TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 9 P8

Gale Encyclopedia of American Law Volume 9 P8 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 58 SECONDARY AUTHORITY appointment is to control the disposition of the property or whether it is to be superseded by some appointment that the donee makes. Therefore no possible delay in adjudging the validity of the remainder is entitled in examining facts that exist at the date the power expires unexercised. Jurisdictions that do not apply the doctrine to gifts-in-default maintain that its application to appointments is justified because the appointed interests are unknown and consequently it is impossible to adjudicate their validity until the appointment is made not because it is unlikely that anyone would want to adjudicate their validity until that time. The interests created by a default clause unlike appointed interests are known and their validity can be litigated before the expiration of the power. These jurisdictions reason that the rationale for taking a second look in the case of appointed interests does not apply to interests created in the default clause. FURTHER READINGS Averille Lawrence H. 2005. Wills Trusts and Future Interests. 3d ed. St. Paul Minn. West. Oliphant Robert E. and Nancy Ver Steegh. 2007. Family Law Examples Explanations. 2d ed. New York Aspen Publishers. Robins Mark D. 2000. Another Look at the Second Look Doctrine Enforcing Liquidated Damages Clauses Without Hindsight. Boston Bar Journal 44 March-April . CROSS REFERENCE Estate. SECONDARY AUTHORITY Sources of information that describe or interpret the law such as legal treatises law review articles and other scholarly legal writings cited by lawyers to persuade a court to reach a particular decision in a case but which the court is not obligated to follow. Secondary authority is information cited by lawyers in arguments and used by courts in reaching decisions. Secondary authority is distinct from primary authority. The sources of primary authority are written laws passed by legislative bodies prior judicial decisions government administrative regulations and court rules. Courts .

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