Hierarchy of Authority
The binding court for an Appellate Circuit Court.
What is SCOTUS?
The two main legal research databases that use citators.
What are LexisNexis and Westlaw?
According to the CKL text, this is the 4th step in the research process when researching a common law issue.
What is: Use a reliable citator to find relevant cases and to confirm their validity.
Bernadette is running late and asks you, the law clerk, to lead a client meeting. The client insists that she only pays for attorneys and asks what your position is. What should should you say?
What is "a law clerk"?
The reporter for the following cite: See Golden Rd. Motor Inn, Inc. v. Islam, 376 P.3d 155, 156 (Nev. 2016)
What is the Pacific Reporter, Third Series? R.10 / T1
Decisions from the 9th Circuit Court of Appeals (you are in D.C. District Court).
What is persuasive authority?
The overruling case in the following: Gonzalez v. Hawley, 101 F.2d 2500, 2501 (9th Cir. 2005) (holding that the sky is blue), overruled by Colino v. Plotnick, 202 U.S. 3 (2007).
What is Colino v. Plotnick, 202 U.S. 3 (2007). ?
This Boolean search term is used when you want the results to include a certain word or phrase but also exclude a different word of phrase.
What is BUT NOT.
You are counsel for ABC Tech Company. The Vice President calls you and asks whether he personally could be liable for forging tax documents. How should respond?
What is "Clarify that the client is the compnay (and avoid giving personal legal advice)"?
The Bluebook table that has abbreviated explanatory phrases.
What is T8?
The restatement of contracts.
What is secondary authority?
The term used when a case is decided by the full court of all the appeals judges in the jurisdictions - especially when the court feels there is a particularly significant issue at stake or when requested by one or both parties to the case and agreed to by the court.
What is en banc?
These are categories that allow you to search for a particular type of document on Westlaw (like regulations, cases, briefs, and more).
What are "content types."
Your client explains that their neighbors teenagers keep parking on your property line. During the meeting, your client asks if they have a claim for trespass? What is your response?
What is "I don't know. I will research the issue further and get back to you?"
The abbreviation for the calendar month July?
What is July? T12
Decisions from the Eastern District of Tennessee (you are in the Eastern District of Tennessee).
What is persuasive authority?
The color flag on Westlaw that warns the case has been appealed to the US Court of Appeals or the SCOTUS.
What is a blue-stripped flag?
According to CKL, after you have found all relevant statutes, this is the step you should take.
What is validate each relevant statute, determine each statute's effective date, and identify all amendments.
You've met with a client who is concerned that their former business partner will replicate the code of their dating app at their new business. Your client has informed you that they'd like to protect their code through a trademark or patent and have sent you the relevant business documents. What is your next step?
What is "begin legal research?"
The short cite for the following: Port-a-Pour, Inc. v. Peak Innovations, Inc., 49 F. Supp. 3d 841, 842 (D. Colo. 2014).
What is Port-a-Pour, Inc., 49 F. Supp. 3d at 842.
You are in a state's Supreme Court for a breach of contract claim. The plaintiff loses. This is the court the plaintiff can appeal to.
The correct citation using citators for the following: Daubert v. Merrell Dow Pharmaceuticals, Inc., 951 F.2d 1128 (9th Cir. 1991).
What is: Daubert v. Merrell Dow Pharmaceuticals, Inc., 951 F.2d 1128 (9th Cir. 1991), vacated, 509 U.S. 579 (1993). ?
The effective date of Nev.Rev.Stat.Ann. section 40.140.
What is July 1, 2017.
During an initial meeting, you learn that your client runs a yoga studio. Next door to their yoga studio is a cycling business that plays incredibly loud music duirng their classes. That music can be heard during your clients silent mediation classes. What is your next step?
What is "ask the client what their goals are?"
The full citation for Pulsifer v. United States, citing to the sentence "After pleading guilty to distributing at least 50 grams of methamphetamine, petitioner Mark Pulsifer faced a mandatory minimum sentence of 15 years in prison."
What is: Pulsifer v. United States, 601 U.S. 124, 124 (2024).