Chapter 1Chapter 1

The Fundamentals of The Fundamentals of AuthorityAuthority

Legal Analysis: Legal Analysis: The application of law The application of law to facts to facts

The Fundamentals of AuthorityThe Fundamentals of Authority

Authority:Authority: Anything the court can and must use in Anything the court can and must use in

reaching its decisionreaching its decision

1. Is the authority law or non-law?1. Is the authority law or non-law? 2. Is the authority mandatory or 2. Is the authority mandatory or

persuasive?persuasive?

Primary/Secondary AuthorityPrimary/Secondary Authority

Primary AuthorityPrimary Authority Any form of law (statute, case, constitution, etc.)Any form of law (statute, case, constitution, etc.)

Secondary AuthoritySecondary Authority Non-law (legal encyclopedia, treatise)Non-law (legal encyclopedia, treatise)

Helps researcher find primary authorityHelps researcher find primary authority

Non-AuthorityNon-Authority No longer law (reversed case, superceded No longer law (reversed case, superceded

statute)statute)

Mandatory/Persuasive AuthorityMandatory/Persuasive Authority

Mandatory Authority:Mandatory Authority: Opinions of a higher court in your jurisdictionOpinions of a higher court in your jurisdiction

E.g.,E.g., Nevada Supreme Court opinion is mandatory Nevada Supreme Court opinion is mandatory authority for Nevada Trial Courtauthority for Nevada Trial Court

Persuasive Authority:Persuasive Authority: Opinions from same level court or lower OR Opinions from same level court or lower OR

opinions of another jurisdiction opinions of another jurisdiction

E.g.,E.g., Federal Trial Court is persuasive authority for State Federal Trial Court is persuasive authority for State Supreme or State Trial CourtSupreme or State Trial Court

State CourtsState Courts Federal Courts Federal Courts

United States Supreme CourtUnited States Supreme CourtUS

SupremeCourt

US Circuit CourtCourt of Appeals

US District CourtTrial Court

StateSupreme

Court

Intermediate Court of Appeals

State Trial Court

Primary AuthorityPrimary Authority

Primary AuthorityPrimary Authority ConstitutionConstitution Statutes (legislature)Statutes (legislature) Opinions (courts)Opinions (courts) TreatiesTreaties Executive OrdersExecutive Orders Administrative RulesAdministrative Rules Administrative DecisionsAdministrative Decisions Rules of CourtRules of Court ChartersCharters OrdinancesOrdinances

Locating a Case with a CitationLocating a Case with a Citation

Citation is the Citation is the legal addresslegal address of a case, statute, or other legal of a case, statute, or other legal documentdocument

Canino v. New York NewsCanino v. New York News, 475 A.2d 528 (N.J. 1984), 475 A.2d 528 (N.J. 1984)

TitleTitle: : Canino v. New York NewsCanino v. New York News VolumeVolume: : 475475 PublicationPublication: : Atlantic 2d seriesAtlantic 2d series PagePage: : 528528 CourtCourt: : N.J. SupremeN.J. Supreme YearYear: : 19841984

Basic State Citation FormBasic State Citation Form

Long FormLong Form: : Smith v. Jones, Smith v. Jones, 342 Nev. 980, 456 P.2d 898 (1998)342 Nev. 980, 456 P.2d 898 (1998) Two addresses:Two addresses:

Official AddressOfficial Address (like a street address): (like a street address): ____ Official Publication ____ ____ Official Publication ____ VolumeVolume State Page State Page

Unofficial AddressUnofficial Address (like a post office box): (like a post office box): ____ Unofficial Publication ________ Unofficial Publication ____ VolumeVolume Region Page Region Page

Short FormShort Form: : Smith v. Jones, Smith v. Jones, 456 P.2d 898 (Nev. 1998)456 P.2d 898 (Nev. 1998)

Unofficial Address onlyUnofficial Address only:: ____ Unofficial Address _____ (State Year)____ Unofficial Address _____ (State Year) Volume RegionVolume Region Page Page

Basic Federal CitationBasic Federal Citation

U.S. Supreme CourtU.S. Supreme CourtTitleTitle, ___ U.S. ___, ___ S.Ct. ___, ___ L.Ed. ___ (Year), ___ U.S. ___, ___ S.Ct. ___, ___ L.Ed. ___ (Year)

U.S. Court of U.S. Court of AppealsAppeals

TitleTitle, ___ F.2d ___ (# Cir. Year), ___ F.2d ___ (# Cir. Year)

U.S. District CourtU.S. District Court Title, ___ Title, ___ F. SuppF. Supp. ___ . ___ (District Year)(District Year)

USSupreme

Court

US Circuit CourtCourt of Appeals

US District CourtTrial Court

How to Read a Case How to Read a Case Official ReportsOfficial Reports = = government publication of government publication of

opinionsopinions

Unofficial ReportersUnofficial Reporters = = private publishers of private publishers of opinionsopinions Duplicate of opinion from official reporterDuplicate of opinion from official reporter

PLUS “research helps”:PLUS “research helps”: Syllabus:Syllabus: Summary of caseSummary of case Headnotes:Headnotes: Summary of sections/subjects in opinionSummary of sections/subjects in opinion Key Numbers:Key Numbers: Topic research systemTopic research system Line of DemarcationLine of Demarcation:: Signals the beginning of the official Signals the beginning of the official

opinionopinion OpinionOpinion: : Decision of the courtDecision of the court

Unofficial Regional ReportersUnofficial Regional Reporters

1.6 1.6 Finding Statutes Finding Statutes with a Citation with a Citation

StatuteStatute = Law created by a = Law created by a legislaturelegislature Statutory Citation = Legal AddressStatutory Citation = Legal Address

42 U.S.C. §1204 (1984)42 U.S.C. §1204 (1984)

Title/Chapter: Title/Chapter: 4242 Publication:Publication: United States CodeUnited States Code §: §: SectionSection Year: Year: 19841984

How to Read a StatuteHow to Read a Statute

Official StatuteOfficial Statute provides only statute provides only statuteN.R.S. 42.510: Any private verbal or written communication between a husband N.R.S. 42.510: Any private verbal or written communication between a husband and wife is privileged, and a party possessing the privilege may not be required and wife is privileged, and a party possessing the privilege may not be required to testify and may prevent the spouse from testifying.to testify and may prevent the spouse from testifying.

Unofficial StatutesUnofficial Statutes provides statute provides statute PLUS:PLUS:

Interpretive Notes and Decisions, statutoryInterpretive Notes and Decisions, statutory history, history, etc.etc.

N.R.S. 42.510: Any private verbal or written communication between a husband N.R.S. 42.510: Any private verbal or written communication between a husband and wife is privileged, and a party possessing the privilege may not be required and wife is privileged, and a party possessing the privilege may not be required to testify and may prevent the spouse from testifying.to testify and may prevent the spouse from testifying.

Interpretive Decisions.Interpretive Decisions. Jones v. SmithJones v. Smith, 125 P.2d 254 (Nev. 1999) The spousal , 125 P.2d 254 (Nev. 1999) The spousal privilege protects communications between a husband to his wife regarding his use of privilege protects communications between a husband to his wife regarding his use of illegal drugs.illegal drugs.

Statute ExampleStatute Example

Reading a StatuteReading a Statute

Statute

Research Tools