Research, Writing & Civil Litigation Assignment 1 Essay

For the first assignment, try these short questions involving legal research1. please enter the correct citation for the lordly Court case of birth 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 conclusivenesss are book 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 rightfulness 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 constitutionb. federal constitutionc. state jurisprudenced. federal legislationConstitution The ultimate document that gives governments their authority overly serves to limit governmental authority, to protect civil rights, etc. Other laws, juridic decisions and executive ac tions must be consistent with the applicable constitution or it falls to the courts to strike down (law, decision or action). Statutes Law indite by federal and state legislatures. They become effective upon signature of the chairman (federal) or governor (state). Statues of limitations federal official and state laws prescribing the maximum period of clock during which versatile types of civil actions nd twist prosecutions can be brought afterward the occurrence of the injury or offense. Supremacy Clause A article in Article VI of the U.S. Constitution that declares federal laws to have legal poweral authority over state laws in the event there is difference of opinion 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 courts decision is mandatory or persuasive can be tricky, given the manifold jurisdictions throughout the country and the la yers of courts within each jurisdiction. Our court systems are founded on the belief that there should be fairness, consistency, and predictability in judicial decision making. The doctrine that expresses this concept is labeled stare decisis. In essence, stare decisis considers mandatory, or binding, an alert decision from any court that usages appellate jurisdiction over another(prenominal)(prenominal) court, unless the lower court can show that the decision is clearly incorrectly or is distinguishable from the case at hand.Courts frequently consider the bigger context when choosing among persuasive decisions. A typical situation in which decisions from wiz state may be highly persuasive on another is where both states share a specific doctrine. For example, Texas courts may flummox decisions of Wisconsin courts in marital property cases quite persuasive because both states adhere to club property law. Rarely would either state consult its neighboring states on marital prope rty law both have neighbors that are unwritten marital property states. In most other situations, however, Texas courts might find Oklahoma or Arkansas decisions more persuasive than those of Minnesota or Illinois (Wisconsins neighbors), because demographic, geographic, or historic similarities may have led to the study of similar legal doctrines among neighboring states.Similarly, whether a state has adopted a particular uniform law can affect the persuasiveness of its decisions. Federal courts, too, look at the larger context when choosing among the range of persuasive decisions to consult.And For well-grounded measure, to save the hardest for last5. Give an example of a case where the U.S. Supreme Court would be deciding an issue of STATE law.The Justices must exercise considerable discretion in deciding which cases to hear, since more than 10,000 civil and criminal cases are filed in the Supreme Court each year from the various state and federal courts. The Supreme Court also has original jurisdiction in a very small number of cases arising out of disputes between States or between a State and the Federal Government.Bintliff, B. MANDATORY V. glib CASES. West Group Retrieved 2001 from http//faculty.law.lsu.edu/toddbruno/mandatory_v__persuasive.htm McWay, D. (2008).Workings of the American Legal System. Legal and ethical Aspects of Health Information Management (third edition). 2008 Delmar Cengage learning.