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Question - In what order would you cite the following authorities tif you wanted to cite the most controlling first? Place them in ascending order of importance starting with the most important.
>
>An administrative regulation of a Missouri agency
>
>A statute of the Missouri legisature
>
>A statute of Conree
>
>A Harvard Law Review article on parental consent to adoption
>
>An opinion of the highest state court in Missouri interpreting a statute of the Missouri legislature
>
>A provision of the Missouri Constitution
>
>A legal treatise on adoption written by a Missouri judge
>
>An opinion of the highest state court in New York
>
>A provision of the United States Constitution
>

2006-11-14 10:47:06 · 4 answers · asked by Hello 1 in Politics & Government Law & Ethics

4 answers

Federal trump state. State trumps local. Constitution trumps statute. Statute trumps case law.

So, from the top -- federal constitutional text, then US Supreme Court interpreting federal constitution, then federal statute, then other federal case law, then state constitution, etc....

As far as one state relative to another, neither is binding on the other.

2006-11-14 10:50:44 · answer #1 · answered by coragryph 7 · 0 0

Assuming you are in Missouri:

Last: An administrative regulation of a Missouri agency
>
First: A statute of the Missouri legisature
>
>A statute of Conree Where is Conree?
>
Never ... who cares? A Harvard Law Review article on parental consent to adoption
>
First or second: An opinion of the highest state court in Missouri interpreting a statute of the Missouri legislature
>
First, second or third: A provision of the Missouri Constitution
>
Who cares: A legal treatise on adoption written by a Missouri judge
>
Next to last: An opinion of the highest state court in New York
>
Fourth: A provision of the United States Constitution

2006-11-14 10:50:51 · answer #2 · answered by frogmaster 2 · 1 0

a million. Provision of the U. S. structure 2. Statute of Congress 3. criminal treatise on adoption written through a Missouri choose 4. Opinion of the optimal state court docket in ny 5. Provision of the Missouri structure 6. Opinion of the highet state court docket in Missouri 7. Statute of Missouri legislature 8. Administrative regulation of Missouri agency

2016-11-24 19:55:30 · answer #3 · answered by barreda 4 · 0 0

i'll go withthe first one

2006-11-14 10:58:57 · answer #4 · answered by roy40372 6 · 0 0

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