Question: 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

 that is, authority with greatest authoritative value will be listed first,

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. ASSIGNMENT 5 Facts Your client is the plaintiFfin a workers' compensation case. She was injured in 2003 in state t. in 2011), her employer destroyed all the Ibusiness records relat- ing to the client. The destruction of the records was apparently accidental. not intentional. They were destroyed, however, while the client's workers' com- pensation claim was pending. Mtotr You have located the following authority. all of which is directly related to the issues raised by the Facts of the client's case: 1. tale a City Cira 1995 decision: by the high- est court ofstate A in which the court created a cause of action in tort For the wrongt'ul destruction of business records. The court ruled that a cause of action exists if the records were destroyed in anticipation of or while a workers' compensation claim was pending. The court also held that a cause of acrlon exisrs if the destruCtion was intentional or negligent. 2. A 2W4 state A statutea law passed by the legislature oFstate A that created a cause of action in tort For the intentional destruction or\" business records. The statute provides that a cause ofaction exists iFthe destruction occurs in anticipation oFor while a workersl compen- sation claim is pending. 3. Men-tot a Taylora 1005 decision oFthe court of appeals of state A. The court of appeals is a lower court than the state's highest court. The court held that the term inten- tional, with in the meaning oFthe Z stat- ute, includes either the intentional destruction oFreeords or the destruction of records as a result ofgross negligence. 4. Desert a. (.'sntmrtsra decision of the highest court of state B interpreting a state Ft statute identical to the 2004 state A statute. The court held that the term intentional, as used in the statute, includes gross negligence only when the gross negligence is accompanied by a \"reckless and wanton" disregard to: the preset- vatlon oFthe business records. 5. A ED'JG federal statutethe statute is identical to the 2004 state statute but applies only to contractors with Federal contracts. IS. An .4th reFerenoeaddresses specic ques- tions similar to those raised in the client's case. Questions a. Which authority is primary authority. and which is secondary authority? Why? h. Which authority can be mandatory authority? Why? What would he required For any oFthe sources to be mandatory authority? c. Which authority can he persuasive authority? Why? d. Can Idle at. City Co. be authority at all? Why or why not? e. life's: at City Co. is authority, to what extent? I". Discuss the impact oFMerrt'rc 1-: Taylor in regard to the 2004 state A statute. g. Discuss the authoritative value ofcers: is Contractor. h. Assuming that all the primary authority applies to the issues raised by the Facts oF the client's ease. list the authority in the hierar- chical order of its value as precedent; that is, authority with greatest authoritative value will be listed rst, followed by other authority in the order it will be looked to and relied on by the court

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