SECONDARY

8 definitions found across Law Mind sources

See encyclopedia: Negotiable Instruments -- Liability of Parties (Maker, Drawer, Indorser, Acceptor) →
SECONDARYAuthored
The Law Mind • 1281 words
Definition
SECONDARY carries two distinct bodies of meaning in legal usage, one historical and one structural. 1. Historical office. In English practice, a secondary was an officer of the courts of King's Bench and Common Pleas, ranked immediately below the chief officer (the prothonotary). In the King's Bench, the secondary bore the title Master of the King's Bench Office and served as deputy to the prothonotary or chief clerk. Parallel offices existed in the Court of Common Pleas and the Exchequer (the secondary of the remembrancer). The office was abolished by statute in the reign of William IV and Victoria (7 Will. IV & 1 Vict. c. 30) and is therefore purely a historical designation. 2. General legal adjective. More broadly, and far more commonly in modern legal usage, secondary functions as a descriptor meaning subordinate, derivative, or contingent upon something primary. It appears across virtually every field of law as a modifier rather than a standalone term: — Secondary authority: Legal sources, such as treatises, law review articles, and legal encyclopedias, that explain or analyze primary authority (constitutions, statutes, cases) but are not themselves binding law. — Secondary evidence: Evidence admitted in place of better (primary) evidence, typically because the original is unavailable. Secondary evidence of a document's contents is admissible only when the original cannot be produced and its absence is satisfactorily explained. — Secondary liability: Liability that arises not from one's own direct act but from a relationship to, or participation in, the wrongful act of another. Examples include vicarious liability, contributory infringement, and inducement. — Secondary use/benefit: In property and equity, a use or benefit that arises after, or is conditioned upon, a prior use or right. Anderson's cross-reference to USE reflects this dimension. — Secondary assumption of risk: A doctrine in tort law distinguishing between a plaintiff who consents to a known risk before encountering it (primary) and one who encounters and voluntarily proceeds in the face of a known and appreciated risk created by another's negligence (secondary). The distinction affects whether the defense operates as a complete bar or as a comparative fault factor. — Secondary service connection: In veterans law, a disability that is proximately caused by, or a chronic complication of, a service-connected primary disability, entitling the veteran to compensation without independent proof of in-service occurrence. — Secondary education expenses: In family law, a category of support obligation that may require a parent to contribute to post-secondary educational costs, depending on jurisdiction and the terms of a support order.
Common Language
Modern common usage (Wiktionary): Next in order to the first or primary; of second place in origin, rank, etc.; originating from a deputy or delegated person or body. Historical common usage (Webster's 1913): Succeeding next in order to the first; of second place, origin, rank; not primary; subordinate; not of the first order or rate; acting by deputation or delegated authority. The common meaning of secondary — simply "second in rank or origin" — is not wrong as a starting point, but legal usage layers on a critical structural implication: secondary status is not merely a ranking but often determines which rules of admissibility, liability, or compensation apply. A researcher who treats secondary as meaning only "less important" will miss the specific doctrinal consequences that flow from the designation in each legal context.
Common Confusion
Secondary authority vs. secondary evidence: These are frequently conflated by new researchers. Secondary authority refers to analytical or explanatory legal writing (treatises, encyclopedias) that interprets the law. Secondary evidence refers to substitute proof of a fact or document when primary proof is unavailable. The word secondary does different legal work in each context, and the confusion is compounded by the fact that secondary authority, while not binding, may be used as evidence of what the law is in a given jurisdiction. Primary vs. secondary assumption of risk: In tort law, these labels track two different doctrinal structures. Primary assumption of risk is treated by many courts as negating the defendant's duty entirely, making it a complete defense. Secondary assumption of risk is treated as a form of contributory fault, subject to comparative fault analysis. The distinction is outcome-determinative and varies by jurisdiction.
Why It Matters in Research
The greatest research risk with secondary is that historical legal dictionaries treat the term almost exclusively as a description of the now-abolished English court office, while modern practice almost never uses the term that way. Researchers working in pre-Victorian English legal materials will encounter secondary as a job title; researchers working in modern American law will encounter it almost exclusively as a modifier. Do not carry assumptions across those two contexts. Within modern American law, secondary functions differently depending on the field: In evidence research, the secondary evidence rule (also called the best evidence rule in older sources) has been substantially relaxed or reframed under the Federal Rules of Evidence and most state counterparts. Historical sources discussing secondary evidence with strict foundational requirements may not accurately reflect current doctrine. In intellectual property, secondary liability (contributory infringement, vicarious infringement, inducement) has expanded significantly in the digital era. Pre-internet sources discussing secondary copyright liability will miss the major doctrinal developments that reshaped the field. In veterans law, secondary service connection is a specific regulatory framework under 38 C.F.R. § 3.310, with its own evidentiary standards and medical nexus requirements. The concept does not appear in classic legal dictionaries and requires consulting specialized military and veterans law sources. In family law, post-secondary education support obligations vary dramatically by jurisdiction — some states impose them by statute, others refuse them entirely on the grounds that parents of adult children have no support duty. Jurisdictional checking is essential. Anderson's cross-references to CONVEYANCE, EVIDENCE, and USE signal that secondary historically appeared as a modifier in those specific doctrinal contexts, and researchers tracing historical property or equity questions should follow those threads.
Historical Dictionary Support
All four historical dictionaries — Black's, Bouvier's, Burrill's, and Anderson's — treat secondary primarily as a title for the now-abolished English court officer. Black's and Burrill's are the most detailed, both citing Archbold's Practice and the abolishing statute (7 Will. IV & 1 Vict. c. 30). Bouvier's is briefer but consistent, citing Jacob's Law Dictionary. Anderson's takes a different approach, treating secondary as a pure cross-reference term pointing to substantive entries (CONVEYANCE, EVIDENCE, USE), signaling that the dictionary's editors saw secondary as a modifier too context-dependent to define in isolation — a judgment that reflects how the term actually operates. None of the historical dictionaries address secondary authority, secondary liability, secondary service connection, or the primary/secondary distinction in assumption of risk. These are entirely modern doctrinal developments invisible to the historical shelf.
Jurisdictional Note
Secondary assumption of risk as a distinct doctrine survives in some jurisdictions and has been merged into general comparative fault analysis in others. The characterization matters because it determines whether the defense is a complete bar or a percentage reduction. Researchers must identify the controlling jurisdiction before relying on any general statement about the doctrine.
Encyclopedia Cross-Reference
Service Connection — Direct, Secondary, and Presumptive Service Connection (The Law Mind Military, Veterans & Admiralty Law Encyclopedia) Defenses to Negligence — Assumption of Risk (Implied / Primary and Secondary) (The Law Mind Torts & Personal Injury Encyclopedia) Child Support — College and Post-Secondary Education Expenses (The Law Mind Family Law Encyclopedia)
Related Terms
Primary | Secondary authority | Secondary evidence | Best evidence rule | Secondary liability | Vicarious liability | Contributory infringement | Secondary assumption of risk | Comparative fault | Secondary service connection | Prothonotary | Subordinate | Derivative liability | Use (property)
SECONDARYmain
Black's Law Dictionary • 1891
In English practice. An officer of the courts of king's bench and com- mon pleas; so called because he was second or next to the chief officer. In the king's bench he was called "Master of the King's Bench Office," and was a deputy of the pro- thonotary or chief clerk. 1 Archb. Pr. K. B. 11, 12. By St. 7 Wm. IV. and 1 Vict. c. 30, the office of secondary was abolished. An officer who is next to the chief officer. Also an officer of the corporation of London, before whom inquiries to assess damages are held, as before sheriffs in counties. Whar- ton.
SECONDARYcrossref
Anderson's Dictionary of Law • 1890
See CONVEYANCE; EVIDENCE; USE, 2.
SECONDARYmain
Bouvier's Law Dictionary • 1928
An officer who is second or next to the chief officer: as, secondaries to the prothonotaries of the courts of king's bench or common pless; secondary of the remembrancer in the ex- chequer, etc. Jacob, L. Dict.
SECONDARYa.
Websters Unabridged Dictionary (1913) • 1913
Suceeding next in order to the first; of second place, origin, rank, rank, etc.; not primary; subordinate; not of the first order or rate. Wheresoever there is normal right on the one hand, no secondary right can discharge it. L'Estrange. Two are the radical differences; the secondary differences are as four. Bacon. Acting by deputation or delegated authority; as, the work of secondary hands. Possessing some quality, or having been subject to some operation (as substitution), in the second degree; as, a secondary salt, a secondary amine, etc. Cf. primary. Subsequent in origin; -- said of minerals produced by alteertion or deposition subsequent to the formation of the original rocks mass; also of characters of minerals (as secondary cleavage, etc.) developed by pressure or other causes. Pertaining to the second joint of the wing of a bird. Dependent or consequent upon another disease; as, Bright's disease is often secondary to scarlet fever. (b) Occuring in the second stage of a disease; as, the secondary symptoms of syphilis. Secondary accent. See the Note under Accent, n., 1. -- Secondary age. (Geol.) The Mesozoic age, or age before the Tertiary. See Mesozoic, and Note under Age, n., 8. -- Secondary alcohol (Chem.), any one of a series of alcohols which contain the radical CH.OH united with two hydrocarbon radicals. On oxidation the secondary alcohols form ketones. -- Secondary amputation (Surg.), an amputation for injury, performed after the constitutional effects of the injury have subsided. -- Secondary axis (Opt.), any line which passes through the optical center of a lens but not through the centers of curvature, or, in the case of a mirror, which passes through the center of curvature but not through the center of the mirror. -- Secondary battery. (Elec.) See under Battery, n., 4. -- Secondary circle (Geom. & Astron.), a great circle passes through the poles of another great circle and is therefore perpendicular to its plane. -- Secondary circuit, Secondary coil (Elec.), a circuit or coil in which a current is produced by the induction of a current in a neighboring circuit or coil called the primary circuit or coil. -- Secondary color, a color formed by mixing any two primary colors in equal proportions. -- Secondary coverts (Zoöl.), the longer coverts which overlie the basal part of the secondary quills of a bird. See Illust. under Bird. -- Secondary crystal (Min.), a crystal derived from one of the primary forms. -- Secondary current (Elec.), a momentary current induced in a closed circuit by a current of electricity passing through the same or a contiguous circuit at the beginning and also at the end of the passage of the primary current. -- Secondary evidence, that which is admitted upon failure to obtain the primary or best evidence. -- Secondary fever (Med.), a fever coming on in a disease after the subsidence of the fever with which the disease began, as the fever which attends the outbreak of the eruption in smallpox. -- Secondary hemorrhage (Med.), hemorrhage occuring from a wounded blood vessel at some considerable time after the original bleeding has ceased. -- Secondary planet. (Astron.) See the Note under Planet. -- Secondary qualities, those qualities of bodies which are not inseparable from them as such, but are dependent for their development and intensity on the organism of the percipient, such as color, taste, odor, etc. -- Secondary quills or remiges (Zoöl.), the quill feathers arising from the forearm of a bird and forming a row continuous with the primaries; -- called also secondaries. See Illust. of Bird. -- Secondary rocks or strata (Geol.), those lying between the Primary, or Paleozoic, and Tertiary (see Primary rocks, under Primary); -- later restricted to strata of the Mesozoic age, and at but little used. -- Secondary syphilis (Med.), the second stage of syphilis, including the period from the first development of constitutional symptoms to the time when the bones and the internal organs become involved. -- Secondary tint, any subdued tint, as gray. -- Secondary union (Surg.), the union of wounds after suppuration; union by the second intention.
SECONDARYn.
Websters Unabridged Dictionary (1913) • 1913
One who occupies a subordinate, inferior, or auxiliary place; a delegate deputy; one who is second or next to the chief officer; as, the secondary, or undersheriff of the city of London. Old Escalus . . . is thy secondary. Shak. A secondary circle. A satellite. A secondary quill.
secondaryadj
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
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Next in order to the first or primary; of second place in origin, rank, etc. | Originating from a deputy or delegated person or body. | Derived from a parent compound by replacement of two atoms of hydrogen by organic radicals. | Produced by alteration or deposition subsequent to the formation of the original rock mass. | Developed by pressure or other causes. | Pertaining to the second joint of the wing of a bird. | Dependent or consequent upon another disease, or occurring in the second stage of a disease. | Of less than primary importance. | Related to secondary education, i.e. schooling between the ages of (approximately) 11 and 18. | Relating to the manufacture of goods from raw materials. | Formed by mixing primary colors. | Representing a reversion to an ancestral state.
secondarynoun
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
Any flight feather attached to the ulna (forearm) of a bird. | A radar return generated by the response of an aircraft's transponder to an interrogation signal broadcast by a radar installation, containing additional encoded identification and situational data not available from a simple primary return. | The second stage of a multistage thermonuclear weapon, which generates a fusion explosion when imploded as an indirect result of the fission explosion of the primary, and which, in a few extremely large weapons, itself implodes a fusion tertiary. | An act of issuing more stock by an already publicly traded corporation. | The defensive backs. | An inductive coil or loop that is magnetically powered by a primary in a transformer or similar. | One who occupies a subordinate or auxiliary place; a delegate deputy. | A secondary circle. | A satellite. | A secondary school. | Ellipsis of secondary colour. | Anything secondary or of lesser importance.

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