Litigation Assignment
To: Teacher
From: Mary Mazurette
RE: Legal Research Assignment One
Date: March 3, 2014
1. Please enter the correct citation for the Supreme Court case of Lamb against California, which was decided on January 7, 1963 and is recorded on page 234 of volume 371 in the United States Reporter.
Answer: Lamb v. California, 371 U.S. 234 (1963). 2. Please list all of the courts whose decisions are binding upon the federal district court for the District of Massachusetts.
Answer: The First Circuit Court of Appeals and Supreme Court. 3. From the following sources of law within our legal system, list them in the order of most binding to least binding (assume all involved laws are valid) and explain why that order exists.
a. federal constitution;;
b. federal legislation;
c. state constitution
d. state legislation
Answer: Federal Constitution is the most binding since it will override a conflict of the state constitution, Any powers not delegated by the federal constitution is reserved to the states. Federal Legislation is next since it deals with constitutional law and could override the state law if a conflict exists in the two laws. Federal law affects all states where state law is confined to each state only. Next is the States constitution as it deals with each particular state, although if there is a conflict with federal statutes, federal will override state. Last is the state legislation that are laws written by each independent state.
4.In what types of cases and/or memos would you be most likely to cite case law that is not mandatory authority?
Answer: When a case does not have any prior decisions, possibly based on a new law or a law that has not been heard in a court yet. Persuasive law is case law from other districts or states that have made a decision of the law. This could also be scholarly analysis contained in legal literature.
From: Mary Mazurette
RE: Legal Research Assignment One
Date: March 3, 2014
1. Please enter the correct citation for the Supreme Court case of Lamb against California, which was decided on January 7, 1963 and is recorded on page 234 of volume 371 in the United States Reporter.
Answer: Lamb v. California, 371 U.S. 234 (1963). 2. Please list all of the courts whose decisions are binding upon the federal district court for the District of Massachusetts.
Answer: The First Circuit Court of Appeals and Supreme Court. 3. From the following sources of law within our legal system, list them in the order of most binding to least binding (assume all involved laws are valid) and explain why that order exists.
a. federal constitution;;
b. federal legislation;
c. state constitution
d. state legislation
Answer: Federal Constitution is the most binding since it will override a conflict of the state constitution, Any powers not delegated by the federal constitution is reserved to the states. Federal Legislation is next since it deals with constitutional law and could override the state law if a conflict exists in the two laws. Federal law affects all states where state law is confined to each state only. Next is the States constitution as it deals with each particular state, although if there is a conflict with federal statutes, federal will override state. Last is the state legislation that are laws written by each independent state.
4.In what types of cases and/or memos would you be most likely to cite case law that is not mandatory authority?
Answer: When a case does not have any prior decisions, possibly based on a new law or a law that has not been heard in a court yet. Persuasive law is case law from other districts or states that have made a decision of the law. This could also be scholarly analysis contained in legal literature.