Chapter 1 The Research Process and Legal Analysis Flashcards
What is the difference between primary and secondary authority?
Primary authority is law produced by government entities with law-making authority. Secondary authority is a source that explains primary authority or helps a legal researcher find it.
Why is secondary authority never mandatory?
Secondary authority is never mandatory because it is not created by government entities with law-making authority.
What is an example of primary persuasive authority and why does the resource fall into this category?
An example of a primary persuasive authority is a judicial opinion from another jurisdiction. The judicial opinion is primary because it was created by a court with law-making authority, but it is persuasive because it is not from a court in the governing jurisdiction.
What is precedent?
Precedent is an earlier relevant judicial opinion.
What is the doctrine of stare decisis?
The doctrine of stare decisis requires a court apply existing precedent from that court and any existing precedent from a higher-level court in the same jurisdiction.
What role does precedent play in the doctrine of stare decisis?
Precedent plays a central role in the doctrine of stare decisis because it is earlier precedent from certain courts that a current court must apply.
On an issue of Michigan state law, which court’s relevant decisions must a Michigan circuit court follow?
On an issue of Michigan state law, a Michigan circuit court must follow relevant decisions from the Michigan Court of Appeals and the Michigan Supreme Court.
Is the United States District Court a federal or state trial court?
The United States District Court is a federal trial court.
In Michigan, is there an automatic right of appeal to the Michigan Supreme Court?
No. A party must petition the Michigan Supreme Court to hear its appeal.
Explain how a judicial opinion may shrink or grow over time.
A judicial opinion may shrink when later courts discuss it and narrow its holding, stating, for example, that it does not apply to the current fact scenario. A judicial opinion may grow when later courts continuously apply it to new situations.
List the hierarchy of legal authority discussed in this chapter.
The hierarchy is constitutions, statutes, administrative regulations, court rules, and then judicial opinions.
