type and weight of authority
True or False:
A case from the Supreme Court of TN is secondary authority.
False?
Caselaw! A case reflects the law itself; thus, it is a primary authority.
What type of citation is this (federal, state, appellate, etc)
Williams v. State, 241 N.E.3d 290 (N.Y. 2006).
State
Take fact pattern and apply the rules. Avoid conclusory statements.
Application
True or False:
Courts create laws called caselaw.
True?
Legal Tests
relevant evidence is generally admissible. However, it may be excluded if its probative value is substantially outweighed by the risk of unfair prejudice
d. balancing test
2 judges may not have the same outcome
Which of the following best describes the relationship between primary authority and binding authority? Select the best two answer choices.
a. All primary authority is binding because it constitutes actual law.
b. Primary authority may be either binding or persuasive, depending on the source of the authority and the court considering it.
c. Primary authority is binding only when it was issued by the highest court in a jurisdiction.
d. Secondary authority is never binding authority.
e. A judicial decision is primary authority only when it is binding on the court considering it
b. Primary authority may be either binding or persuasive, depending on the source of the authority and the court considering it.
d. Secondary authority is never binding authority.
ATTRIBUTION
A student reads a judicial opinion that explains the rule governing a particular legal issue. She restates the rule entirely in her own words in an office memorandum.
Which of the following best describes the student’s obligation to cite the judicial opinion?
a. She does not need a citation because she has changed the court’s wording.
b. She should cite the judicial opinion because the legal proposition comes from that authority even though she has paraphrased it.
c. She must quote the court’s language directly because legal rules derived from cases may not be paraphrased.
d. She needs a citation only if her sentence uses some of the same words as the judicial opinion.
e. She does not need a citation if the rule appears in more than one judicial opinion
b. She should cite the judicial opinion because the legal proposition comes from that authority even though she has paraphrased it.
Putting a court’s proposition into the writer’s own words makes the statement a paraphrase, but it does not make the proposition the writer’s own idea. Because the legal rule is derived from the judicial opinion, the writer should still cite the authority supporting it
State the legal principle along with subrules, factors, and relevant elements. Citation is required in this section.
rule?
The Southern Reporter contains cases from which states?
Alabama, Florida, Louisiana, and Mississippi.
Legal Tests
The voluntariness of a defendant’s statement depends on the defendant’s age, education, intelligence, mental health, emotional stability, and experience with the criminal justice system
Factors Based Test
You are before the United States Court of Appeals for the Eleventh Circuit on a federal statutory issue. Which authority is binding in your court?
Cases from other three-judge panels from the Eleventh Circuit.
One panel of a federal circuit is generally bound by the prior decisions of other panels from the same circuit.
Identify the pinpoint(s) in this citation:
Ashcroft v. Free Speech Coalition, 535 U.S. 234, 241 (2002).
234, 241
Provide concise stating and likely outcome based on the rule of facts and law.
A court interpreting the North Carolina Fair Workweek Compensation Act explains that an employee is entitled to overtime pay when the employee works more than forty hours in a week and is not covered by a statutory exemption. The court finds that the plaintiff worked forty-five hours during the week in question and that no exemption applies. It therefore concludes that the plaintiff is entitled to overtime pay.
What type of legal reasoning is the court primarily using?
a. Analogical Reasoning.
b. Narrative Reasoning.
c. Policy-Based Reasoning.
d. Rule-Based Reasoning.
e. None of the above.
d. Rule-Based Reasoning.
Legal tests
A party claiming title to land through adverse possession must establish actual, open, exclusive, and nonpermissive use for a continuous period of at least 20 years
elements test?
Key language to know is must establish
Bronner is a summer associate at a law firm located in Tennessee. During class, he posted photos on social media instead of listening to his smart professor about a state court’s subject matter jurisdiction. He wants your advice to determine whether the firm’s client could bring claims based on Tennessee and federal laws in the Tennessee trial courts of general jurisdiction. Identify the claims that those trial courts have the legal right to decide.
Claims based on many federal civil statutes, claims based on TN common law, claims based on TN statutes, claims based on TN regulations
TN trial courts, like other state trial courts of general jurisdiction, have authority to decide claims and issues based on federal and state laws. State courts have subject matter jurisdiction over federal and state issues. However, federal courts are courts of limited jurisdiction. For example, a federal court can not decide a state statutory issue when all parties are citizens of the same state because it lacks subject matter jurisdiction over that issue.
In the first sentence of your brief, you cited Rico v. Flores, 481 F.3d 234, 237 (5th Cir. 2007). You did not cite any other authority. In the immediately following sentence, you would like to cite the case again. This time, you would like to cite page 240. Please select the correct short citation. (pretend everything is underlined bc jeopardy won't let me underline)
A. Id. at 240.
B. Id.
C. Rico, 481 F.3d at 240.
D. Rico, at 240.
A. Id. at 240.
The following excerpt from a CREAC is an example of a _____________________.
"To succeed with her claim for misappropriation of a trade secret, Ms. Petersen must first prove that her Pilates training method is a trade secret. Porter Industries, Inc. v. Higgins, 680 P.2d 1339, 1341 (Colo. App. 1984). A trade secret could or could not exist. Harvey Barnett Inc. v. Shidler, 338 F. 3d 1125, 1132 (10th Cir. 2003).
Rule and Explanation
Cases found on Westlaw and Lexis are divided into fields or segments. What fields or segments are available on both platforms?
Editorial summaries, headnotes, and opinion
An officer pulls over a car for speeding. As the officer approaches the vehicle, they notice a strong smell of burnt marijuana emanating from the car's interior. The driver appears unusually agitated, fumbling with their wallet, and the officer observes a small, clear plastic baggie containing a leafy green substance partially hidden under the passenger seat. The speeding violation itself does not justify a search of the vehicle. Which test would allow the officer to consider the strong odor of marijuana, the driver's excessive nervousness, and the visible suspicious baggie all together?
totality-of-the-circumstances test
In 1995, in Case A, the Supreme Court of Michigan ruled that punitive damages are not recoverable for a common law negligence claim. In 2010, in Case B, the Supreme Court of Michigan reversed course and expressly allowed punitive damages. In 2012, the Michigan Legislature disagreed with the 2010 cases and enacted Statute Z that expressly precluded the recovery of punitive damages for a common law negligence claim. If your client files a claim for negligence in a Michigan trial court, would punitive damages be recoverable under Michigan Law?
No, because Statute Z expressly precludes recovery for a common law negligence claim.
Courts must follow statutory language. When a judicial decision conflicts with a statute, the statute controls. If a court invalidates a statute on constitutional grounds, however, the court may refuse to enforce the statute.
What is the correct citation for a case of United States of America VERSUS Daryl Ramone
Wilson?
This case was decided by the United States Court of Appeals for the Seventh Circuit on
September 18, 2007. It appears on volume 502, page 718, of Federal Reporter, Third Series.
A. U.S v. Wilson, 502 F.3d 718 (7th Cir. 2007).
B. United States v. Wilson, 502 F.3d 718 (7th Cir. 2007).
C. United States v. Wilson, 502 F.3d 718 (C.A. 7. 2007).
D. United States v. Wilson, 502 F.3d 718 (2007).
B. United States v. Wilson, 502 F.3d 718 (7th Cir. 2007).
A student is writing an objective memo using CREAC structure analyzing whether a statement is defamatory. Her research establishes that a plaintiff must show that the defendant made a false statement of fact about the plaintiff, communicated the statement to a third person, and caused harm to the plaintiff’s reputation. A statement of pure opinion generally cannot support a defamation claim.
Which of the following would be the most appropriate Rule statement for the student’s CREAC?
a. To establish defamation, a plaintiff must show that the defendant made a false statement of fact about the plaintiff, communicated the statement to a third person, and caused harm to the plaintiff’s reputation. A statement of pure opinion generally cannot support a defamation claim.
b. To establish defamation, a plaintiff must show that the defendant made a false statement of fact about the plaintiff, communicated the statement to a third person, and caused harm to the plaintiff’s reputation. Here, because Jordan sent the statement to several coworkers, the publication requirement is likely satisfied.
c. In Davis, the court held that calling the plaintiff “the worst manager in the company” was an expression of opinion rather than a statement of fact and therefore was not actionable.
d. Jordan likely committed defamation because she emailed several coworkers and accused Taylor of falsifying expense reports, an accusation that could damage Taylor’s professional reputation.
e. Unlike the statement in Davis, Jordan’s accusation that Taylor falsified expense reports can be
proven true or false. [cite]. A court therefore would likely treat Jordan’s statement as one of fact rather than opinion
a. To establish defamation, a plaintiff must show that the defendant made a false statement of fact about the plaintiff, communicated the statement to a third person, and caused harm to the plaintiff’s reputation. A statement of pure opinion generally cannot support a defamation claim.
Peter has found potentially relevant cases on Westlaw and Lexis. What would inform him whether a case has been designated as “non-precedential’?
The designation “unpublished”
The designation “non-precedential”
The designation “not reported”
Consider the following rule:
“In determining whether a government regulation violates the First Amendment, courts weigh the government's interest in enforcing the regulation against the individual's interest in free speech.”
What type of legal test does this rule represent?
a. Totality of the Circumstances Test.
b. Factors Test.
c. Elements Test.
d. Balancing Test.
e. None of the above.
d. Balancing Test.