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examples of primary authority, determine whether the authorities are mandatory o

ID: 465348 • Letter: E

Question

examples of primary authority, determine whether the authorities are mandatory or persuasive (assume the each authority is on point):

1. An opinion from the Supreme Court of Alabama for use in a Texas trial court case.

2. An opinion from a Louisiana Supreme Court opinion for use in a Louisiana trial court case.

3. The U.S. Constitution for use in a California intermediate appeals court case.

4. An opinion from the Tax Reporter for use in a U.S District Court case.

5. An opinion from an agency hearing for use in a U.S. Supreme Court case.

6. An opinion from the Colorado Supreme Court for use in a Nevada Supreme Court case.

7. A provision of the Georgia Code for use in a Georgia trial court case.

8. An Amendment to the Washington Constitution for use in an Oregon appeals court case.

9. An opinion from a Texas appeals court for use in a Texas Supreme Court case.

10. An opinion from the 10th Circuit Court of appeals for use in a Fifth Circuit Court of Appeals case.

11. An opinion from a U.S District Court for use in a Nebraska trial court case.

12. An opinion from the Oklahoma Supreme Court for use in an Oklahoma trial court case.

13. A provision of the United States Code for use in a North Carolina trial court case.

14. A U.S. Supreme Court opinion for use in a U.S Supreme Court case.

15. An opinion from the Bankruptcy Reporter for use in a North Dakota trial court.

Explanation / Answer

1. An opinion from the Supreme Court of Alabama for use in a Texas trial court case. Persuasive. the case on point is from a different jurisdiction

2. An opinion from a Louisiana Supreme Court opinion for use in a Louisiana trial court case. Mandatory. the case on point is from a higher court in the same jurisdiction

3. The U.S. Constitution for use in a California intermediate appeals court case. Mandatory, It’s a constitutional provision, hence applicable and controlling.

4. An opinion from the Tax Reporter for use in a U.S District Court case. Persuasive, it is not a statute or legislation or constitutional provision.