Chapter 1 The Fundamentals of Authority

1. Chapter 1The Fundamentals of Authority Legal Analysis: The application of law to facts

2. The Fundamentals of Authority • Authority: • Anything the court can and must use in reaching its decision • 1. Is the authority law or non-law? • 2. Is the authority mandatory or persuasive?

3. Primary/Secondary Authority • Primary Authority • Any form of law (statute, case, constitution, etc.) • Secondary Authority • Non-law (legal encyclopedia, treatise) • Helps researcher find primary authority • Non-Authority • No longer law (reversed case, superceded statute)

4. Mandatory/Persuasive Authority • Mandatory Authority: • Opinions of a higher court in your jurisdiction • E.g., Nevada Supreme Court opinion is mandatory authority for Nevada Trial Court • Persuasive Authority: • Opinions from same level court or lower OR opinions of another jurisdiction • E.g., Federal Trial Court is persuasive authority for State Supreme or State Trial Court

5. State Courts Federal CourtsUnited States Supreme Court

6. Primary Authority • Primary Authority • Constitution • Statutes (legislature) • Opinions (courts) • Treaties • Executive Orders • Administrative Rules • Administrative Decisions • Rules of Court • Charters • Ordinances

7. Locating a Case with a Citation • Citation is the legal address of a case, statute, or other legal document • Canino v. New York News, 475 A.2d 528 (N.J. 1984) • Title: Canino v. New York News • Volume: 475 • Publication: Atlantic 2d series • Page: 528 • Court: N.J. Supreme • Year: 1984

8. Basic State Citation Form • Long Form: Smith v. Jones, 342 Nev. 980, 456 P.2d 898 (1998) • Two addresses: • Official Address (like a street address): • ____ Official Publication ____ • Volume State Page • Unofficial Address (like a post office box): • ____ Unofficial Publication ____ • Volume Region Page • Short Form: Smith v. Jones, 456 P.2d 898 (Nev. 1998) • Unofficial Address only: • ____ Unofficial Address _____ (State Year) • Volume Region Page

9. Basic Federal Citation • U.S. Supreme Court Title, ___ U.S. ___, ___ S.Ct. ___, ___ L.Ed. ___ (Year) • U.S. Court of Appeals Title, ___ F.2d ___ (# Cir. Year) • U.S. District Court Title, ___ F. Supp. ___ (District Year)

10. How to Read a Case • Official Reports = government publication of opinions • Unofficial Reporters = private publishers of opinions • Duplicate of opinion from official reporter • PLUS “research helps”: • Syllabus: Summary of case • Headnotes: Summary of sections/subjects in opinion • Key Numbers: Topic research system • Line of Demarcation: Signals the beginning of the official opinion • Opinion: Decision of the court

11. Unofficial Regional Reporters

12. 1.6 Finding Statutes with a Citation • Statute = Law created by a legislature • Statutory Citation = Legal Address • 42 U.S.C. §1204 (1984) • Title/Chapter: 42 • Publication: United States Code • §: Section • Year: 1984

13. How to Read a Statute • Official Statute provides only statute N.R.S. 42.510: Any private verbal or written communication between a husband and wife is privileged, and a party possessing the privilege may not be required to testify and may prevent the spouse from testifying. • Unofficial Statutes provides statute PLUS: • Interpretive Notes and Decisions, statutory history, etc. N.R.S. 42.510: Any private verbal or written communication between a husband and wife is privileged, and a party possessing the privilege may not be required to testify and may prevent the spouse from testifying. Interpretive Decisions.Jones v. Smith, 125 P.2d 254 (Nev. 1999) The spousal privilege protects communications between a husband to his wife regarding his use of illegal drugs.

14. Statute Example • Reading a Statute Statute Research Tools