Types of authority: primary, secondary, mandatory, persuasive
Not what you're looking for?
Five months ago your client moved to a city in Alabama from a different state. She wishes to run for city council. Your research reveals that neither does the city have an ordinance defining residency or the requirements necessary to establish residency, nor does Alabama have a statue addressing the residence requirements for municipal elections. I have, however, located the following authority.
1. A 1998 Alabama state statue which provides that a candidate for state supreme court judge must have reside in the state three years prior to the election.
2.A 2000 Georgia state statue which states that individuals running for any county or municipal office must have resided in the county or municipality for six months.
3.Resin v. City. A Georgia state Supreme Court decision holding that a person running for any municipal position must reside in the municipality for six months.
4. American Jurisprudence Second section, which provides that most states have a three months residency requirement for the purposes of eligibility to run for municipal positions.
Can you help me answer the following:
Which authority is primary authority and which is secondary authority?
Which, if any, of the authority is mandatory authority and why?
Which authority can be persuasive authority an why?
Purchase this Solution
Solution Summary
The types of authority for primary, secondary, mandatory and persuasive are given.
Solution Preview
Five months ago your client moved to a city in Alabama from a different state. She wishes to run for city council. Your research reveals that neither does the city have an ordinance defining residency or the requirements necessary to establish residency, nor does Alabama have a statue addressing the residence requirements for municipal elections. I have, however, located the following authority.
1. A 1998 Alabama state statue which provides that a candidate for state supreme court judge must have reside in the state three years ...
Education
- Associates of Arts , Lone Star Community College
- Bachelor of Science , Sam Houston State University
- Masters of Science, Kaplan University
- Masters of Science , Kaplan University
Recent Feedback
- "Thank you however I have two questions: 1.) where in this passage is the actual problem statement? 2.) if you used references can you please provide them? This is great work and I am so grateful. "
- "Thank you very much"
- "excellent analysis"
- "graet job very helpful"
- "Thank you, excellent and very detailed."
Purchase this Solution
Free BrainMass Quizzes
Criminal Defenses Review
Test your knowledge of the basics of criminal law and defenses with this quiz.
Evidence
Do you know your evidence objections? Find out with this quiz!
Title VII
This Quiz pertains to the spectrum of Human Rights through Title VII
Contract Requirments
How much do you know about the legal requirements for a contract? Find out with this quiz!
Title VII Laws
Learn the basics of the laws under Title VII.