Review the email below using the course material and the Legal Authorities Report Template. Then, draft a
Question:
Review the email below using the course material and the Legal Authorities Report Template. Then, draft a report in approximately 400 words addressing the points in the email, and complete the provided charts. You do not need to perform any outside research, as all sources are included to complete this assessment. The report should contain the following components within the Legal Authorities Report Template:
- Completed chart on primary and secondary sources.
- Paragraph on primary and secondary sources - approximately 200 words.
- Completed chart on binding and persuasive authorities.
- Paragraph on binding and persuasive authorities - approximately 200 words.
Formatting
- 12-point Arial or Times New Roman Font
- One-inch margins
- Double-spaced
For grading details, please refer to the grading rubric below.
Attorney Email:
Dear Paralegal,
The local bar association was thrilled with our previous presentation comparing the state and federal court systems. They invited us back to present at another upcoming workshop. This presentation will be part of their educational training series for paralegals. We will present the different types of legal authorities and how they are used in the profession. We will also provide examples of these sources. To assist with this presentation, I've provided a template to help you organize the presentation material.
- Complete the chart on primary and secondary sources. Review the authorities below and complete the chart by filling in the source and description and identifying whether the source is primary or secondary. The source and description are already provided, and there is an example in the template to assist with formatting.
Example: Miranda v. Arizona, 384 U.S. 436 (1966)
- Description: case law
1. Restatement (Second) of Contracts 30 (1981)
- Description: a legal treatise
- U.S. Const. amend. IV
- Description: a constitutional amendment
- Universal City Studios, Inc. v. Corley, 273 F.3d 429 (2d Cir. 2001)
- Description: case law
- 36 C.F.R. 2.15 (2017)
- Description: administrative regulation
- Black's Law Dictionary983 (9th ed. 2009)
- Description: legal dictionary
- Ben Schenker, Legal Custody and Decision-Making. 43 Fam. Adv. 10 (2021)
- Description: legal journal
- U.S. Const. amend. IV
- Draft a paragraph explaining primary sources of law and secondary sources.
- 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.
- Complete the chart on binding and persuasive authorities. Most paralegals in attendance work at the New York trial court level. With that in mind, review the sources below and their jurisdiction description to determine if the source is binding or persuasive. The source and jurisdiction are already provided, and the template has an example to assist with formatting.
Example: People v. Marshall, 26 N.Y.3d 495 (N.Y. 2015)
- Jurisdiction:New York Court of Appeals
- People v Watts, 32 N.Y.3d 358 (N.Y. 2018)
- Jurisdiction: New York Court of Appeals
- Commonwealth v. Davido, 630 Pa. 217, 106 A.3d 611, 2014
- Jurisdiction: Pennsylvania Supreme Court
- N.Y. Penal Law 120.05
- Jurisdiction: New York
- Tex. Const. art. 1, 3
- Jurisdiction: Texas
- Draft a paragraph explaining binding and persuasive authorities.
- Define binding and persuasive authorities.
- Explain how both sources are utilized in the legal profession
- 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.
Quantitative Analysis for Management
ISBN: 978-0132149112
11th Edition
Authors: Barry render, Ralph m. stair, Michael e. Hanna