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| hieracrchy of authorities |
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Definition
| a system in which legal authorities such as court decisions statutes administrative rules and decisions and constitutions are ranked according to the effect they have in controlling the law of a governing body |
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| when a court addresses an issue that is not directly presented by the parties |
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| the authority generated by a government body |
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| digests citators, updaters, annotated statutes |
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| legal encyclopedias, american law reports, law reviews |
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| court decisions, statutes, constitutions |
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| hybrid sources of authority |
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| contains all three kinds of authorities |
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| the use of non legal sources when in a motion or a brief |
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| with whom are you speaking? determines the kind of words and tone you use |
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| organize your ideas, write down your issues and facts then insert your research where it pertains |
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| finding your purpose and audience |
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| is your document intended to inform or persuade |
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| one of the most important steps. continuously re read and eliminate unneccesary words until you can no longer do so |
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| choice of words when writing |
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| verbs that exactly describe the action taken |
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| when verbs are turned into nouns |
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| when the subject of the sentence is doing the action of the verb (harold hit a home run) |
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| subject of the sentence is being acted on (a home run was hit by harold) |
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| citation, procedural history, facts, issue, holding , reasoning, dicta |
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