PLEG100 - Legal Authorities Report - Template (1)
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School
Bryant & Stratton College *
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Course
100
Subject
Law
Date
Jan 9, 2024
Type
docx
Pages
4
Uploaded by JusticeSteel12842
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: