1 / 8

Chapter 4 Citing Authority

Chapter 4 Citing Authority. Mandatory Authority = Valid law from higher authority Persuasive Authority = Valid law not from higher authority. State Courts Federal Courts United States Supreme Court. HEATHERRIDGE MANAGEMENT COMPANY v. BENSON Colo. 435

stuart-hinton
Télécharger la présentation

Chapter 4 Citing Authority

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Chapter 4Citing Authority Mandatory Authority = Valid law from higher authority Persuasive Authority = Valid law not from higher authority

  2. State Courts Federal CourtsUnited States Supreme Court

  3. HEATHERRIDGE MANAGEMENT COMPANY v. BENSON Colo. 435 Cite as, Colo. 558 P.2d 435 HEATHERRIDGE MANAGEMENT COMPANY, Petitioner, v. Patrick BENSON, Respondent. No. C-756 Supreme Court of Colorado En Banc. Dec. 6, 1976 Rehearing Denied Jan. 24, 1977. Tenant brought action seeking recovery of security deposit, treble damages, and attorneys’ fees from landlord who alledegedly wrongfully withheld security deposit. The evidence supported a finding that the landlord’s leasing agent released tenant from last two months of his lease obligation and had apparent authority to do so. Affirmed. Cite as: Heatherridge Management Co. v. Benson, 558 P.2d 435 (Colo. 1976) 1. Check above the caption for parallel citations 230 Neb. 842 SECURITY STATE BANK, A Nebraska Banking Banking Corporation, Appellant, v. Raymond L. GUGELMAN, Appellee. 2. If no parallel citation, Shepardize 3. Citation form in publication may be incorrect 4. Title = capitalized letters of case Real World Citations

  4. Alcorn v.Smith, 781 F.2d 58 (6th Cir. 1986)

  5. Pinpoint Citations • Pinpointing = locating quote within case Smith v. Jones, 930 F.2d 308 (8th Cir. 1998) Pinpoint: Smith v. Jones, 930 F.2d 308, 315 (8th Cir. 1998) Quote is found on page 315 of volume 930 of Federal Reporter, 2d series

  6. Pinpoint this case to 67: Alcorn v. Smith, 781 F.2d 58, 67 (6th Cir. 1986)

  7. Parallel Pinpoint In re Jones, 98 Nev. 113, 351 P.2d 714 (1979) Pinpoint Citation: In re Jones, 98 Nev. 113, 115, 351 P.2d 714, 717 (1979) • Supra Used for cases fully cited above in text In Smith v. Jones, 584 F.2d 431 (4th Cir. 1989), the court held: … the court cannot provide relief when the Plaintiff fails to state ca claim upon which relief can be granted. Smith, supra. at 436. OR 584 F.2d at 436 OR Id. at 436

  8. Star PaginationProvides parallel pagination cite*115*[115][343 U.S. 115]Indicates where page begins in official publicationOfficial Publication Unofficial Publication

More Related