Multiple Choice
Identify the
choice that best completes the statement or answers the question.
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1.
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Authority is:
a. | anything the lawyer wants to quote | b. | anything the court can or must use in reaching its decision | c. | anything the client wants it to be |
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2.
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Primary authority is:
a. | law | b. | non-law | c. | not
quotable |
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3.
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Secondary authority is:
a. | law | b. | non-law | c. | not
quotable |
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4.
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Mandatory authority is:
a. | anything the court must follow | b. | anything the court may follow | c. | not
quotable |
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5.
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Persuasive authority is:
a. | anything the court must follow | b. | anything the court may follow | c. | not
quotable |
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6.
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Mandatory authority:
a. | must be from a higher authority than the court the client is
in | b. | must be from the same level authority or higher than the client
is in | c. | must be from the same level authority that the client is in or
lower |
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7.
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Persuasive authority:
a. | must be from a higher authority than the court the client is
in | b. | must be from the same level authority that the client is in or
lower | c. |
must be from the same level authority or higher than the client
is in |
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8.
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Assuming your attorney is arguing a matter in the highest
court in your state, what kind of authority would the following case be: Smith v. Jones, 452
So.2d 783 (Ala. 1975)
a. | primary/mandatory | b. | primary/persuasive | c. | non-authority |
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9.
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Assuming your attorney is arguing a matter in the highest
court in your state, what kind of authority would the following case be: Franks v. Hayes, 694 F.2d 1203 (9th Cir. 1990)
a. | primary/mandatory | b. | primary/persuasive | c. | non-authority |
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10.
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Assuming your attorney is arguing a matter in the highest
court in your state, what kind of authority would the following case be: Franks v. Hayes, 462
U.S. 954 (1995)
a. | primary/mandatory | b. | primary/persuasive | c. | non-authority |
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