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Assume that each of the following authorities is relevant to the issue
of whether Bob Vinson can invalidate the adoption and that you want to
cite all of them in your memorandum of law. In what order would you
cite them if you wanted to cite the most controlling first? Place them
in ascending order of mportance, starting with the most important.



a) An administrative regulation of a Missouri agency

b) A statute of the Missouri legislature

c) A statute of Congress

d) A Harvard Law Review article on parental consent to adoption

e) An opinion of the highest state couret in Missouri interpreting a
statute of the Missouri legislature

f) A provision of teh Missouri Constitution

g) A legal treatise on adoption written by a Missoui judge

h) An opinion of the highest state court in New York

i) A provision of the United States Constitution

2006-11-17 14:29:38 · 3 answers · asked by Hello 1 in Politics & Government Law & Ethics

3 answers

One of the critical issues in law school is reading carefully. And professors rarely include facts unless they're relevant. So - you have to read the full hypothetical, not just the snippet you gave us.
Why?

Before you can answer this question properly, you have to know which state's law is controlling (or, if somehow, you're operating under federal law, which is unlikely), and which court you're in. Further, if you're citing in a memorandum of law, your list is different than if you're citing the "most controlling" - which is too imprecise for law school, or a courtroom.

2006-11-17 14:54:39 · answer #1 · answered by Anonymous · 1 0

1. Provision of the US Constitution
2. Statute of Congress
3. Legal treatise on adoption written by a Missouri judge
4. Opinion of the highest state court in NY
5. Provision of the Missouri Constitution
6. Opinion of the highet state court in Missouri
7. Statute of Missouri legislature
8. Administrative regulation of Missouri agency

2006-11-17 14:35:23 · answer #2 · answered by FRAGINAL, JTM 7 · 0 2

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2016-11-25 01:49:11 · answer #3 · answered by ? 4 · 0 0

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