Chapter 1 The Fundamentals of Authority Legal Analysis: The application of law to facts

The Fundamentals of Authority Authority: Authority: Anything the court can and must use in reaching its decision Anything the court can and must use in reaching its decision 1. Is the authority law or non-law? 1. Is the authority law or non-law? 2. Is the authority mandatory or persuasive? 2. Is the authority mandatory or persuasive?

Primary/Secondary Authority Primary Authority Primary Authority Any form of law (statute, case, constitution, etc.) Any form of law (statute, case, constitution, etc.) Secondary Authority Secondary Authority Non-law (legal encyclopedia, treatise) Non-law (legal encyclopedia, treatise) Helps researcher find primary authority Helps researcher find primary authority Non-Authority Non-Authority No longer law (reversed case, superceded statute) No longer law (reversed case, superceded statute)

Mandatory/Persuasive Authority Mandatory Authority: Mandatory Authority: Opinions of a higher court in your jurisdiction Opinions of a higher court in your jurisdiction E.g., Nevada Supreme Court opinion is mandatory authority for Nevada Trial Court E.g., Nevada Supreme Court opinion is mandatory authority for Nevada Trial Court Persuasive Authority: Persuasive Authority: Opinions from same level court or lower OR opinions of another jurisdiction Opinions from same level court or lower OR opinions of another jurisdiction E.g., Federal Trial Court is persuasive authority for State Supreme or State Trial Court E.g., Federal Trial Court is persuasive authority for State Supreme or State Trial Court

State Courts Federal Courts United States Supreme Court US Supreme Court US Circuit Court Court of Appeals US District Court Trial Court State Supreme Court Intermediate Court of Appeals State Trial Court

Primary Authority Primary Authority Primary Authority Constitution Constitution Statutes (legislature) Statutes (legislature) Opinions (courts) Opinions (courts) Treaties Treaties Executive Orders Executive Orders Administrative Rules Administrative Rules Administrative Decisions Administrative Decisions Rules of Court Rules of Court Charters Charters Ordinances Ordinances

Locating a Case with a Citation Citation is the legal address of a case, statute, or other legal document Citation is the legal address of a case, statute, or other legal document Canino v. New York News, 475 A.2d 528 (N.J. 1984) Canino v. New York News, 475 A.2d 528 (N.J. 1984) Title: Canino v. New York News Title: Canino v. New York News Volume: 475 Volume: 475 Publication: Atlantic 2d series Publication: Atlantic 2d series Page: 528 Page: 528 Court: N.J. Supreme Court: N.J. Supreme Year: 1984 Year: 1984

Basic State Citation Form Long Form: Smith v. Jones, 342 Nev. 980, 456 P.2d 898 (1998) Long Form: Smith v. Jones, 342 Nev. 980, 456 P.2d 898 (1998) Two addresses: Two addresses: Official Address (like a street address): Official Address (like a street address): ____ Official Publication ____ ____ Official Publication ____ Volume State Page Volume State Page Unofficial Address (like a post office box): Unofficial Address (like a post office box): ____ Unofficial Publication ____ ____ Unofficial Publication ____ Volume Region Page Volume Region Page Short Form: Smith v. Jones, 456 P.2d 898 (Nev. 1998) Short Form: Smith v. Jones, 456 P.2d 898 (Nev. 1998) Unofficial Address only : Unofficial Address only : ____ Unofficial Address _____ (State Year) ____ Unofficial Address _____ (State Year) Volume Region Page Volume Region Page

Basic Federal Citation U.S. Supreme Court Title, ___ U.S. ___, ___ S.Ct. ___, ___ L.Ed. ___ (Year) U.S. Court of Appeals Title, ___ F.2d ___ (# Cir. Year) U.S. District Court Title, ___ F. Supp. ___ (District Year) US Supreme Court US Circuit Court Court of Appeals US District Court Trial Court

How to Read a Case Official Reports = government publication of opinions Official Reports = government publication of opinions Unofficial Reporters = private publishers of opinions Unofficial Reporters = private publishers of opinions Duplicate of opinion from official reporter Duplicate of opinion from official reporter PLUS “research helps”: PLUS “research helps”: Syllabus: Summary of case Syllabus: Summary of case Headnotes:Summary of sections/subjects in opinion Headnotes:Summary of sections/subjects in opinion Key Numbers:Topic research system Key Numbers:Topic research system Line of Demarcation:Signals the beginning of the official opinion Line of Demarcation:Signals the beginning of the official opinion Opinion: Decision of the court Opinion: Decision of the court

Unofficial Regional Reporters

1.6 Finding Statutes with a Citation Statute = Law created by a legislature Statute = Law created by a legislature Statutory Citation = Legal Address Statutory Citation = Legal Address 42 U.S.C. §1204 (1984) 42 U.S.C. §1204 (1984) Title/Chapter: 42 Title/Chapter: 42 Publication:United States Code Publication:United States Code §: Section §: Section Year: 1984 Year: 1984

How to Read a Statute Official Statute provides only statute Official Statute provides only statute N.R.S : Any private verbal or written communication between a husband and wife is privileged, and a party possessing the privilege may not be required to testify and may prevent the spouse from testifying. Unofficial Statutes provides statute PLUS: Unofficial Statutes provides statute PLUS: Interpretive Notes and Decisions, statutory history, etc. Interpretive Notes and Decisions, statutory history, etc. N.R.S : Any private verbal or written communication between a husband and wife is privileged, and a party possessing the privilege may not be required to testify and may prevent the spouse from testifying. Interpretive Decisions. Jones v. Smith, 125 P.2d 254 (Nev. 1999) The spousal privilege protects communications between a husband to his wife regarding his use of illegal drugs.

Statute Example Reading a Statute Statute Research Tools