Research, Writing & Civil Litigation Assignment 1
PLG-108-1309: Legal Research, Writing & Civil Litigation
Assignment 1 (based on classes 1 and 2): Question
For the first assignment, try these short questions involving legal research:
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 (1963).
2. Please list all of the courts whose decisions are binding upon the federal district court for the District of Massachusetts.
Circuit Courts of Appeal, and the U.S. Supreme.
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. state constitution;
b. federal constitution;
c. state legislation;
d. federal legislation;
Constitution The ultimate document that gives governments their authority; also serves to limit governmental authority, to protect civil rights, etc. Other laws, judicial decisions and executive actions must be consistent with the applicable constitution or it falls to the courts to strike down (law, decision or action).
Statutes Law written by federal and state legislatures. They become effective upon signature of the president (federal) or governor (state). Statues of limitations Federal and state laws prescribing the maximum period of time during which various types of civil actions nd criminal prosecutions can be brought after the occurrence of the injury or offense.
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?
Determining when a court's decision is mandatory or
Assignment 1 (based on classes 1 and 2): Question
For the first assignment, try these short questions involving legal research:
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 (1963).
2. Please list all of the courts whose decisions are binding upon the federal district court for the District of Massachusetts.
Circuit Courts of Appeal, and the U.S. Supreme.
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. state constitution;
b. federal constitution;
c. state legislation;
d. federal legislation;
Constitution The ultimate document that gives governments their authority; also serves to limit governmental authority, to protect civil rights, etc. Other laws, judicial decisions and executive actions must be consistent with the applicable constitution or it falls to the courts to strike down (law, decision or action).
Statutes Law written by federal and state legislatures. They become effective upon signature of the president (federal) or governor (state). Statues of limitations Federal and state laws prescribing the maximum period of time during which various types of civil actions nd criminal prosecutions can be brought after the occurrence of the injury or offense.
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?
Determining when a court's decision is mandatory or