Legal Research, Writing and Civil Litigation
Ashley Brown
October 5, 2014
Assignment 1
Legal Research, Writing, and Civil Litigation
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)
Please list all of the courts whose decisions are binding upon the federal district court for the District of Massachusetts.
Trial court, Appellate court, state Supreme Court, and U.S. Supreme Court.
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;
Federal Constitution; Federal Legislation; State Constitution; State LegislationArticle VI, Section 2 of the United States Constitution, known as the Supremacy Clause, sets forth that three distinct areas of legislation be at the forefront. It states that the Constitution, Federal statutes, and United States treaties encompass the "supreme law of the land", therefore making them the highest areas of law possible within the legal system of America. Federal legislature can’t violate the Constitution because the Constitution is considered the supreme law of the land. Any federal law trumps any conflicting state law.State legislature is restricted by state constitution. States can’t pass laws that interfere with the Constitution or federal legislation. The Supreme Court has the authority to overturn state laws that interfere with the Constitution and federal legislation.
In what types of cases and/or memos would you be most likely to cite case law that is not mandatory authority?
Secondary sources if there is uncertainty in the law. Secondary sources can contain influential reasoning, which a court may rely on. Citing to secondary sources, such as case
October 5, 2014
Assignment 1
Legal Research, Writing, and Civil Litigation
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)
Please list all of the courts whose decisions are binding upon the federal district court for the District of Massachusetts.
Trial court, Appellate court, state Supreme Court, and U.S. Supreme Court.
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;
Federal Constitution; Federal Legislation; State Constitution; State LegislationArticle VI, Section 2 of the United States Constitution, known as the Supremacy Clause, sets forth that three distinct areas of legislation be at the forefront. It states that the Constitution, Federal statutes, and United States treaties encompass the "supreme law of the land", therefore making them the highest areas of law possible within the legal system of America. Federal legislature can’t violate the Constitution because the Constitution is considered the supreme law of the land. Any federal law trumps any conflicting state law.State legislature is restricted by state constitution. States can’t pass laws that interfere with the Constitution or federal legislation. The Supreme Court has the authority to overturn state laws that interfere with the Constitution and federal legislation.
In what types of cases and/or memos would you be most likely to cite case law that is not mandatory authority?
Secondary sources if there is uncertainty in the law. Secondary sources can contain influential reasoning, which a court may rely on. Citing to secondary sources, such as case