Legal Research and Writing – Week 1 Assignment

Primary Authorities

Use GALE LegalTrac or any reliable legal research tool to answer the following:

1. a. Give the name of the case located at 474 U.S. 254 (1986).

b. Review the quotation on page 265 of the case relating to stare decisis. In what way does stare decisis help the Court ensure that the law develops properly?

2. a. Give the name of the case located at 569 U.S. 184 (2013).

b. Who delivered the opinion of the Court?

c. Who dissented?

3. a. Give the name of the case at 567 U.S. 50 (2012).

b. Give the date the case was argued and the date the case was decided.

4. a. Give the name of the case at 555 U.S. 223 (2009).

b. Briefly describe the general topic of this case.

c. What was the holding in this case?

d. What was the “vote” in this case?

5. Locate and review the case published at 299 U.S. 259 (1936). What is an appellate court’s duty when it appears upon appeal that a controversy has become entirely moot?

6. Locate and review the case published at 706 F. Supp. 2d 380.

a. In which district court was this case decided?

b. Review the information on page 385 relating to diversity. What did the court say was required in order to obtain jurisdiction in a diversity case?

7. Locate and review the case published at 112 F.3d 1339.

a. In which circuit was this case decided?

b. Review footnote 14. What did the court say with regard to the requirement to research thoroughly?

8. What title of the United States Code relates to Mineral Lands and Mining?

9. Use either U.S.C.A. or U.S.C.S. and give the citation for the Jacob J. Javits Gifted and Talented Students Education Act of 2001.

10. Use U.S.C.A. or U.S.C.S. Which statute defines “passport” and how is this word defined?

11. Use U.S.C.A. or U.S.C.S. Give the citation for the statute(s) that generally relate to marine sanctuaries.

12. Use U.S.C.A. or U.S.C.S. What is the term or time of a design patent? Which statute governs this issue?

13. Use U.S.C.S. Give the citation to the statute that relates to the crime of murder or manslaughter by poisoning.

14. Under 11 U.S.C.S. § 343, generally, may a debtor invoke his Fifth Amendment privilege to refuse to answer questions during a creditors’ meeting?

15. Locate the statutes for California.

a. Which California statute imposes a duty on real estate brokers or salespersons to conduct a competent and diligent visual inspection of property offered for sale and to disclose material facts affecting the property?

b. Review the case annotations following the statute. Does the statute apply to commercial real estate transactions? Answer the question and cite a 1988 case that supports your answer. Give the case name only.

c. Review the statutes in this Article. If a broker breaches his or her duty, what is the statute of limitations to bring an action against that broker?

16. Give the name of the case located at 262 P.3d 581.

17. Review 153 P.3d 1049.

a. Give the name of the case.

b. Review the case synopsis or background. Briefly describe this case.

18. Review 553 S.E.2d 314.

a. Who was the attorney for the appellant in this case?

b. Which judges concurred? Give their full (first and last) names.

19. Review 850 N.E.2d.

a. Use the parallel citation tables. What are the parallel citations for 338 Ill. App. 3d 745?

20. Locate the case at 136 S. Ct. 1034.

a. Give the name of the case.

b. What type of jurisdiction did the U.S. Supreme Court exercise in this case?

View your assignment rubric.