> For the complete documentation index, see [llms.txt](https://jennyrice.gitbook.io/wrd-418-legal-writing/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://jennyrice.gitbook.io/wrd-418-legal-writing/chapter-1-legal-authorities-and-sources-of-law/activities.md). # Activities ## Activity #1: **Hierarchy of Authority** \ You represent Old Tobias Tobacco Company. Recently, a start-up “guerrilla marketing” firm operating on Old Tobias’s behalf may have inadvertently violated federal law. Apparently, the guerrillas started a campaign whereby they were encouraging Facebook users to change their profile pictures to an Old Tobias print ad from the 1950s, an ad which runs afoul of current laws, and now the feds are preparing to file suit in the Middle District of North Carolina - M.D.N.C - (where Old Tobias is headquartered). As a result, you did a little research into the matter. Please rank the authorities you found according to weight and hierarchy of authority:
* FDA v. Brown & Williamson Tobacco Corp., 529 U.S. 120 (2000). \[United States Supreme Court Case] * Robert J. Baehr, "A New Wave of Paternalistic Tobacco Regulation," 95 Iowa L. Rev. 1663 (2010). \[Scholarly Article About Tobacco Regulation] * 15 U.S.C. § 1335 (2012). \[Federal Statute] * R.J. Reynolds Tobacco Co. v. Seattle-King County Dept. of Health, 473 F. Supp. 2d 1105 (W\.D. Wash. 2007). \[Federal District Court Case] * R.J. Reynolds v. Phillip Morris, 199 F. Supp. 2d 362 (M.D.N.C. 2002). \[Federal District Court Case] * Lorillard Tobacco Co. v. Reilly, 533 U.S. 525 (2001). \[United States Supreme Court Case] * Consolidated Cigar Corp. v. Reilly, 218 F.3d 30 (1st Cir. 2001). \[Federal Court of Appeals Case] * Brown & Williamson v. FDA, 153 F.3d 155 (4th Cir. 1998). \[Federal Court of Appeals Case] ## Activity #2: **Hierarchy of Authority** Dear Associate: We are representing Ronny Lotten in an upcoming drug possession case in Fayette County Circuit Court in Lexington, KY. Lotten is a graduate student living in university apartments. He has his own bedroom but shares a kitchen and common room with three other students. On the morning of August 23rd, Lexington police officers, while looking for Vic Sydney, a known acquaintance of Lotten, entered Lotten's suite without a warrant. The police limited themselves to the common areas and did not enter a bedroom. All residents were away from the apartment at the time. However, Mac Shane, an undergraduate living next door to Lotten, entered the apartment looking for Lotten. The police, who in the meantime had found a rather large bag of marijuana in between some couch cushions, asked Shane if he knew whose it was. Shane, inebriated at the time and wanting to deflect attention away from that fact, replied that the marijuana was “Ronny’s” before waltzing out the door. The police subsequently arrested Lotten. \ I’m pretty sure that what the police did was an unlawful search under federal law, but I’m going to need to prove that Lotten had a reasonable expectation of privacy in the common area (as opposed to dorm room) of his suite. Here are some authorities on the matter. **Please put the following materials into hierarchical order. Please draw a line between binding and persuasive authority. Thanks. As a reminder, we’re arguing federal court.** * United States v. Villegas, 495 F.3d 761 (7th Cir. 2007) * Katz v. United States, 389 U.S. 347 (1967) * Adams v. Commonwealth, 931 S.W\.2d 465 (Ky. Ct. App. 1996) * Minnesota v. Olson, 495 U.S. 91 (1990) * Blades v. Commonwealth, 339 S.W\.3d 450 (Ky. 2011) * U.S. Const. amend. IV * 8 Ky. Prac. Crim. Prac. & Proc. § 18:11 (part of the Kentucky Practice legal encyclopedia set) ## Activity #3: US Code Search Look at the[ US Code](https://uscode.house.gov/) titles and identify which title most likely contains laws relating to the labeling and marketing of alcoholic beverages. When you find it, take a look through the title's chapters and subjects until you find a code that seems interesting to you. What is the code's citation? Give a brief summary of the specific law you found.