Chapter 1

Assignment 4:

Facts: The researcher is analyzing a problem involving the sale of goods on credit in state A.

Authority: The following authority has been located concerning the problem

State A's Uniform Commercial Code Act

State A's Consumer Credit Act

State B's Uniform Commercial Code Act

A federal statuteConsumer Credit Act

Iron v. Supply Co.a decision of the highest court in state A

Milk v. Best Buy, Inc.a decision of the highest court in state B

Control Co. v. Martina decision of an intermediary court of appeals in state A

Lesley v. Karl Co.a decision of a trial court in state A

Irene v. City Co.a federal case involving the federal Consumer Credit Act

Regulations adopted by state A's Corporation Commission that apply to consumer credit and the sale of goods

Restatements of the Law defining sales, consumer credit, and other terms related to the problem

An ALR reference that directly addresses the issues in the case

Assume that all the cases are on point, that is, they are sufficiently similar to the facts and issues involved in the problem to apply as precedent.

Questions

1. Which authority is primary authority, and which is secondary authority?
2. Which authority can be mandatory authority? Why? What would be required for any of the sources to be mandatory authority?
3. Which authority can be persuasive authority? Why?
4. Assuming that all the primary authority applies to the issues raised by the facts of the client's case, list the authority in the hierarchical order of its value as precedent; that is, authority with greatest authoritative value will be listed first, followed by other authority in the order it will be looked to by the court.

Chapter 2

Assignment 2

Client's Facts

The client found a check written out to cash in the amount of $750. The check was completely made out when they found it. The client took it to the bank, signed it on the back as instructed by the teller, and cashed it. The client was subsequently arrested and charged with forgery.

Rule of Law

Section 30-236 of the state penal code defines forgery as "falsely making or altering any signature to, or any part of, any writing purporting to have any legal efficacy with intent to injure or defraud."

Section 45-3-109d of the state commercial code provides that when a negotiable instrument is made out to cash it is a "bearer instrument." The section goes on to provide: "A bearer instrument refers to an instrument that is payable to anyone possessing the instrument and is negotiable by transfer alone, it is the same as cash." Note: A check is a negotiable instrument.

Based on the information presented in the problem, complete a detailed analysis of the question of whether there is sufficient evidence to support a charge of forgery.

Assignment 3

Client's Facts

The client is charged with burglary. The client broke a window, entered the neighbor's garage, and took three cases of beer. The garage is a separate building located about six feet from the neighbor's house.

Rule of Law

Section 2397 of the state penal code defines burglary as the breaking and entering of the dwelling house of another with the intent to commit a crime.

Case Law

In the case of State v. Nelson, the court ruled that "a dwelling includes outbuildings close to but not physically connected with a dwelling house, if such buildings are capable of being fenced in."

Based on the information presented in the problem, complete a detailed analysis of the question of whether thereis sufficient evidence to support a charge of burglary.

Chapter 7

Assignment 1

The client is a shareholder of a corporation in Tennessee. What is required for an action to be taken by shareholders without a meeting?

Assignment 4

The Hobbes Bridge Act is included in which section of the United States Code?

Assignment 7

How is "claim" defined in the National Park Service's regulations dealing with minerals management? Include the Code of Federal Regulations citation.

Chapter 1

• Assignments: 4 (a, b, c, d). Make sure you are applying each part to the list of authority provided.

Note: You will not need Westlaw to complete Assignment 4

Chapter 2

• Assignments: 2 and 3 (Follow the FIRAC method to analyze these problems. You should consult Program Resources for instructions on how to FIRAC).

Note: You will not need Westlaw to complete Assignments 2 and 3.

Chapter 7

• Assignments: 1, 4, 7

Note: You must use Westlaw to answer Assignments 1, 4, 7