PLEG100 - Legal Authorities Report - Template (1)

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Bryant & Stratton College *

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100

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Law

Date

Jan 9, 2024

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docx

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4

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Name: Desrae Sears Legal Authorities Report Primary and Secondary Sources Chart Source Description Primary or Secondary Example: Miranda v. Arizona, 384 U.S. 436 (1966) Case Law Primary Restatement (Second) of Contracts § 30 (1981) Legal treatise Secondary U.S. Const. amend. IV Constitutional amendment Primary Universal City Studios, Inc. v. Corley, 273 F.3d 429 (2d Cir. 2001 Case law Primary 36 C.F.R. § 2.15 (2017) Administrative regulation Primary Black’s Law Dictionary (9th ed. 2009) Legal dictionary Secondary Ben Schenker, Legal Custody and Decision-Making. 43 Fam. Adv. 10 (2021 Legal journal Secondary Define primary sources of law, explain what government branches they originate from, and discuss how primary sources are used in the legal profession. Define secondary sources, explain where these sources originate from, and discuss how these sources are used in the legal profession. Narrative Paragraph: Primary and Secondary Sources Primary sources of law are authoritative documents that establish the laws and regulations of a particular jurisdiction. These sources originate from government branches, such as the legislative, executive or judicial branch. Legislative primary sources include statutes, which are written laws passed by state and federal legislatures. Executive primary sources include administrative regulations and orders issued by
PLEG100 - Legal Authorities Report 2 government agencies. Judicial primary sources include court decisions and opinions, which interpret and apply existing laws to specific cases. Primary sources are used in the legal profession to support arguments in legal briefs and court proceedings. Lawyers rely on these sources to understand the law, its history, interpretation, and application. Judges also use primary sources when deciding cases or making rulings. Secondary sources refer to materials that explain or analyze primary sources of law. These may originate from legal experts who interpret or analyze the law in various ways. Secondary sources can be found in books, articles, treatises, encyclopedias, and legal dictionaries. Legal professionals use secondary sources for research purposes, to gain a deeper understanding of primary source material they may not be familiar with. Additionally, secondary sources provide insight into how courts have interpreted certain laws over time. Lawyers often cite secondary sources in their legal briefs to support their arguments or provide additional context on a particular issue. Binding and Persuasive Sources Chart Source Jurisdiction Binding or Persuasive On New York Trial Court Level Example: People v. Marshall, 26 N.Y.3d 495 (N.Y. 2015) New York Court of Appeals Binding People v Watts, 32 N.Y.3d 358 (N.Y. 2018) New York Court of Appeals Binding Commonwealth v. Davido, 630 Pa. 217, 106 A.3d 611, 2014 Pennsylvania Supreme Court Persuasive N.Y. Penal Law § 120.05 New York Binding
PLEG100 - Legal Authorities Report 3 Tex. Const. art. 1, § 3 Texas Persuasive Define binding and persuasive authorities o Explain how both sources are utilized in the legal profession o Discuss how courts treat binding sources of law compared to persuasive sources. Explain the importance of identifying a source’s jurisdiction when conducting legal research Summarize how primary sources can be either binding or persuasive. Narrative Paragraph: Binding and Persuasive Authorities Binding authorities refer to sources of law that courts must follow in their decision- making process. These include constitutions, statutes, and regulations. Persuasive authorities, on the other hand, are sources of law that courts may consider but are not required to follow. Examples of persuasive authorities include court decisions from other jurisdictions or legal treatises. In the legal profession, both binding and persuasive authorities are utilized extensively. Binding authorities serve as a foundation for legal arguments and can provide clear guidance on how to proceed with a case. Persuasive authorities, while not mandatory, can offer additional support for an argument and help persuade a judge or jury. When it comes to treating binding versus persuasive sources of law, courts have different levels of deference depending on the source's weight. Binding sources must be followed unless they conflict with higher authority or precedent. Persuasive sources may be considered but do not have the same level of authority as binding sources. Identifying a source's jurisdiction is crucial when conducting legal research because laws vary between states and countries. Knowing which jurisdiction a source applies to ensures that you are researching applicable laws and can create stronger legal arguments. Primary sources can be either binding or persuasive depending on their status within the legal system. For example, federal statutes are binding primary sources that must be followed by all courts within the United States. However, decisions from lower courts in other jurisdictions may only be persuasive if they do not have direct authority over a particular case.
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PLEG100 - Legal Authorities Report 4 PLEG100 Week 4 Legal Authorities Report Grading Rubric Criteria Exceeds Expectations Meets Expectations Needs Improvement Points Content 70 points 63 - 70 points Report thoroughly describes legal authorities. Primary and secondary sources are correctly explained in detail. Binding and persuasive authorities are correctly explained in detail. Both charts identifying sources are completed and correct. 49 - 62 points Report generally describes legal authorities. Primary and secondary source are generally discussed but may be incorrectly analyzed. Binding and persuasive authorities are discussed but may be incorrectly analyzed. Charts are complete but may include incorrect identifications. 0 - 48 points Report does not describe legal authorities. Primary and secondary sources are not discussed or are incorrectly described. Binding and persuasive authorities are not analyzed or are inaccurately described. Charts are incomplete and include incorrect identifications. Formatting 20 points 18 - 20 points Report is approximately 400 words. All components and charts are present. Arrangement of information is consistent throughout. The format is Times New Roman or Arial, 12-point font, double- spaced and with 1” margins, with no errors. 14 - 17 points Report is approximately 400 words. All components and charts are present, but two or fewer may be misplaced/out of order. There are three or fewer errors in the format of Times New Roman or Arial, 12-point font, and with 1” margins. 0 – 13 points Report is less than 400 words. Components and charts may be missing, or there are several that are misplaced/out of order. Arrangement of information is inconsistent or unorganized. There are four or more errors in the format of Times New Roman or Arial, 12-point font, double- spaced, and with 1” margin. Mechanics 10 points 9 - 10 points No grammar, punctuation, or spelling errors. 7 - 8 points Three or fewer errors in grammar, punctuation and/or spelling. 0 - 6 points Four or more errors in grammar, punctuation and/or spelling. Instructor Comments: Total Points: