Exercises
4. A federal statute-Consumer Credit Act
SIGNMENT 1
nswer the following questions regarding the courts
apparently ac
destroyed, however,
pensation claim was
Authority
You have located the
is directly related to
the client's case:
1. Idle v. City Co.
est court of stat
a cause of action
destruction of b
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
your
state:
1. Are there limited jurisdiction courts in your state?
a. Name those courts.
b. What types of cases can each of those courts
preside over?
2. What is the general jurisdiction court in your state?
a. How are those courts organized—by
county, district, etc.?
b. Does that court have appellate jurisdiction
over cases from any limited jurisdiction courts?
3. What are the appellate jurisdiction courts in
?
a. Is there an intermediate appellate court?
What is it called and is it a single court or
are there multiple divisions?
b. What is the highest appellate court?
ASSIGNMENT 2
ruled that a cau:
were destroyed i
workers' compe
The court also h
exists if the desti
negligent.
2. A 2004 state AS
legislature of stat
action in tort for
of business record
cause of action ex
in anticipation of
your state?
Describe the differences between a trial court and a
court of appeals.
ASSIGNMENT 3
When is a court opinion considered precedent?
ASSIGNMENT 4
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?
b. Which authority can be mandatory authority
?
Why? What would be required for
any
sources to be mandatory authority?
c. Which authority can be persuasive authority?
Why?
d. Assuming that all 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;
sation claim is pe
3. Merrick v. Taylor-
court of appeals
appeals is a lower
court. The court
tional, within the
ute, includes eithe
of the
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
Chapter 1 / Introduction to Legal Principles and Authorities
2
page and the
nation, how to
that is, authority with greatest
authoritative
value will be listed first, followed by other
authority in the order it will be looked to by
court
of records or the destruction of records as a
result of gross negligence.
4. Davees v. Contractor—a decision of the highest
of state B interpreting a state B statute
identical to the 2004 state A statute. The
court held that the term intentional, as used
in the statute, includes gross negligence only
when the gross negligence is accompanied by a
“reckless and wanton” disregard for the preser-
vation of the business records.
Osys (Federal
federal
the court.
ASSIGNMENT 5
Facts
Your client is the plaintiff in a workers' compensation
case. She was injured in 2008 in state A. In 2010,
her employer destroyed all the business records relat-
ing to the client. The destruction of the records was
apparently accidental, not intentional. They were
destroyed, however, while the client's workers' com-
pensation claim was pending,
Authority
You have located the following authority, all of which
is directly related to the issues raised by the facts of
5. A 2006 federal statute the statute is identical
to the 2004 state statute but applies only to
contractors with federal contracts.
r
Credit Act
6. An ALR reference—addresses specific ques-
tions similar to those raised in the client's case.
n of the highest
Questions
sion of the
cion of an
in state A
fa trial court
involving the
Corporation
a. Which authority is primary authority, and
which is secondary authority? Why?
b. Which authority can be mandatory authority?
Why? What would be required for any of the
sources to be mandatory authority?
c. Which authority can be persuasive authority?
Why?
d. Can Idle v. City Co. be authority at all? Why
or why not?
e. If Idle v. City Co. is authority, to what extent?
f. Discuss the impact of Merrick v. Taylor in
regard to the 2004 state A statute.
g. Discuss the authoritative value of Davees v.
Contractor.
mer credit
ales,
related to
the client's case:
1. Idle v. City Co.—a 1995 decision by the high-
est court of state A in which the court created
a cause of action in tort for the wrongful
destruction of business records. The court
ruled that a cause of action exists if the records
were destroyed in anticipation of or while a
workers' compensation claim was pending.
The court also held that a cause of action
exists if the destruction was intentional or
negligent.
2. A 2004 state A statute—a law passed by the
legislature of state A that created a cause of
action in tort for the intentional destruction
of business records. The statute provides that a
cause of action exists if the destruction occurs
in anticipation of or while a workers' compen-
sation claim is pending.
3. Merrick v. Taylor-a 2005 decision of the
court of appeals of state A. The court of
appeals is a lower court than the state's highest
court. The court held that the term inten-
tional, within the meaning of the 2004 stat-
ute, includes either the intentional destruction
dresses the
t is, they are
volved in the
h. Assuming that all the primary authority
applies to the issues raised by the facts of the
client's case, list the authority in the hierar-
chical 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 and relied on by
y,
and
the court.
uthority?
y of the
thority?
y
of the
ent;
Purchase answer to see full
attachment