Source literacy

Ask: who issued it, what does it cover, and does it say what is claimed?

Legal claims should be traced to their original source. A blog, screenshot, template, or citation label is not a substitute for the underlying statute, court opinion, regulation, docket, or order.

Check the issuing authority

Congress and state legislatures enact statutes. Agencies publish regulations, orders, and consumer materials. Courts issue opinions and entries. Each source has a different purpose and legal effect. Start with an official site when available, then compare any secondary summary with the original text.

Check identity and coverage

An agency order should identify a matter number, date, respondent, operative provisions, and enforcement authority. A file number by itself does not show that an order covers a different company or person. Likewise, a court decision must be read for its jurisdiction, parties, holding, and factual context.

Read the holding, not just a quotation

For a court opinion, locate the court, date, procedural posture, issue, holding, and scope. A case title or a headnote cannot establish that the decision created a broad remedy. In Ohio, for example, Kuchta is relevant to the distinction between standing and subject-matter jurisdiction, not a universal case-disposition formula. [1]

Use a four-question test

Is it primary?

Can you open the original law, rule, order, opinion, or agency page?

Is it current?

Check effective dates, amendments, later decisions, and whether the source is historical.

Is it on point?

Compare the named parties, statutory section, jurisdiction, and question actually decided.

Is the conclusion narrower?

Be cautious when a source moves from a general rule to a guaranteed outcome in a specific matter.

Sources

  1. Bank of America, N.A. v. Kuchta
  2. Fair Debt Collection Practices Act
  3. CFPB Regulation F
  4. CFPB debt-collection resources
  5. FTC debt-collection resources