Assignment 1 NPC
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.
Lamb v. California, 371 U.S. 234 (S.Ct 1963) Close, but not quite. Citing a Supreme Court Case is a bit different because they are only published in one reporter. Check out this website: http://www.law.cornell.edu/citation/3-200.htm
2. Please list all of the courts whose decisions are binding upon the federal district court for the District of Massachusetts.
Federal Circuit Court (Federal Courts of Appeals) & United States Supreme Court Which Circuit 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.
Federal Constitution
Federal Legislation
State Constitution
State Legislation
Federal Legislation cannot pass a law if it violates Federal Constitution, state laws are passed by State Legislation only if it does not violate the State or Federal Constitution. Also, “Supremacy Clause” A clause in Article VI of the U.S. Constitution that declares federal laws to have jurisdictional authority over state laws in the event there is conflict between laws established by two governing bodies
4. In what types of cases and/or memos would you be most likely to cite case law that is not mandatory authority?
Secondary sources may be used in legal memos or briefs when there is an uncertainty in the law-for example when the trial courts of one jurisdiction have differing opinions on a particular subject (called a “split of opinion” or “split of Authority”) they are also useful for citing general trends in the law, either national or local.
Lamb v. California, 371 U.S. 234 (S.Ct 1963) Close, but not quite. Citing a Supreme Court Case is a bit different because they are only published in one reporter. Check out this website: http://www.law.cornell.edu/citation/3-200.htm
2. Please list all of the courts whose decisions are binding upon the federal district court for the District of Massachusetts.
Federal Circuit Court (Federal Courts of Appeals) & United States Supreme Court Which Circuit 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.
Federal Constitution
Federal Legislation
State Constitution
State Legislation
Federal Legislation cannot pass a law if it violates Federal Constitution, state laws are passed by State Legislation only if it does not violate the State or Federal Constitution. Also, “Supremacy Clause” A clause in Article VI of the U.S. Constitution that declares federal laws to have jurisdictional authority over state laws in the event there is conflict between laws established by two governing bodies
4. In what types of cases and/or memos would you be most likely to cite case law that is not mandatory authority?
Secondary sources may be used in legal memos or briefs when there is an uncertainty in the law-for example when the trial courts of one jurisdiction have differing opinions on a particular subject (called a “split of opinion” or “split of Authority”) they are also useful for citing general trends in the law, either national or local.