Assume that all the cases are on point, that is, they are sufficiently similar to the facts
Question:
Assume that all the cases are on point, that is, they are sufficiently similar to the facts and issues involved in the problem to apply as precedent.
a. Which authority is primary authority, and which is secondary authority?
b. Which authority can be mandatory authority? Why? What would be required for any of the sources to be mandatory authority?
c. Which authority can be persuasive authority? Why?
d. Assuming that all the primary authority applies to the issues raised by the facts of the client’s case, list the authority in the hierarchical order of its value as precedent; 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.
Facts
The researcher is analyzing a problem involving the sale of goods on credit in state A.
Authority
The following authority has been located concerning the problem:
1. State A’s Uniform Commercial Code Act
2. State A’s Consumer Credit Act
3. State B’s Uniform Commercial Code Act
4. A federal statute—Consumer Credit Act
5. Iron v. Supply Co.—a decision of the highest court in state A
6. Milk v. Best Buy, Inc.—a decision of the highest court in state B
7. Control Co. v. Martin—a decision of an intermediary court of appeals in state A
8. Lesley v. Karl Co.—a decision of a trial court in state A
9. Irene v. City Co.—a federal case involving the federal Consumer Credit Act
10. Regulations adopted by state A’s Corporation Commission that apply to consumer credit and the sale of goods
11. Restatements of the Law defining sales, consumer credit, and other terms related to the problem
12. An ALR reference that directly addresses the issues in the case
Step by Step Answer:
Legal Research Analysis and Writing
ISBN: 978-1305948372
4th edition
Authors: William H. Putman, Jennifer Albright