Description
Questions 1?5 give examples of different legal authorities. Determine whether the materials are primary or secondary authorities.
Number each answer and identify each source as primary authority or secondary authority. (No additional explanation required.)
1. The 5th Amendment to the U.S. Constitution.
2. An article on lethal injection in the legal encyclopedia, American Jurisprudence, 2d.
3. Section 3592 of Title 18 of the United States Code (18 U.S.C. § 3592), a U.S. federal statute.
4. Lyle Dennistons 2016 article, Court reopens race and death penalty issues on SCOTUSBlog.com.
5. Oken v. State, 835 A.2d 1105 (Md. 2003), a court opinion issued by the Maryland Court of Appeals.
Questions 6?17 list court opinions Martinez is reviewing for two LCA clients, Mr. Adams and Ms. Young. Martinez asks you to determine whether each opinion is probably mandatory or definitely persuasive authority.
Number each answer and clearly identify each opinion as mandatory (i.e. binding) or persuasive in the provided scenarios. Next, draw on what you learned from this week’s Read/Watch materials and explain each of your answers using complete sentences. TIP: Under the Rule of stare decisis, a court opinion cannot be mandatory unless it comes from a higher court in the same judicial system. Address both parts of the rule in your explanations.
Mr. Adams is being tried in the U.S. District Court for the District of Maryland, a federal trial court. The issue being researched only concerns U.S. federal law. The court opinions listed in Questions 6 through 10 are published and relevant to Adams case.
6. An opinion from the U.S. Supreme Court.
7. An opinion from the U.S. Court of Appeals for the Third Circuit.
8. An opinion from the U.S. Court of Appeals for the Fourth Circuit.
9. An opinion from the U.S. District Court for the Eastern District of Virginia.
10. An opinion from the Maryland Court of Appeals.
Ms. Young is being tried in the Circuit Court for Baltimore County, Maryland, a state trial court. The issue being researched only concerns Maryland state law. The court opinions listed in Questions 11 through 15 are published and relevant to Young’s case.
11. An opinion from the U.S. Supreme Court.
12. An opinion from the U.S. Court of Appeals for the Third Circuit.
13. An opinion from the U.S. Court of Appeals for the Fourth Circuit.
14. An opinion from the U.S. District Court for the Eastern District of Virginia.
15. An opinion from the Maryland Court of Appeals.
Ms. Young lost at trial, and her appeal is being heard in the Maryland Court of Special Appeals. The issue on appeal only concerns Maryland state law. The court opinions listed in Questions 16 and 17 are published and relevant to Young’s case.
16. An opinion from the Maryland Court of Appeals.
17. An opinion from the U.S. Supreme Court.
