Chapter Assignment – Week 1

Chapter 1

ASSIGNMENT 2
Describe the difference between a trial court and a court of appeals?

 A trial court is the court where the matter is heard and decided. In the trial court
testimony is heard, evidence is taken, and a decision is reached.
 A Court of appeals is a court that reviews the decision of a trial court or other lower
court to determine and correct any error that entitles the appellant to relief.

ASSIGNMENT 3
When is a court opinion considered precedent?

 A court opinion is president if there is a sufficiently similarity between the key facts
and rule of law or legal principle of the court's opinion and the matter before the
subsequent court.

ASSIGNMENT 4
Facts: The researcher is analyzing a problem involving the sale of goods on credit in state A.
Authority: The following authority has been located concerning the problem:
1. State A’s Uniform Commercial Code Act
2. State A’s Consumer Credit Act
3. State B’s Uniform Commercial Code Act
4. A federal statute – Consumer Credit Act
5. Iron v. Supply Co. – a decision of the highest court in state A
6. Milk v. Best Buy, Inc. – a decision of the highest court in state B
7. Control Co. v. Martin – a decision of an intermediary court of appeals in state A
8. Lesley v. Karl Co. – a decision of a trial court in state A
9. Irene v. City Co. – a federal case involving the federal Consumer Credit Act
10. Regulations adopted by state A’s Corporation Commission that apply to consumer credit
and the sale of goods
11. Restatements of the Law defining sales, consumer credit, and other terms related to the
problem
12. An ALR reference that directly addresses the issues in the case
Assume that all the cases are on point, that is, they are sufficiently similar to the facts and issues
involved in the problem to apply as precedent.
Questions
a. Which authority is primary authority, and which is secondary authority?

o Primary Authority in this case are #1, 2, 4, 5, 7, 8, 9, 10

o Secondary Authority in this case are #3, 6, 11-12

b. Which authority can be mandated authority? Why? What would be required for any of
the sources to be mandatory authority?

o Mandated Authority in this case are #1, 2, 4, 5, 7, 8, 9, 10

o It is considered Mandated Authority because they identify the laws that may
govern the question, they identify the elements of the law or statute, apply
the facts of the case to the elements, the court opinions are on point and the
court opinion has been issued by a higher court.
o Mandated Authority is any source that a court must rely on or follow in
reaching a decision (e.g., a decision of a higher Court in the jurisdiction on
the same or a similar issue). Primary Authority can be mandated authority
because courts are required to follow the law itself. As discussed earlier,
primary Authority is composed of enacted law and case law. Secondary
authority can never be mandated authority. A court is Never bound to follow
secondary authority because it is NOT the law. Not all primary Authority,
however, is mandated authority. Primary authority becomes mandatory only
when it governs the legal question or issue being mandated and decided by
the court.

c. Which authority can be persuasive authority? Why?

o Persuasive authority is any authority a court is not bound to consider or

follow but may consider or follow when reaching a decision. When
mandatory authority exists, the persuasive authority is not necessary,
although its use is not prohibited. Persuasive authority consists of both
primary authority and secondary authority.
o I believe the Persuasive authority in this case are #3, 6 and 7.
o Three is a State Code in another state, six is a court case in a different state,
and seven is a court case from a lower court.
 d. Assuming that all of the primary authority applies to the issues raised by the facts of the
client’s case, list the authority in the hierarchical order of its value as precedent; 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.

1. A federal statute – Consumer Credit Act

2. State A’s Uniform Commercial Code Act
3. State A’s Consumer Credit Act
4. Regulations adopted by state A’s Corporation Commission that apply to
consumer credit and the sale of goods
5. Irene v. City Co. – a federal case involving the federal Consumer Credit Act
6. Iron v. Supply Co. – a decision of the highest court in state A
7. Lesley v. Karl Co. – a decision of a trial court in state A
8. Control Co. v. Martin – a decision of an intermediary court of appeals in
state A
9. State B’s Uniform Commercial Code Act
10. Milk v. Best Buy, Inc. – a decision of the highest court in state B
11. Restatements of the Law defining sales, consumer credit, and other terms
related to the problem
12. An ALR reference that directly addresses the issues in the case

Chapter 2
ASSIGNMENT 3
Client’s Facts: The client is charged with burglary. He broke a window, entered his neighbor’s
garage, and took three cases of beer. The garage is a separate building located about six feet from
the neighbor’s house.
Rule of Law: Section 2397 of the state penal code defines burglary as the breaking and
entering of the dwelling house of another with the intent to commit a crime.
Case Law: In the case of State v. Nelson, the court ruled that “a dwelling includes
outbuildings close to but not physically connected with a dwelling house, if such buildings are
capable of being fenced in.”
Assignment: Based on the information presented in the problem, prepare a complete and
detailed analysis of the question of whether there is sufficient evidence to support a charge of
burglary.
Analysis

1. The issue

The client is charged with burglary. He broke a window, entered his neighbor’s garage, and took three
cases of beer. The garage is a separate building located about six feet from the neighbor’s house.

2. The Law

Rule of Law: Section 2397 of the state penal code defines burglary as the breaking and entering of the
dwelling house of another with the intent to commit a crime.

Case Law: In the case of State v. Nelson, the court ruled that “a dwelling includes outbuildings close to
but not physically connected with a dwelling house, if such buildings are capable of being fenced in.”

3. Applying the law to these facts

Since the garage was a mere 6 feet from the occupied dwelling based on the rule of law this at first
glance does not meet the requirements for burglary. However, with the case of State v. Nelson it
describes “a dwelling to include outbuildings close to but not physically connected with a dwelling
house, if such buildings are capable of being fenced in.” With this case law it opened up for outhouses,
garages, sheds and other non-connected buildings to be included in Rule of Law Section 2397.

4. Differences between these facts and facts of the cases that might lead to a different outcome.

There are some important differences between these facts and the Nelson case which might lead a
court to decide for the State and against the Defendant. If the law does not specify buildings that are
not attached, then at first glance it looks like the Defendant found a loophole and may be able to walk
on a technicality. However, strong case law in State v. Nelson allows for prosecution of Defendant’s that
break this rule and possibly in the near future a change to the actual law. A full investigation needs to be
completed to determine if a fence could be erected around the garage. If not, then we would stick to
the original Section 2397 and move for immediate dismissal.
ASSIGNMENT 4
Client’s Facts: The client is the president of an extremist group that believes that the followers
of Islam should be deported to Islamic countries. At their ceremonies, the organization members
burn a large replica of the Koran while singing anti-Islamic songs. The organization’s letterhead
and literature are embossed with a picture of a burning Koran being stepped on by a spiked boot.
The local library has books by members of the American Nazi Party, the American Communist
Party, and the Ku Klux Klan. The library refuses to include the organization’s literature among
its materials. The client claims this violates the organization’s constitutional rights.
The law firm handles cases involving the violation of constitutional rights.
Assignment: The researcher is assigned the task of identifying and analyzing the possible causes
of action that the client may have against the city library.
a. Discuss and describe in detail the steps you should be following when conducting the
legal analysis.

o Legal analysis process is a systematic approach to legal research and

Analysis. It is an organized approach that helps you develop research skills.
It makes legal research easier saves time, and helps develop research skills.
o The most common approach to legal analysis involves four-step process
commonly referred to as IRAC:
 STEP 1: Issue. The identification of the issue legal question or issues
raised by the facts of the client's case
 Step 2: Rule. The identification of the law that governs the issue
 Step 3: Analysis/Application. A determination of how the rule of law
applies to the issue
 STEP 4: Conclusion. A summary of the results of the legal analysis

b. Assume there are possible causes of action based on freedom of speech under the First
Amendment and equal protection under the Fourteenth Amendment. For each issue,
describe in detail each step of the analytical process.

 The First Amendment of the U.S. constitution prohibits the federal government from
making any law abridging the freedom of speech. This prohibition has been applied
to the states (and their political subdivisions such as cities) via the due process clause
of the Fourteenth Amendment. So generally courts look with disfavor on any law
which abridges the freedom of speech. "Speech" has been interpreted to include non-
verbal expression, so a book or magazine -- particularly one with a written word or
words on it would constitute speech. However, freedom of speech is not absolute.

 Courts have held that the first amendment does not protect people who use speech to
incite violence or cry "fire" in a crowded theater. Which appears to be the case
 here.In the Stover case the NY court of appeals held that hanging rags and
scarecrows on multiple clotheslines in the defendant's front yard to protest taxes was
not a form of speech protected by the First Amendment and that a city may prohibit
locating clotheslines in a front yard without violating the First Amendment. They
viewed this as "bizarre" behavior whose value lay in its form rather than its content.
Just as cities may reasonably regulate the time, place, and manner of parades or
speeches, they should arguably be able to reasonably regulate the "manner" of
communication such as books and articles inciting hate. However, considering that
the Library carried other forms of literature such as the KKK and the American Nazi
Party, it seems as that there is a clear case of discrimination here on the libraries part.

c. Discuss factors that may possibly affect a researcher’s objectivity and how those factors
could affect the legal analysis of the problem.

 If my beliefs differ greatly from the clients, then there is a possibility that I
(or the researcher) may not dig as deep as possible in the laws regarding this
case. The most thorough analysis may not be performed due to the
researchers own beliefs. It isn’t right but it happens.

Chapter 7

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