Discussion: Checklist

Initial Post

For your initial post, please do one hundred fifty to three hundred words.

Prompt: Review the checklist in Chapter 2 on page 35.

Select the Reply box and share the following:

1. How can paralegals incorporate the checklist in chapter two when conducting legal research?

CHECKLIST 1. Review all of your sources of authority. 2. Divide the sources into primary and secondary authorities and finding tools. 3. Make a list of all of the primary authorities. 4. Separate primary authorities that are applicable to the jurisdiction that applies in the case you are handling.C. USE OF AUTHORITIES OR SOURCES IN YOUR LEGAL WRITING 33 5. Make a ranking of those primary authorities-determine which are binding and which are merely persuasive. To rank these authori- ties, determine which authority is highest in the chain of command as explained in the hierarchy of authority section of this chapter. Consider which authority is most current and which authority is precedential in value rather than merely dicta. 6. Determine whether these binding authorities match your facts or legal issues. 7. Determine whether the primary persuasive authorities match your facts or legal issues. 8. Make a ranking of the secondary authorities and determine whether these match your facts or legal issues. 9. Start your analysis and written summary with the primary, binding authorities that match your facts and legal issues. 10. Next incorporate primary, persuasive authorities that match your facts and legal issues. However, you should use these authorities only if the primary, binding authority does not match your facts or legal issues in total. 11. Finally, consider incorporating secondary authorities into your writing if none of the primary authorities address your facts or legal issues. 12. Never cite a secondary authority when you have a primary binding authority on point. gruder easy ones his 13. Never cite a newspaper article or a finding tool to support a legal issue. Nonlegal sources such as newspapers should be cited only to support a factual issue.maintains