spreadsheets to protect its monopoly position in its software industry. It also slowly moves into panoply of devices such as tablets and smartphones.
From the following sources of law within our legal system, list them in the order of most binding to least binding (assume all involved laws are valid) and explain why that order exists. a. state constitution; b. federal constitution; c. state legislation; d. federal legislation.
Federal Constitution; Federal Legislation; State Constitution; State Legislation
Article VI, Section 2 of the United States Constitution, known as the Supremacy Clause, sets forth that three distinct areas of legislation be at the forefront. It states that the Constitution, Federal statutes, and United States treaties encompass the "supreme law of the land", therefore making them the highest areas of law possible within the legal system of America.
Federal legislature can’t violate the Constitution because the Constitution is considered the supreme law of the land. Any federal law trumps any conflicting state law.
State legislature is restricted by state constitution. States can’t pass laws that interfere with the Constitution or federal legislation. The Supreme Court has the authority to overturn state laws that interfere with the Constitution and federal legislation.
4. In what types of cases and/or memos would you be most likely to cite case law that is not mandatory authority?
You may consider citing to secondary sources when there is an uncertainty in the law.
1. Cha, A. & Krim, J. (2001). State split on Microsoft Deal. Washington DC.
2. White, L. (1995). The Justice Department and the Software giant battled to draw. Was that the right outcome?