The document outlines the different legal systems in the United States including federal, state, and local laws. It discusses the hierarchy of legal authority, noting that federal law is primary over state law, which is primary over local law. The document also covers two considerations in determining legal authority: the source of the authority and the weight of the authority. Finally, it lists the six steps to legal research: identify and analyze facts, classify legal issues, research the issues, analyze and prioritize sources, validate and update findings, and stop researching.
The document outlines the different legal systems in the United States including federal, state, and local laws. It discusses the hierarchy of legal authority, noting that federal law is primary over state law, which is primary over local law. The document also covers two considerations in determining legal authority: the source of the authority and the weight of the authority. Finally, it lists the six steps to legal research: identify and analyze facts, classify legal issues, research the issues, analyze and prioritize sources, validate and update findings, and stop researching.
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The document outlines the different legal systems in the United States including federal, state, and local laws. It discusses the hierarchy of legal authority, noting that federal law is primary over state law, which is primary over local law. The document also covers two considerations in determining legal authority: the source of the authority and the weight of the authority. Finally, it lists the six steps to legal research: identify and analyze facts, classify legal issues, research the issues, analyze and prioritize sources, validate and update findings, and stop researching.
Copyright:
Attribution Non-Commercial (BY-NC)
Available Formats
Download as DOC, PDF, TXT or read online from Scribd
Constitution U.S. Const. Cal. Const. Charter (statutory/local law)
Statutory Fed. Session Cal Sessions/ County & City
Law Laws / Cal Codes Ordinances U.S. Code
Admin- Federal Cal. Regulations Dept./Agency rules
istrative Regulations
Cases U.S. Supreme Cal Supreme local / dept. / agency
Courts / Courts / U.S. Appeals Courts of Appeal District District
Class Topic
Hierarchy & Organization
(weight of legal authority)
Two (2) Considerations in legal authority
(1) Source of authority
a. Primary – government entity b. Secondary – private source (2) Weight of authority a. Mandatory – regulations, codes, rules b. Persuasive – restatements, treatises/loose leaf, legal articles, etc i. Example: Witkins cont’d… Legal Research steps:
(1) I.D. / Analyze Facts ⇒ T.A.R.P.
(2) Classification of legal issues (3) Research Issue(s) (4) Analyze & Prioritize (5) Validate / Update (6) Stop