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Primary and Secondary Authorities

Other (Not Listed) Instructions:

1. List three different primary authorities (general descriptions not sources in which they can be found).
2. List three different secondary authorities (general descriptions or specific sources).
3. When would you cite a secondary authority as binding on a Court?
For questions 4. 5, and 6 refer to Burk v. Friedman, 556 F 2nd 867 77th C.I.R.(1977).
4. To what key number does headnote 3 refer to in this case?
5. What is the holding in this case?
6. What is the disposition of this case
TRUE OR FALSE
7. _______ Headnotes always accurately reflect what a court said in its opinion.
8. _______ Legislative bodies create case law, which is primary authority.
9. ______ Case law, statutes and constitutions are three types primary authority.
10. ______ Treatises are examples of primary authority.
11. ______ The Restatement should be cited as binding precedent in all cases.
12. ______ Shepard's is the only method to check whether a case citation is current.
13. _____ As a paralegal, you are to research only the law that supports your client's position and to ignore any non-supporting authorities.
14. LEXIS, not Westlaw, provides that of the following services:
a. Shepard’s
b. KeyCite
c. key number searches
d. a and b only
e. a, b, and c.
15. WESTLAW, not LEXIS, provides that of the following services:
a. Key number searches
b. Key Cite
c. Shepard’s
d. a and b above
16. Which of the following decisions would be binding upon the United States Court of Appeals for the Tenth Circuit regarding an issue of federal law?
a. A decision of the United States Supreme Court
b. A decision of the United States Seventh Circuit Court of Appeals located in Chicago
c. A decision of the Colorado Supreme Court
d. all of the above
e. a and b only
17. Which of the following sources contain the full text of a United States statute?
a. U.S.C.S.
b. U.S.C.A.
c. U.S.C.
d. all of the above.

18. Which of the following is an INCORRECT statement?
a. Secondary authority is persuasive authority that can be used to persuade a judge to decide in your client's favor.
b. Corbin's treatise on contracts is an example of secondary authority.
c. The United States Code contains secondary authority.
d. The Restatements are persuasive secondary authorities.
19. List one reason you would use a treatise.
20. Can the Rhode Island legislature adopt a law that violates the U.S. Constitution?
21. What U.S. court is the highest court?
22. Do appellate courts generally decide issues of fact?
23. What are Congress-created laws called?
24. What is the body of law created by the courts called?
25. What is the highest court in New York state
26.Name one judge on this court
27. Find 507 F. Supp. 1091. What is the key number and topic for the second headnote?
28. Find Wheeler v Hurdman- 825 F.2d 257. What court decided this case?
29. Find 819 F.2d 630. What is the docket number for this case?
For questions 30 and 31 Find 373 N.E.2d 1371.
30. List the presiding judge
31. List the date the case was decided.
For Questions 32, 33 and 34 Find 432 N.E.2d 1123.
32. List the official citation for this case
33. List the name of the plaintiff
35. List the name of the defendant
36.Find 222 N.E.2d 561. List the name of the judge who wrote the opinion.
For questions 37, 38 and 39 Find 2002 WL1592517 (CA 7. Ill.).
37. Who is the trial judge?
38.What is the date the case was argued?
39.What is the date it was decided?
Find 984 F.2d 218 online on Westlaw.
40. Is there a signal that indicates whether the case is good law?
41. If so, what is the signal and what does it indicate?
42. Does it apply to the entire case? If no, what part of the case does it apply to?
Look up 581 N.E. 2d 19.
43. What color flag, if any, appears at the top?
44. If so, why does it appear?
45. What is the topic of the third headnote?
46. What year was this case decided?
47. Who were the attorneys involved in the case?
48. What is the name of the judge who wrote the opinion?
49. How many cases cite headnote 6?
50. Under headnote 7, what is the first case the court said plaintiff relied upon?
51. (extra Credit) What does the court say about that case?

Other (Not Listed) Sample Content Preview:
Fall 2022 Legal Research and Writing
1. List three different primary authorities (general descriptions not sources in which they can be found).
- Statutes or legislation enacted by a legislative body such as Congress or a state legislature.
- Court decisions or rulings made by a judge or panel of judges.
- Regulations or rules promulgated by an administrative agency with rulemaking authority.
2. List three different secondary authorities (general descriptions or specific sources).
- Law review articles or scholarly journals that discuss and analyze the law.
- Treatises or hornbooks that summarize and explain the law in a particular area.
- Legal dictionary.
3. When would you cite a secondary authority as binding on a Court?
Generally, you would not cite a secondary authority as binding on a court - that is, the role of primary authorities. However, there are instances where a secondary authority might be persuasive to a court. For example, if there is a lack of primary authority on a particular issue, a court might look to a secondary authority for guidance. Additionally, if a secondary authority has been relied on by other courts or is highly respected in the legal community, it may be influential to a court.
For questions 4. 5, and 6 refer to Burk v. Friedman, 556 F 2nd 867 77th C.I.R.(1977).
4. To what key number does headnote 3 refer to in this case?
Headnote 3 refers to key number 172, which relates to "Employees; Definition, Test, and Status."
5. What is the holding in this case?
The holding, in this case, is that the individual partners of a partnership are not considered "employees" within the meaning of 42 U.S.C. § 2000e(f). Therefore, the defendants, in this case, are not an "employer" as defined in 42 U.S.C. § 2000e(b) because they do not employ fifteen or more employees.
6.What is the disposition of this case?
The disposition of this case is that the district court's order dismissing the plaintiff's complaint for lack of subject matter jurisdiction is affirmed.
TRUE OR FALSE
7. False. Headnotes always accurately reflect what a court said in its opinion.
8. False. Legislative bodies create case law, which is primary authority.
9. True. Case law, statutes and constitutions are three types primary authority.
10. False. Treatises are examples of primary authority.
11. False. The Restatement should be cited as binding precedent in all cases.
12. False. Shepard's is the only method to check whether a case citation is current.
13. False. As a paralegal, you are to research only the law that supports your client's position and to ignore any non-supporting authorities.
14. LEXIS, not Westlaw, provides that the following services:
a. Shepard’s
b. KeyCite
c. key number searches
d. a and b only
e. a, b, and c.
15. WESTLAW, not LEXIS, provides that of the following services:
a. Key number searches
b. Key Cite
c. Shepard’s
d. a and b above
16. Which of the following decisions would be binding upon the United States Court of Appeals for the Tenth Circuit regarding an issue of federal law?
a. A decision of the United States Supreme Court
b. A decision of the United States Seventh Circuit Court ...
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