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Instructions
Identifying primary and secondary sources is crucial for effective research. Primary sources dictate what the applicable law is in a case, and mandatory sources must be used in the jurisdiction where the issue is being addressed. Nonetheless, a primary source in another jurisdiction might persuade a judge to make a particular decision in cases where there are no primary sources, or in cases where a change in precedent could be warranted. Secondary sources merely explain primary sources.
Part 1:
For this week’s assignment you will be evaluating legal sources. Please answer the questions below using the following fact patterns.
Our client was recently shopping at a local grocery store. Unfortunately when the client walked outside after finishing shopping they slipped and fell in the store’s parking lot. The grocery store is located in the State of Indiana. Your supervisor has provided you with the following sources to evaluate the issue. Please use the 10 sources below to answer the following questions.
• A statute from the State of Indiana on contributory negligence
• A case from the Florida Supreme Court on slip and falls
• A case from the Indiana Court of Appeals on negligence
• An A.L.R. article on slip and fall law in the United States
• A case from the Indiana Supreme Court defining the elements of negligence
• A case from the Illinois Supreme Court discussing damages in negligence cases
• A law review article on Indiana slip and fall case law
• A section from the Indiana Administrative Code on parking lot safety
• A section from American jurisprudence 4th edition that explains negligence
• The Indiana Constitution
1. Which if these sources are primary sources? Please list them and explain what makes a source a primary source?
2. Which of these sources are secondary sources? Please list them and explain what makes a source a secondary source and when a secondary source should be used?
3. Which sources are mandatory for this fact pattern? Please explain why?
4. Which sources could be used as persuasive for this fact pattern? Please explain why?
Please make sure that each question is answered in at least 1 paragraph (4-6 sentences).
Fact Pattern 2:
The XYZ surgery center entered into a contract with a local linen company to provide them with linens for their surgical suites and also uniforms for their staff. The linen company has been consistently late in its deliveries recently and it is beginning to affect the surgical patients. Without the proper linens, XYZ is having to reschedule procedures. You have been asked to review some sources regarding contracts. The contract was entered into in the State of California. Both companies are also from California. Please use the following 10 sources to answer the questions below.
• A case from the California Court of Appeals defining when a contract is created
• A case from the Court of Appeals in Minnesota discussing contractual elements
• A California statute on defining the elements of a contract
• A law review article on the UCC
• An A.L.R. article on agreements
• A regulation on contracts between companies from the California Administrative Code
• A case from the Supreme Court of Indiana on contracts
• A case on negligence from the California Supreme Court
• A provision from the Florida Constitution
• A Legal Encyclopedia section entitled Contracts Law
1. Which if these sources are primary sources? Please list them and explain what makes a source a primary source?
2. Which of these sources are secondary sources? Please list them and explain what makes a source a secondary source and when a secondary source should be used?
3. Which sources are mandatory for this fact pattern? Please explain why?
4. Which sources could be used as persuasive for this fact pattern? Please explain why?
** Please make sure that each question is answered in at least 1 paragraph (4-6 sentences).
Part 2:
Please describe the court system in your state (State of Virginia). Answer the following questions.
• How is the court system in your state organized? What are the names of the courts? Where can you find the published cases from your state? Put the courts in order from the bottom to the top.
Your assignment must have a title page in APA format.
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