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1. Describe the difference between a trial court and a court of appeals?

Answer:

The difference between trial court and court of appeals are explained as follows

 A court where matters are heard and in turn decided is known as the trial court. In

the process of the same, testimonies are heard along with associated evidences

submitted which leads to the final decision.

 The decisions of the trial court or any other lower court are reviewed in the court of

appeals. This is done to determine that the lower courts have taken the right decision

pertaining to a case and in turn correct any form of errors that could help the

appellant get justice.

2. When a court opinion is considered precedent?

Answer:

When there are enough similarities found between the rule of law or in other words

legal principle of the opinions of the court with that of matter which is placed before

the subsequent court, then court opinion is considered precedent.

3. Define the term enacted law. What makes up enacted law?

Answer:

Enacted Law: The making of law by an authoritative action is called enacted law. Let us

take an example; in 1945 a statute was enacted. This is to say, the enacted of a bill into

a law occurs when it contains the signature of the Governor and in turn brings it to

effect immediately. In statutes when enact is used it could also mean to provide.
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When it is said Congress is about to enact a new statute it only means they are about to

make it into a law. Literally speaking, enact means to perform. Thus, the word itself

implies something “to do”.

4. Assume you are in the Court set forth in Column A. What Court(s) are binding in

Column B? There could be multiple Courts. Assume the Court in Column A is hearing

a matter within its jurisdiction. Therefore, a state court is deciding a state issue and a

federal court is deciding a federal issue.

Column A Column B

1. 1st Circuit Court of Appeals A. 9th Circuit Court of Appeals

2. Arizona Court of Appeals B. United States Supreme Court

3. California District Court C. 2nd Circuit Court of Appeals

4. Arizona Superior/Trial Court D. 1st Circuit Court of Appeals

5. Maine District Court E. Arizona Court of Appeals

6. 2nd Circuit Court of Appeals F. Arizona Supreme Court

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5. Complete Assignment 4(a-d), page 23-24, in your textbook.

Facts: The researcher is analysing a problem involving the sale of goods on credit in

state A, which contains a federal issue.

Authority: The following authority has been located concerning the problem:

1. State A’s Uniform Commercial Code Act

2. State A’s Consumer Credit Act

3. State B’s Uniform Commercial Code Act

4. A federal statute- Consumer Credit Act

5. Iron v. Supply Co.- a decision of the highest court in state A

6. Milk v. Best Buy, Inc.- a decision of the highest court in state B

7. Control Co. v. Martin- a decision of an intermediary court in state A

8. Lesley v. Karl Co. – a decision of a trial court in State A

9. Irene v. City of Co.- a federal case involving the federal Consumer Credit Act

10. Regulations adopted by state A’s Corporation Commission that apply to consumer

credit and the sale of goods

11. Restatements of the Law defining sales, consumer credit, and other terms related

to the problem

12. An ALR reference that directly addresses the issues in the case

Assume that all cases are on point, that is, they are sufficiently similar to the facts and

issues involved in the problem to apply as precedent.

Questions:

a. Which authority is primary authority, and which is secondary authority?

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b. Which authority can be mandatory authority? Why? What would be required for any of

the sources to be mandatory authority? Make sure to include all authority that is

mandatory.

c. Which authority can be persuasive authority? Why? Make sure to include all authority

that is persuasive.

d. Assuming that all the primary authority applies to the issues raised by the facts of the

client’s case, list the authority in the hierarchical order of its value as precedent; that is,

authority with greatest authoritative value will be listed first, followed by other

authority in the order it will be looked to by the court.

a. Answer

 #1, 2, 4, 5, 7, 8, 9, 10 are primary authority case.

 #3, 6, 11-12 are secondary authority case.

b. Answer

 #1, 2, 4, 5, 7, 8, 9, 10 got mandated authority.

 Mandatory Authority is considered in this case because the laws that governs the

question is identified here. At the same time, the elements of the statutes or the laws

are also identified here. The higher court in this case, have applied the elements of

the case, the opinions of the court are also on point along with the opinions of the

same.

 The source which the court has to rely on or follow up on before reaching a decision

is called a mandated authority. An example of the same could be the high court’s

decision in the jurisdiction on a similar issue that is in question. At the same time,

mandated authority could also be primary authority that is because it is necessary

for every court to follow the law. It has already been stated, both enacted law as
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well as case law are part of the primary authority. Secondary authority is never to be

considered mandated authority. A secondary authority is never a law and therefore,

a court is not required to follow it. It is also important to note, that not all forms of

primary authority are to be considered as mandated authority. The former can only

become mandatory when it involves the governance of the legal question n or in

other words, the issue in question is being mandated and decision has been taken by

the concern court.

c. Answer

 Any authority that does not bound the court to follow or consider but can be taken

into due consideration if the court feels the need to is called persuasive authority. If

mandatory authority is in existence, then there is no necessity for persuasive

authority but the court is free to use it. Both primary and secondary authorities are

part of persuasive authority.

 #3, 6 and 7 are the persuasive authorities in this case.

 State Code is present in another state, 6 will be the court case in a different state,

and in turn 7 is a court case from a lower court.

d. Answer

 A federal statute – Consumer Credit Act

 State A’s Uniform Commercial Code Act

 State A’s Consumer Credit Act

 Regulations adopted by state A’s Corporation Commission that apply to consumer

credit and the sale of goods

 Irene v. City Co. – a federal case involving the federal Consumer Credit Act

 Iron v. Supply Co. – a decision of the highest court in state A

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 Lesley v. Karl Co. – a decision of a trial court in state A

 Control Co. v. Martin – a decision of an intermediary court of appeals in state A

 State B’s Uniform Commercial Code Act

 Milk v. Best Buy, Inc. – a decision of the highest court in state B

 Restatements of the Law defining sales, consumer credit, and other terms related to

the problem

 An ALR reference that directly addresses the issues in the case

6. What is the name of the court of general jurisdiction in your state? What is the name of

a limited jurisdiction court in your state? What is the subject matter jurisdiction of this

court? This information is available in your state statutes.

Circuit court is the name of the court of general jurisdiction in our state. Appellate

Courts are the name of a limited jurisdiction court in our state. Subject matter

jurisdiction of appellate courts has cases moved up from a lower court when the parties

are not satisfied with the lower court decision regarding any cases. Yes, this information

is available in our state statutes.