Question
Background: Martinez has asked you to evaluate materials that might be useful in representing LCA clients. Instructions: Questions 15 give examples of different legal authorities.
Background: Martinez has asked you to evaluate materials that might be useful in representing LCA clients.
Instructions:
Questions 15give examples of different legal authorities. Determine whether the materials are primary or secondary authorities.
Number each answer and identify each source as primary authority or secondary authority. (No additional explanation required.)
1. An article on lethal injectionin the legal encyclopedia,American Jurisprudence, 2d.
2. The 4th Amendment to the U.S. Constitution.
3. Section 3592 of Title 18 of theUnited States Code(18 U.S.C. 3592), a U.S. federal statute.
4. Lyle Denniston's 2016 article, "Court reopens race and death penalty issues" on SCOTUSBlog.com.
5.Oken v. State, 835 A.2d 1105 (Md. 2003), an opinion issued by the Maryland Court of Appeals.
Questions 617 list court opinionsMartinez is reviewing for two LCA clients, Mr. Adams and Ms. Young. Martinez asks you to determine whether each opinionis probably mandatory or definitely persuasive authority.
Number each answer and clearly identify each opinion asmandatory(i.e. binding) orpersuasivein the provided scenarios. Next,draw on what you learned from this week's Read/Watch materials andexplain each of your answersusing complete sentences. TIP: Under the Rule of stare decisis, a court opinion cannot be mandatory unless it comes from a higher court in the same judicial system. Address both parts of the rule in your explanations.
Mr. Adams is being tried in the U.S. District Court for the District of Maryland, a federal trial court.The issue being researched only concerns U.S. federal law. The courtopinions listed in Questions 6 through 10 arepublished and relevant to Adams' case.
6. An opinion from the U.S. Supreme Court.
7. An opinion from the U.S. Court of Appeals for the Third Circuit.
8. An opinion from the Maryland Court of Appeals.
9. An opinion from the U.S. Court of Appeals for the Fourth Circuit.
10. An opinion from the U.S. District Court for the District of Columbia.
Ms. Young is being tried in the Circuit Court for Baltimore County, Maryland, a state trial court.The issue being researched only concerns Maryland state law. The courtopinions listed in Questions 11 through 15 arepublished and relevant to Young's case.
11. An opinion from the Maryland Court of Appeals.
12. An opinion from the Maryland Court of Special Appeals.
13. An opinion from the U.S. Court of Appeals for the Fourth Circuit.
14. An opinion from the Supreme Court of Pennsylvania.
15. An opinion from the U.S. District Court for the District of Maryland.
Ms. Young lost at trial, and her appeal is being heard in the Maryland Court of Appeals.The issue on appeal only concerns Maryland state law. The courtopinions listed in Questions 16 and 17 arepublished and relevant to Young's case.
16. An opinion from the Maryland Court of Special Appeals.
17. An opinion from the U.S. Supreme Court.
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