Before appearing before a tribunal, a paralegal should become familiar with which of the following primary sources of information is NOT a primary source of information?

• A. Reported tribunal decisions
• B. Tribunal's rules of procedure and practice guidelines
• C. The judge's notes
• D. Commentary written by the tribunal members

Answer: (D)

The main idea is understanding what counts as a primary source of information in a tribunal setting. Primary sources are original materials that establish the law or the process as it exists.

Reported tribunal decisions are primary because they are the actual decisions that set precedent and interpret the rules. The tribunal’s rules of procedure and practice guidelines are primary because they state the official procedures and requirements that govern hearings and submissions.

The judge’s notes are part of the adjudicative record and reflect the judge’s thought process and approach during the case; they originate from the tribunal itself and can influence how a decision is reached, so they function as original materials within the decision-making process.

Commentary written by tribunal members, however, is not a binding or official source of law or procedure. It provides interpretation, opinions, or analysis and does not establish procedural rules or binding authority. Therefore, it is not considered a primary source of information.