RCC Chapter 2 Legal Authorities and How to Use Them-2
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Jan 9, 2024
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RIVERSIDE CITY COLLEGE
Homework assignment
PARALEGAL 64
Chapter 2 - The Court Systems
Questions 14 – 23
14.
If you have a primary binding authority and a primary persuasive authority, which would
you use and why?
If the source of information from the primary binding authority is within its jurisdiction,
then that is what should be used.
Binding authority is what courts must follow when they
make decisions. Courts may follow persuasive authority but do not have to.
15.
If you have a primary persuasive authority and a secondary authority, which would you
use and why
A primary persuasive authority would hold more weight in court. Although it is
discouraged to provide both, the only thing a secondary authority would do is help to
persuade or support your argument.
16.
If you have primary binding authority and dicta, which would you use and why?
Primary binding authority is what must be used in this case. Binding authority is
mandatory.
While dicta may be used to persuade a decision, they are just statements, they
are not authoritative.
17.
If you have a primary persuasive authority and dicta, which would you use and why?
Primary persuasive authority is what should be used in this instance, although dicta is
persuasive the primary persuasive is the authority.
18.
If you have secondary and dicta, which would you use and why?
While both of these sources provide different types of information, One might lean more
toward the secondary source as a decision. Or maybe provide both if it helped lean toward
my goal and the information stemmed from a notably reliable source.
1
Homework Assignment
Chapter 2 - The Court Systems
19.
How do you determine what law governs your case?
The law that governs your case is based on the jurisdiction, and the law that is being
applied, and from that determines the hierarchy of authority along with precedent.
Including the most current authority.
20.
What is jurisdiction?
Jurisdiction is essentially an area of law or a boundary that allows cases to be heard.
21.
What factors determine what jurisdiction governs your case, and should you make that
determination?
Some factors that determine what jurisdiction might govern a case would essentially be
based on who, where, and what the dispute was about. A paralegal should confirm/double-
check jurisdiction with the attorney.
22.
After you have determined the jurisdiction, how do you determine when cases or laws
control the outcome of your research issue?
I’m not sure if I understand the question or if I even know the answer to this question, but
my guess would be in order to determine when cases or laws control the outcome of your
research you need to know if the authority is binding.
23.
What is the hierarchy of legal authorities?
The hierarchy of legal authorities is a ranking system of authorities that hold different
values.
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