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Exercise 8

Hierarchy of Legal Authority

You are an American lawyer, attorney, preparing an appeal for your client who has been convicted of involuntary manslaughter (not intentional killing). You have a number of sources at your disposal. Rank them according to the priority of binding sources.

  • a recent law review article discussing trends in involuntary manslaughter punishments

  • a research book about involuntary manslaughter written by a famous law professor twenty years ago

  • a five-year-old state statute defining the elements of involuntary manslaughter

  • a case decided last year in the same jurisdiction and that is almost identical to your client’s case and in which the defendant was found not guilty

/ American Legal English, Debra S.Lee at al., University of Michigan Press, 2012/

Exercise 9

Represented below are examples of certain sources of common law. In order to study them closer do some tasks.

U.S. Constitution. Table of Contents

What do you think each of 1 - 3 Articles describe?

What provisions can be in the following Sections …. (your choice)?

Preamble

Article 1 - The Legislative Branch

Section 1 - The Legislature

Section 2 - The House

Section 3 - The Senate

Section 4 - Elections, Meetings

Section 5 - Membership, Rules, Journals, Adjournment

Section 6 - Compensation

Section 7 - Revenue Bills, Legislative Process, Presidential Veto

Section 8 - Powers of Congress

Section 9 - Limits on Congress

Section 10 - Powers Prohibited of States

Article 2 - The Executive Branch

Section 1 - The President

Section 2 - Civilian Power Over Military, Cabinet, Pardon Power, Appointments

Section 3 - State of the Union, Convening Congress

Section 4 - Disqualification Article

3 - The Judicial Branch

Section 1 - Judicial Powers

Section 2 - Trial by Jury, Original Jurisdiction, Jury Trials

Section 3 - Treason

Article 4 - The States

Section 1 - Each State to Honor all Others

Section 2 - State Citizens, Extradition

Section 3 - New States

Section 4 - Republican Government

Article 5 - Amendment

Article 6 - Debts, Supremacy, Oaths

Article 7 - Ratification

Signatories

Amendment

Act of Parliament

What can be the provisions of the Pensions Act and the Succession to the Crown Act?

Education Act 2011

Tuesday, November 29, 2011 3:00:00 AM

An Act to make provision about education, childcare, apprenticeships and training; to make provision about schools and the school workforce, institutions within the further education sector and Academies and for connected purposes.

Pensions Act 2011

Tuesday, November 08, 2011 3:00:00 AM

Succession to the Crown Act 2013

Wednesday, June 05, 2013 3:59:59 AM

Law Reporter. What kind of publication is the Connecticut Law Reporter?

The Connecticut Law Reporter is a weekly publication that provides brief digests of significant judicial opinions from the following courts:

  • The Connecticut Supreme Court (the highest court of Connecticut)

  • The Connecticut Appellate Court (the intermediate appellate court between the Supreme Court and the Superior Courts)

  • The Connecticut Superior Courts (the trial courts of Connecticut from which appeals are taken to the Appellate Court and the Supreme Court)

Each weekly issue of The Connecticut Law Reporter contains digests of the opinions from the courts described above, organized by area of practice.

Copies of opinions from the other courts can be obtained by fax or mail at a nominal charge by calling the Law Reporter at 203-458-8000.

Portland Code of Ordinances

City of Portland, Maine Code of Ordinances last updated July, 2003.

What is the purpose of this code of ordinances? What does it regulate?

City Charter

Chapter 1 General Provisions

Chapter 2 Administration

Chapter 3 Alcoholic Beverages

Chapter 4 Amusements

Chapter 5 Animals and Fowl

Chapter 6 Buildings and Building Regulations

Chapter 12 Garbage, Wastes and Junk

Chapter 13 General Assistance

Chapter 13.5 Human Rights

Chapter 14 Land Use

Chapter 15 Licenses and Permits

Chapter 18 Parks, Recreation and Public Building

Chapter 20 Police

Chapter 21 Public Markets

Chapter 25 Streets, Sidewalks And Other Public Places

Chapter 26 Swimming Pools

Chapter 27 Broadband Telecommunications Network

Chapter 28 Traffic And Motor Vehicles

Chapter 29 Vegetation

Chapter 30 Vehicles For Hire

Chapter 31 Scrap Metal Recycling Facilities

Chapter 32 Storm Water

Law Review

This source is used only by the students and does not have any binding power.

Harvard Law Review

Volume 126 · April 2013 · Number 6

ARTICLE

The Problem of Resource Access

Lee Anne Fennell

BOOK REVIEW

Not Unwritten, After All?

David A. Strauss

DEVELOPMENTS IN THE LAW

Developments in the Law — Immigrant Rights & Immigration Enforcement

RECENT CASES

D.C. Circuit Interprets Military Commissions Act of 2006 to Bar Retroactive Application of Material Support Prohibition. — Hamdan v. United States, 696 F.3d 1238 (D.C. Cir. 2012).

D.C. Circuit Dismisses Suit Against National Port Authority of Liberia for Lack of Personal Jurisdiction. — GSS Group Ltd. v. National Port Authority, 680 F.3d 805 (D.C. Cir. 2012)