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legal writing midterm
legal writing midterm
21
Law
Undergraduate 2
10/18/2011

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Cards

Term
hieracrchy of authorities
Definition
a system in which legal authorities such as court decisions statutes administrative rules and decisions and constitutions are ranked according to the effect they have in controlling the law of a governing body
Term
dicta
Definition
when a court addresses an issue that is not directly presented by the parties
Term
primary authority
Definition
the authority generated by a government body
Term
finding tools
Definition
digests citators, updaters, annotated statutes
Term
secondary authority
Definition
legal encyclopedias, american law reports, law reviews
Term
primary authority
Definition
court decisions, statutes, constitutions
Term
hybrid sources of authority
Definition
contains all three kinds of authorities
Term
factual authority
Definition
the use of non legal sources when in a motion or a brief
Term
audience
Definition
with whom are you speaking? determines the kind of words and tone you use
Term
clarity
Definition
Term
organization
Definition
Term
outline
Definition
organize your ideas, write down your issues and facts then insert your research where it pertains
Term
prewriting stage
Definition
finding your purpose and audience
Term
purpose
Definition
is your document intended to inform or persuade
Term
rewriting
Definition
one of the most important steps. continuously re read and eliminate unneccesary words until you can no longer do so
Term
diction
Definition
choice of words when writing
Term
concrete verbs
Definition
verbs that exactly describe the action taken
Term
nominalization
Definition
when verbs are turned into nouns
Term
active voice
Definition
when the subject of the sentence is doing the action of the verb (harold hit a home run)
Term
passive voice
Definition
subject of the sentence is being acted on (a home run was hit by harold)
Term
case brief
Definition
citation, procedural history, facts, issue, holding , reasoning, dicta
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