Term
| what is the order of the us courts |
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Definition
| supreme court --> circuit court appeals --> district courts |
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Term
| what is the order of the new york courts |
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Definition
| court of appeals-->appellate division-->supreme court |
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Term
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| to give a false appearance of |
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Term
| what do enacted laws include |
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Definition
| constitution, statutes, regulations, ordinaces |
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Definition
| rules created by administrative agencies that have equivalent power as laws |
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| who gives life to administrative agencies |
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Definition
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Term
| when is common law created |
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Definition
| when the legislature has failed to enact a law |
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Term
| what is the supremacy clause |
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Definition
| federal court decisions are always supreme to state courts |
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Term
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Definition
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Term
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| is the body of law adapted by the people or legislative bodies |
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| defines the powers and limites of the authority of the state government and the fundamental rights of the citizens living in that state |
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| includes not only the law created by courts in the adsence of enacted |
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Definition
| how the court ruled in a case and hte reasons for the decision |
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Definition
| the authority of the court over the parties to resolve a legal dispute involving the parties |
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Term
| subject matter jurisdiction |
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Definition
| the courts authority over the types and kinds of cases it may hear and decide |
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Definition
| exists when more than one court has the authority to deal with the same subject matter |
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Term
| there are two types of courts in both the state and federal court system (subject matter jurisdiction) |
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Definition
| courts of general jurisdiction, courts of limited jurisdiction |
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Term
| what is the main trial court in the federal system |
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Definition
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Term
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Definition
| an earlier court decision used to guide a courts decision on an identical or similar issue |
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Term
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Definition
| principle that requires a court to follow a previous decision of that court or a higher court |
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Term
| what are the three reasons stare decisis is not required? |
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Definition
| the earlier decision has become outdated, the legislature has enacted legislation overruling the decision of an earlier court, the earlier decision was poorly reasoned or has produced undesirable results |
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| anything a court may rely on when deciding an issue |
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| a source a court may rely on that is not law, such as legal encyclopedia,ALR, restatements of law, treatises, law review articles |
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Term
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Definition
| a source of law a court must rely on when reaching a decision, such as enacted law or stare decisis |
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Definition
| any authority a court is not bound to consider or follow |
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Term
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Definition
| annotations are notes and comments on the law |
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Term
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Definition
| definitions of legal terms |
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Term
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Definition
| scholarly publications usually published by law schools that discuss specific topics in great depth and include references to key cases |
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Term
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Definition
| multivolume set of books that provides a summary of the law |
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Definition
| presents a variety of topis and discusses what the law is on each topic |
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Definition
| a single or multivolume work created by an expert in that area |
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Definition
| a similar issue based upon similar facts |
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Term
| what should you keep in mine when considering key terms |
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Definition
A) parties involved (citizen, corp., public offficial
B)place(public or private property)
C)actions or ommissions that form the basis of a case(negligence)
D) defenses available
E) relief sought |
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Term
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Definition
| a standard, established by a governing authority that prescribes or directs action or forbearance |
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Term
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Definition
| facts coincidential to the event, but not of significant legal importance |
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Term
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Definition
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Term
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Definition
| legally significant facts of a case that raisde the legal question of how or whether the law governing the dispute applies |
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Term
| what are the two types of key facts |
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Definition
| individual key facts, groups of facts |
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Term
| a key fact is an individual fact if it meets what criteria |
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Definition
| if the fact is changed, the outcome of the case is affected |
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Term
| a key fact is part of a group of facts if... |
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Definition
| when standing alone it would not be considered a key fact and would not hurt the outcome of the case if changed |
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Term
| what are the steps to identifying key facts in a case |
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Definition
| identify each cause of action possibly raised by the facts, determine the elements of each cause of action, list all the facts possible related to the elements of the causes of action, determine which of the clients facts apply to establish or satisfy the elements of each cause of action |
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Term
| when labeling sentences what are you looking for |
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Definition
| defendant/pplaintiff/judges fact. issue. reason. decision. procedure |
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Term
| what are the three reccomended steps for determing key facts in a court opinion |
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Definition
| read entire case thinking "what was decided about which facts". look to the holding. identify the facts neccessary to the holding |
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Term
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Definition
| legal question raised by the disputes |
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Term
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Definition
| the specific law that governs the dispute |
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Term
| compregensive/narrow/specific statement of the issue |
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Definition
| the legal question, elements of the issue, key facts raised are referred to as |
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Term
| broad statement of the issue |
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Definition
| when one of the three elements of the issue are not met |
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Term
| what are the four steps to identifying the issue in a clients case |
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Definition
A) identify each typw of cause of actiona nd area of law possibly involved.
B)determine the elements of each cause of action identified in step 1
C) determine which of the facts of the clients case apply to esablish or satif the elements of each cause of action
D) assemble the issue from the law and key factrs identified in steps 2 and 3, follow the format rule of law + legal question + key facts |
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Term
| what are the two ways in which finding the issue in case law could be difficult |
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Definition
| issue not stated, broad statement of the issue |
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Term
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Definition
| the court never clearly identifies the issue |
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Term
| broad statement of the issue |
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Definition
| "the issue in this case is whether or not the defendant breached the contract" |
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Term
| what are the three steps in identifying the issue in a court opinion |
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Definition
A)keep in mind the general question and read entire opinion
B) focus on the holding and : identify the law applied, identify the question adressed by the court, identify the key facts
C) assemble the issue :rule of law + legal question + key facts |
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Term
| what is the format of the issue |
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Definition
| rule of law + legal question + key facts |
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Definition
| the process of determining if a statute applies |
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Term
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Definition
| the name by which a statute is known |
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| includes the purpose of the legislative body intended to accomplish when drafting the statute |
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Definition
| state what is specifically covered and not covered by the statute |
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| define terms used in the statute |
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Definition
| set forth the substance of the law |
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Term
| what may annotations include |
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Definition
| history of the section, official comments, cross references, library references, notes on decisions |
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Term
| what are the main research sources for federal law |
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Definition
| united states code annotated, united states code service |
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Term
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Definition
| the full text of each law is published seperatly by the US governemnt printing office |
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Term
| how is the united states statutes at large organized |
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Definition
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Term
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Definition
| pages in back of book stating any changes in the statutes in between publishing periods |
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Term
| what is the federal register |
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Definition
| a daily publication of the federal governemnt that publishes : presidential documents, rules and regulations, proposed rules and regulations, a table of contents |
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Term
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Definition
| regulatethe conduct ofmatters brought beofre the court |
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Term
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Definition
| rules governing civil and criminal procedure |
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Term
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Definition
| rules governing civil and criminal procedure |
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Term
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Definition
| the record of the legislation during the enactment process before it became a law |
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Term
| expressio unius est exclusio alterius |
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Definition
| "the expression of one excludes all others" if the statute contains a list of what is covered, everything else is excluded |
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Term
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Definition
| of the same genus or class. whenever a statute contains a specific list followed by a general term, the general term is interpreted to be limited to other things of the same class or kind as those on the list |
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Term
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Definition
| "on the same subject matter" statutes dealing with the same subject should be interpreted consistently |
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Term
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Definition
| qualifying words and phrases apply to the words or phrase immediatly preceding and do not extend to other more remote words or phrases |
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Term
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Definition
| statutes are to be interpreted in a manner that furthers the intended legislative remedy |
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Term
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Definition
| the words,phrases,and subsections of a statute are to be interpreted in the context of the entire statute |
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Term
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Definition
| statutes are assumed to be constitutional and should be construed in a manner that preserves their constitutionality, if possible. |
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Term
| how should criminal statutes be interpreted |
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Definition
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Term
| Secondary authority consists of WHAT |
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Definition
| legal research sources that summarize, compile, explain, comment on, interpret, or in some other way address the law |
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