Legal Research Flashcards

A Tenth Circuit opinion interpreting a Colorado statute is later contradicted by a Colorado Supreme Court decision. Colorado state courts should:

Answer: Follow the Colorado Supreme Court, since federal interpretations of state law are only persuasive

State courts are bound by their own highest court on questions of state law; federal interpretations of state law are merely persuasive.

Which of the following is the best example of mandatory authority for a Denver District Court judge?

Answer: A published Colorado Court of Appeals opinion on point

Published Colorado Court of Appeals decisions bind Colorado trial courts, while out-of-state cases and commentary are only persuasive.

A researcher needs a municipal law issue for the City and County of Denver. The controlling local enactments are found in:

Answer: The Denver Revised Municipal Code

Home-rule municipalities like Denver codify their ordinances in their own municipal codes, such as the Denver Revised Municipal Code.

When updating research on a recently amended Colorado statute, the researcher should check for amendments passed after the code's publication by consulting:

Answer: Recent session laws and legislative bill-tracking services

Amendments enacted after codification appear first in session laws and bill-tracking databases before being integrated into the C.R.S.

Which statement about the Colorado Constitution in legal research is accurate?

Answer: It is primary authority that prevails over conflicting Colorado statutes

The state constitution is the highest source of Colorado state law, and conflicting statutes or regulations are invalid.

A researcher finds a persuasive ALR annotation on a Colorado issue. Its main research value is that it:

Answer: Collects and analyzes cases from many jurisdictions on a narrow issue

American Law Reports annotations gather multi-jurisdictional case law on specific issues, serving as a case-finding tool.

In a Shepard's report, treatment described as 'distinguished' means the citing court:

Answer: Found the cited case inapplicable because of factual or legal differences

'Distinguished' indicates the citing court declined to apply the cited case because its facts or legal issues differed.