CITATION & AUTHORITY QUIZ

You are writing a legal memo on a federal child support issue You are writing a legal memo on a federal child support issue. You find a United States Code published in 2009, with a title number of 18. The section you are citing is called “Failure to pay legal child support obligations.” The section is 228. What is the correct cite format? 18 U.S.C. 228. 18 U.S.C. § 228. 18 U.S.C. 228 (2009). 18 U.S.C. § 228 (2009). :88

BB Rule See Bluebook Rule 12 – Statutes

Norman v. Buckner, 135 U.S. 500 (U.S. 1890). You need to cite a United States Supreme Court case from the year 1890. The plaintiff is Saul Norman and the defendant is Aaron Buckner. You are citing from the first page of the case and this is the first time you have cited this case in your writing. Which cite is correct? Norman v. Buckner, 135 U.S. 500 (U.S. 1890). Norman v. Buckner, 135 U.S. 500, 500 (1890). Norman v. Buckner, 135 U.S. 500 (1890). Saul Norman v. Aaron Buckner, 135 U.S. 500, 500 (1890). :86

BB Rule See Bluebook Rule 3.2 – first page of a source

Id. at 501 and 502. Id. at 521-2. Id. at 501-02. Id. at 521-22. Same case information as above but time you want to use a short-form citation for text found on pages 521 to 522 of the court’s opinion. The full cite is right above. How should you cite this? Id. at 501 and 502. Id. at 521-2. Id. at 501-02. Id. at 521-22. :87

BB Rule See Bluebook Rule 4.1 – Short Form Citations – “Id.”

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Which answer lists the sources of law in correct hierarchical order? Common law, statutes, regulations and constitution Constitution, statutes, common law, and regulations Regulations, common law, statutes, and constitution Common law, constitution, statutes, and regulations :24

The legislature works directly with: Common law or cases Regulations Statutes Constitution :30

With statutes, the legislature can: Codify common law Modify common law Reject common law All of the above :30

Can the legislature overturn a court’s decision that a statute is unconstitutional? Yes No Maybe :30

Is a court required to follow an agency’s guidance for or interpretation of a statute? Yes, always Yes but only when the interpretation is from a federal agency No but deference given when the agency has authority to act and its interpretation is rational and sound None of the above :30

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You are writing a legal memo regarding a federal consumer credit issue You are writing a legal memo regarding a federal consumer credit issue. Your supervisor tells you this is a statutory question. Decide whether each listed source is mandatory or persuasive authority or primary versus secondary authority (depending on the question). The Federal Consumer Credit Act: Primary Secondary :30

Explanation Primary authority: includes documents like case decisions, statutes and regulations   Secondary authority encompasses basically everything else, including: law review articles, restatements, treatises, commentary, etc. 

The Federal Consumer Credit Act: Mandatory Persuasive :30

Explanation Mandatory authority - primary sources that courts must follow or apply, such as the relevant constitution, statute and case. Persuasive authority – a decision that a court may adopt but does not have to follow

A treatise on consumer credit: Primary Secondary :30

Explanation Secondary authority encompasses basically everything else, including: law review articles, restatements, treatises, commentary, etc. 

Mandatory and Secondary Persuasive and Primary Mandatory and Primary John Doe v. Sam Houston, a decision from the highest court in the state that addresses the consumer credit issue: Mandatory and Secondary Persuasive and Primary Mandatory and Primary Persuasive and Secondary :45

Explanation Since this is a federal issue, a case decided by the highest state court is persuasive, non-binding authority. Also, since it is case law, it is primary authority.

Your case, involving a breach of contract issue, is at the appellate level in state court. You find a decision by a trial court in the same state, Lowes v. Home Depot, and the facts, reasoning and holding line up directly with your case. This case is: Mandatory Persuasive :45

Explanation The case is persuasive because it is a decision from a lower court on this state court issue. An on-point decision from the highest court in the state would be mandatory authority.

Which of the following is not a part of the general structure of a statute? Definition Holding Operative Rule Exceptions Defenses :20

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Select the correct citation format for the following sources Select the correct citation format for the following sources. Follow the rules for legal documents. Section 328-79 of the Hawaii Revised Statutes, all of which appears in the 2005 pocket part Haw. Rev. Stat. § 328-79 (Supp. 2005). Haw. Stat. 328-79 (2005). Rev. Haw. Stat. § 328(79) (2005). Haw Rev Stat § 328-79 (Supp. 2005). :120

BB Rules B6.1.2—state statutes 12.3.1(b)—title, chapter and volume T.1 Hawaii B13—typeface 3.1(c) and 12.3.1(2)—supplement information

The eleventh amendment to the Constitution of the United States Constitution XI US Const. amend. XI U.S. Const. amend. XI 11 Const. amend. :45

BB Rules 11 and T.16—subdivisions of the constitution B7--typeface

Section 1(d)(1) of title 15 of the current United States Code, published in 2000. This section appears in its entirety in the 2003 Supplement III. 15 U.S.C. § 1 (Supp. 2003). 15 USC § 1(d)(1) (Supp. 2003). 15 U.S.C. s. 1(d)(1) (Supp. 2003). 15 U.S.C. § 1(d)(1) (Supp. 2003). :60

BB Rules B6.1.1, 12.2.1, 12.3.1 & T.1 Federal—US Code format 3.1 & 12.3.1—supplement information

Texaco, Incorporated, versus Fouad N. Dagher Texaco, Incorporated, versus Fouad N. Dagher. This is a February 28, 2006 case from the united States Supreme Court. This case is not yet published in the reporter. However, this case I available on FindLaw at http://www.findlaw.com/casecode/supreme.html. Texaco, Inc. v. Dagher (Feb. 28, 2006), available at http:www.findlaw.com/casecode/supreme.html. Texaco, Inc. v. Dagher, at http:www.findlaw.com/casecode/supreme.html. Texaco, Inc. v. Dagher (Feb. 28, 2006), http:www.findlaw.com/casecode/supreme.html. Texaco, Incorporated v. Dagher (Feb. 28, 2006), available at http:www.findlaw.com/casecode/supreme.html. :120

BB Rules B13, T6, B51.1(ii) and (v), 10.2.1(g) & 10.2.2—party names 10.5(a)—year of decision 18.2.2(a)—parallel internet cite

In a Motion for Summary Judgment, you wish to cite to paragraph 3 of the Plaintiff’s Original Complaint (Compl. § 3.) (Orig. Compl. ¶ 3.) (Original Compl. ¶ 3.) (Original Compl. § 3.) :60

BB Rules B10.2—parentheses BT.1—abreviations B10.3—pinpoint reference

In an appellate brief, you wish to cite to Defendant’s Exhibit 72. (D’s Exh. 72.) (Def.’s Ex. 72.) (Defendant’s 72.) (Defendant’s Exh. 72.) :60

BB Rules B10.2—parentheses information BT.1—abbreviations B10.3—pinpoint reference

In your brief you are citing a rule concerning prohibitions on political activities applicable to attorneys and staff attorneys of the Legal Services Corporation. The rule is found in title 45 of the Code of Federal Regulations, at section 1608.8. The current volume of title 45 was published in 2005. C.F.R. 45 s. 1608.8 (2005). 45 CFR § 1608.8 (2005). 45 C.F.R. § 1608.8 (2005). 45 C.F.R. s. 1608.8 (2005). :60

BB Rule 14.2(a)—code of federal regulations and parentheticals

An article entitled “Punitive Damages,” by John J An article entitled “Punitive Damages,” by John J. Kircher, found on page 971 of volume 6 of the Tennessee Law Review, published in 2000. John J. Kircher, Punitive Damages, 6 Tenn. L. Rev. 971 (2000). Kircher, Punitive Damages, 6 Tenn. Law Rev. 971 (2000). J. Kircher, Punitive Damages, 6 Tenn. L. Rev. 971 (2000). Punitive Damages, 6 Tenn. L. Rev. 971 (2000). :120

BB Rules 16.1—author’s name B13 & 16.2—title 16.2 & T.13—pinpoint and periodical abbreviation 16.3--parenthetical

You are citing a United States Supreme Court Case You are citing a United States Supreme Court Case. The plaintiff is Planned Parenthood of Southeastern Pennsylvania and the defendant is Casey. The case was decided in 1992. What is the correct citation format? Planned Parenthood v. Casey, 505 U.S. 833 (U.S. 1992). Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992). Planned Parenthood v. Casey, 505 U.S. 833 (1992). Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (U.S. 1992). :120

BB Rules See T.1 – United States Jurisdictions See also Rule 10.2.1(f) – Geographical Terms See also Rule 10.4 – Court and Jurisdiction

You need to cite a Federal case You need to cite a Federal case. The plaintiff is Hoxha and the defendant is Levi. It is a 2006 case found in volume 465 of the Federal Reporter (3rd) from the Third Circuit (Pennsylvania). You are quoting from page 559 of the court’s opinion and this is the first time you have cited this case in your memo. The case starts on page 554. Which cite is correct? Hoxha v. Levi, 465 F.3d 559 (3d Cir. Pa. 2006). Hoxha v. Levi, 465 F.3d 554 (3d Cir. 2006). Hoxha v. Levi, 465 F.3d 554, 559 (3d Cir. 2006). Hoxha v. Levi, 465 F.3d 559 (3d. Cir. Pa. 2006) :120

BB Rules See Rule 10.4 Court and Jurisdiction – Federal Courts Also see Rule 3.2 – Pinpoint cites

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