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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 14:33:49 · 1 answers · asked by Hello 1 in Politics & Government Other - Politics & Government

1 answers

I'm not sure if you mean what order would be most persuasive, or what order I would rank their importance. For example the Harvard Law Review article would certainly be useful in a good presentation and would probably feature prominantly, but in terms of where I'd place it in terms of deciding my position it would be clear at the bottom of the list.

The provision in the US Constitution is probably the most fundamental either way as that's the cornerstone for all civil power, then either the peices with the most persuasive force (the articles and opinions of the qualified persons listed) or the state level decisions, then court rulings, then comments made by those from outside the state in order of relevance (or insight and persuasiveness).

Granted this question is near to being comletely out of my depth. That's my best stab at it, but if it seems like I'm floundering a bit--well its a pretty sophisticated question and I'm fairly untrained. Anyway I hope its of some help.

2006-11-20 22:50:35 · answer #1 · answered by Grimcleaver 2 · 0 0

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