themselves.
Include amendatory provisions of law.
Necessary to efficiently allow primary rules to be amended.
Specify how primary rules may be changed.
Example: Federal Constitution can be amended, and statutes can be repealed or modified by later statutes.

Give power to courts or decision makers to settle disputes.
Include rules that empower courts to punish wrongdoers.
Set criteria for determining when a primary rule has been broken.
Set procedure to be followed when a primary violation has been established.
Give authority to judges, commissions, and regulatory agencies to apply secondary rules of adjudication when appropriate.

Define the practice of courts, officials, and private persons in identifying the law.
Refer to certain criteria to determine whether a rule is valid or not.
Include references to authoritative texts, legislative enactments, customary practices, general declarations of specified persons, or past judicial decisions in particular cases.
Allow for prediction of a rule's validity before it is made, based on conformity to the requirements of the rule of recognition.