Fifth Legal Research Problem

In Chapter 1, we studied the differences between primary and secondary authority. In addition, we studied the differences between mandatory and persuasive authority. This hypothetical addresses these concepts.

Assume one is asked to compose an analysis of whether the firm's client is guilty of burglary. Please note that there are no common law crimes in California. In order to prosecute, there must be a criminal statute enacted by the California legislature. The burglary occurred in California and will be tried in California.

1. A 2015 Nevada Supreme Court decision, with facts similar to your client's facts, in which the defendant was found not guilty of burglary (2pts.). Is this authority primary or secondary? Answer:

Is this authority mandatory or persuasive? Answer:

2. An article from California Jurisprudence, 3d examining burglary cases in California (2pts.). Is this authority primary or secondary? Answer:

Is this authority mandatory or persuasive? Answer:

3. A California Supreme Court decision, with facts similar to your client's facts, in which the defendant was found guilty of burglary (2pts.). Is this authority primary or secondary? Answer:

Is this authority mandatory or persuasive? Answer:

4. A California state statute defining burglary and the elements that must be proven in order for a person to be found guilty of burglary (2pts.). Is this authority primary or secondary? Answer:

Is this authority mandatory or persuasive? Answer:

5. A law review article analyzing the sentencing guidelines of burglaries under the California penal code. (2pts.)

Is this authority primary or secondary? Answer:

Is this authority mandatory or persuasive? Answer:

6. Under the authorities listed in 1-5, which is the most authoritative? (1pt.)

Answer: