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Prior and Subsequent Case History

Quiz by Kendall Ota

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4 questions
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  • Q1
    You’ll have to go back in time for this problem. You want to cite Jones v. Smith. This is a March 2008 federal case from the Fifth Circuit Court of Appeals. It is reported in volume 472, page 170, of Federal Reporter, Third Series. The United States Supreme Court denied certiorari in November 2008. That denial is not yet published in United States Reports but is reported in volume 130, page 12, of Supreme Court Reporter. You cite the case in a brief filed on September 10, 2009. The denial of certiorari has no impact on the argument you are drafting.
    Jones v. Smith, 472 F.3d 170 (5th Cir., 2008), cert. denied, 130 S. Ct. 12 (2008).
    Jones v. Smith, 472 F.3d 170 (5th Cir.), cert. denied, 130 S. Ct. 12 (2008).
    Jones v. Smith, 472 F.3d 170 (5th Cir., 2008).
    Jones v. Smith, 472 F.3d 170 (5th Cir.) cert. denied 130 S. Ct. 12 (2008).
    120s
  • Q2
    You want to cite David Edelson, Petitioner, versus Carol Cofone, Judge of the Court of General Sessions. This 1965 United States Supreme Court case is reported in volume 301, page 921, of United States Reports; in volume 78, page 1302, of Supreme Court Reporter; and in volume 2, page 1393, of Lawyers’ Edition, Second Series. This case was explicitly repudiated in 1971 by the case of Peter Nowalk and Deborah Dreher, Petitioners, versus The Continental Agricultural League. That case is reported in volume 521, page 752, of United States Reports; in volume 99, page 22, of Supreme Court Reporter; and in volume 811, page 478, of Lawyers’ Edition, Second Series.
    Edelson v. Cofone, 301 U.S. 921 (1965), rev’d, Nowalk v. Cont’l Agric. League, 521 U.S. 752 (1971).
    Edelson v. Cofone, 78 S. Ct. 1302 (1965), overruled by Nowalk v. Cont’l Agric. League, 99 S. Ct. 22 (1971).
    Edelson v. Cofone, 301 U.S. 921 (1965), overruled by Nowalk v. Cont’l Agric. League, 521 U.S. 752 (1971).
    Edelson v. Cofone, 301 U.S. 921 (1965), invalidated by Nowalk v. Cont’l Agric. League, 521 U.S. 752 (1971).
    120s
  • Q3
    You want to cite National Equality Protection, Incorporated, Plaintiffs-Appellants, versus Gregory Ingres, Commissioner, Equal Rights Association, Defendants-Appellants. This 1991 federal case from the Third Circuit Court of Appeals is published in volume 881, page 761, of Federal Reporter, Second Series. The United States Supreme Court reversed this decision in Myra Flores, Acting Commissioner, Equal Rights Association, et al., Petitioners, versus National Equality Protection Incorporated, et al. This 1994 case is reported in volume 929, page 1155, of United States Reports.
    Nat’l Equal. Prot., Inc. v. Ingres, 881 F.2d 761 (3d Cir. 1991), sub nom. Flores v. Nat’l Equal. Prot., Inc., 929 U.S. 1155 (1994).
    Nat’l Equal. Prot., Inc. v. Ingres, 881 F.2d 761 (3d Cir. 1991), rev’d sub nom. Flores v. Nat’l Equal. Prot., Inc., 929 U.S. 1155 (1994).
    Nat’l Equal. Prot., Inc. v. Ingres, 881 F.2d 761 (3d Cir. 1991), rev’d, 929 U.S. 1155 (1994).
    Nat’l Equal. Prot., Inc. v. Ingres, 881 F.2d 761 (3d Cir. 1991), rev’d sub nom., Flores v. Nat’l Equal. Prot., Inc., 929 U.S. 1155 (1994).
    120s
  • Q4
    You wish to cite Society of Separationists, Incorporated, versus, Guy Herman, Judge of the Travis County Court at Law. This 1991 federal case from The Fifth Circuit court of appeals is published in volume 939, page 1207 of the Federal Reporter, Second Series. By an equally divided court, this case affirmed the decision in Guy Herman, Judge of the Travis County Court at Law versus Robin O’Hare. That case, decided in 1989 in the Western District of Texas, is reported in volume 951, page 891 of the Federal Supplement, Second Series. The prior history is significant to the point you wish to make.
    Soc’y of Separationists, Inc. v. Herman, 939 F.2d 1207 (5th Cir. 1991), aff’d by an equally divided court Herman v. O’Hare, 951 F. Supp. 2d 891 (W.D. Tex. 1989).
    Soc’y of Separationists, Inc. v. Herman, 939 F.2d 1207 (5th Cir. 1991), aff’g by an equally divided court sub nom. Herman v. O’Hare, 951 F. Supp. 2d 891 (W.D. Tex. 1989).
    Soc’y of Separationists, Inc. v. Herman, 939 F.2d 1207 (5th Cir. 1991), aff’g by an equally divided court Herman v. O’Hare, 951 F. Supp. 2d 891 (W.D. Tex. 1989).
    Soc’y of Separationists, Inc. v. Herman, 939 F.2d 1207 (5th Cir. 1991).
    120s

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