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26 Cards in this Set
- Front
- Back
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Primary Authority (1,4)
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Is the law
-Constitutions -Statutes -Cases -Administrative Regulations |
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Secondary Authority (2,70)
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-Commentary on the law
-Analysis of the law Examples: Legal Encyclopedias Treatises Legal Periodicals [American Law Reports] Restatements |
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Mandatory Authority
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Court is obligated to follow
Binding Authority |
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Persuasive Authority
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Court may follow, but not required to do so
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Secondary Authority is
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always persuasive
primary auth. can be persuasive or mandatory |
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What is mandatory to the CA Court of Appeals? (4)
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CA Constitution
CA S.C. CA Code US Constitution, etc |
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What is persuasive to the CA Court of Appeals (7)
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Utah Court Decision
Utah Code 10 Circuit of Appeals Law Review Article Restatement Treatise Etc |
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Statutory Sources
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Statutes at Large
(Chronological compilation of laws passed by the U.S. Congress) U.S. Code (Federal Laws arranged by topic) |
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Order of Federal Code Publication (4)
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-Bill is passed
-each individual law is assigned a Pub L number -then all laws are published together chronologically in Session Law (Statutes at Large) -then laws are separated by topic and published (U.S. Code) under titles |
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Where to find U.S. Code (and where are they?)
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Three sources:
U.S. Code (official) U.S. Code Annotated (WL) U.S. Code Service (LN) Popular Names table: lets you find the act under it's popular name (the USA Patriot Act) |
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Annotate vs. Unannotated (4)
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Unannotated code JUST has the law
Annotated code has -case summaries -cross references to other primary sources -cross references to other secondary sources |
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Explain how you would go about researching legislative materials (statutes)
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do it. (One tip, if you have a citation, choose to search in an annotated code so it gives you places to go afterwards)
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What does the session law have in it?
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EVERY statute. Even if it's been repealed
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How are the U.S. Code and the Session Law (Statutes at Large) different?
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U.S. Code is by topic (in titles)
Session Law is chronological in complete Acts... nothing missing, even if it's been repealed |
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How does it work if you search the Popular Names Table?
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-It gives you the Pub L # and then tells you where it's found in the U.S. Code.
-A Statute at Large citation is different (and it doesn't tell you where that is found) |
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Updating print sources
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-Know it exists! (If in session law, that statute may not still be in force)
-Pocket Parts -Soft bound supplements -Replacement volumes -New Editions |
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Reporter
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-Means full version of the cases
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Reporters - United States Supreme Court (3)
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United States Reports (U.S.) *official
Supreme Court Reporter (S. Ct.) U.S. S. Ct. Reports, Lawyer's Edition (L. Ed., L. Ed. 2d) |
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Reporters - United States Court of Appeals (2)
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Federal Reporter (F. F.2d, F.3d)
Federal Appendix (Fed. Appx. or F. App'x) |
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United States District Courts (2)
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Federal Supplement (F. Supp., F. Supp. 2d)
Federal Rules Decisions (F.R.D.) |
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If you see a Federal reporter citation: F.Supp, F.2d, L. Ed.
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Know what it refers to
U.S. District courts, Court of Appeals, Supreme Court (Lawyer's edition) |
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Which reporters are published by whom?
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U.S. Reports - Government
L. Ed. - Lexis Nexis Everything else - Westlaw |
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What do you write in your citations?
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Cite to Westlaw's reporters except a supreme court case: U.S.
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Know the Regional Reporter System
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Not each, but know generally.
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West's National Reporter System
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-Even in LN, citations are based on this.
-Know editorial enhancements -What's there? |
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Editorial Enhancements
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Westlaw: case name case summary, headnotes
LN: case name case overview, posture, key terms, etc. |
