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;
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