Term
|
Definition
anything the court can or must use in reaching its decision. kinds of authority:
1. primary
2. secondary
3. mandatory
4. persuasive
5. non-authority |
|
|
Term
| what two questions must be asked in legal research? |
|
Definition
is the authority law or non-law?
(primary or secondary)
if is is law, what weight will it carry?
(mandatory or persuasive) |
|
|
Term
|
Definition
| Any form of law is considered primary authority. There are ten basic kinds of laws. |
|
|
Term
|
Definition
| Secondary law is non-law. E.G.: a comment from a legal encyclopedia. |
|
|
Term
|
Definition
| a court must follow mandatory authority (exceptions aply) Mandatory authority comes from the same jurisdiction as the court your case is in and must come from a higher court. |
|
|
Term
|
Definition
| the court is not required to follow. lower than Mandatory. A case from a different jurisdiction, or the same level court as yours is persuasive. The court is not required to follow stare decisis doctrine applies. |
|
|
Term
|
Definition
| Stare decisis is a doctrine that holds that a court's previous decision should be followed unless there is a compelling reason not to follow. This applies to material under persuasive authority. |
|
|
Term
|
Definition
| anything a court would never use in reaching its decision. E.G: a case that has been reversed. |
|
|
Term
| What are the ten basic kinds of laws in order of supremacy for primary authority? |
|
Definition
1. constitution
2. statues
3. opinions
4. treaties
5. executive order
6. administrative rules
7. administrative decisions
8. rules of court
9. charters
10. ordinances |
|
|
Term
|
Definition
| primary authority, highest supremacy of law, establishes the basic rights and obligations of citizens and creates the branches of government. The U.S. Constitution is the highest law in the land. States also have a constitution. |
|
|
Term
|
Definition
| Laws created by the legislative branch. Statutes are Enacted law. Enacted law supersedes common law. The U.S. Congress creates federal statutes (the US Code or U.S.C.) |
|
|
Term
| Does enacted law supersede common law? |
|
Definition
|
|
Term
| What is the United States Code or U.S.C.? |
|
Definition
| federal statutes created by the U.S. Congress are contained in the U.S.C. |
|
|
Term
|
Definition
| anything the court MUST use in reaching its decision. |
|
|
Term
| What is primary authority? |
|
Definition
|
|
Term
|
Definition
| a legal address, you must be able to locate and refer to any authority in order to use it. |
|
|
Term
|
Definition
| the decision of the court. It applies the law to specific factual situations. An opinion is often referred to as to as case law. Case law is also common law. |
|
|
Term
|
Definition
| a treaty represents an agreement between two or more governments. The president signs treaties with the consent of the Senate. |
|
|
Term
|
Definition
| strategic arms limitation treaty between the United States and the Soviet Union. When it was confirmed by the senate it became law. |
|
|
Term
|
Definition
| A law created by the highest entity of the executive branch, such as the President or the Governor. E.G.: a pardon of someone convicted of a crime. |
|
|
Term
|
Definition
| rules/regulations created by state and federal administrative agencies. E.G.: FAA governs air traffic throughout the country. |
|
|
Term
|
Definition
| created by admin agencies applying admin rules to factual rules. |
|
|
