previous decision; the doctrine that provides that precedent should be followed. 16. Subject Matter Jurisdiction- the types or kinds of cases the court has the authority to hear and decide. 17. Supremacy Clause- in the United States Constitutions Article VI, stating that all laws made furthering the Constitution and all treaties made under the authority of the United States are the “supreme law of the land.” Exercises 4. Assignment a. Which authority is primary authority, and which is secondary authority? Primary authority would be 5. Secondary authority would be 6. b. Which authority can be mandatory authority? Why? What would be required for any of the sources to be mandatory authority? Mandatory authority is 4, because is a federal statute. c. Which authority can be persuasive authority? Why? Persuasive authority is 10. They are regulations not laws. d. Assuming that all primary authority applies to the issues raised by the facts of the clients case, list the authority in the clients case, list the authority in the hierarchial order of its value as procedure; that is, authority with greatest authoritative value will be listed first, followed by other authority in the order it will be looked to by the court.
You've reached the end of your free preview.
Want to read all 3 pages?
- Fall '18