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Definition
| Consists of State and Federal Courts |
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| Which courts of appeals are in Houston? |
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| What types of primary law can the branches of the federal government make? |
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Definition
Executive: Executive orders and Administrative Regulations
Legislative: Constitutions and Statutes
Judicial: Cases (common law) |
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Term
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Definition
| A previous pronouncement relating to a point of law that is used to support or oppose a legal argument or decision. |
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| Examples of secondary authority |
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Definition
| Treatises, restatements, law reviews, ALR, hornbooks, legal dictionaries and encylopedias |
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Definition
| "let it stand" - must adhere to precedents and not unsettle things which are established |
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| Facts the court relied on to reach a decision |
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Definition
| Mandatory, Prohibitory, Discretionary, Declaratory |
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| What is an element in a cause of action? |
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Definition
| A legal principle that must be proved for a person to prevail. E.g. negligence, intentional infliction of emotional distress, false imprisonment. |
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| General categories of facts. Factors can prove elements. |
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Definition
| Rules that are clear and manifest in the body of the opinion |
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Definition
| Unspoken or unexpressed principles of law employed by a court to resolve a legal issue. |
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| Four steps of legal analysis |
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Definition
| Issue spotting, What rule of law is applicable, analysis, drafts |
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Term
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Definition
The legal questions a court must answer to resolve the dispute between the parties in a particular case. Courts address and resolve 2 kinds of issues: 1. Law-centered issues
2. Fact-centered issues |
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Term
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Definition
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| 4 primary ways to apply law to facts |
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Definition
1. Rule-based reasoning (plain language)
2. Analogical reasoning (reasoning by example)
3. Legislative intent
4. Policy Analysis
Others: principle-based and custom-based |
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Term
| The three triggers for Stare Decisis |
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Definition
1. Jurisdiction
2. Legal Issue
3. Facts |
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Term
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Definition
| focus on direct fact comparisos between the controlling authority and the client's case |
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Term
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Definition
| focus on the common significance of the material facts in a variety of cases and how they compare to the facts in a client's case |
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Term
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Definition
| blends several cases to identify a common factual denominator among the controlling authority that can serve as the basis for analogy |
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Term
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Definition
| It refers to the broader moral, philosophical, or social goals behind the law |
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Term
| 5 types of policy arguments |
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Definition
1. Judicial administration arguments (efficient and fair system)
2. Normative arguments (utility)
3. Institutional competence (who is better suited to resolve the issue)
4. Economics arguments (allocation of resources, etc)
5. Fairness and justice arguments (impartiality and honesty) |
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Term
| What 4 things should be included in the "A" section of the CREAC? |
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Definition
1. Your arguments
2. Their arguments
3. Your rebuttal
4. Mini conclusion |
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Term
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Definition
| Conclusion statement which identifies the issue, states how the issue should be resolved, and gives a brief explanation of why you reached that particular conclusion |
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Term
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Definition
| What is the rule of law that supports your conclusion (where did you get it - authority) |
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Term
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Definition
| Provide any necessary explanation of the rule such as how the rule was derived, points of clarification from prior case law (again, explain through citation to authority) |
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Term
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Definition
| Analysis/application of rule to your facts |
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Term
| Two things you should do in the "C" |
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Definition
1. Identify the issue
2. Make a predictive statement about how the issue will be resolved. |
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Term
| Conclusion statement must include these (4) things: |
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Definition
1. Applicable law
2. Prediction
3. Legal issue
4. Material facts |
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Term
| Case illustrations should included these (4) things: |
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Definition
1. Rule statement that accurately expresses the court's holding
2. The court's holding
3. Facts relevant to the court in its evaluation of the rule of law
4. The court's rationale |
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Term
| Topics that fall under federal law: |
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Definition
| constitutional rights, federal taxation, bankruptcy, copyright, some drug offenses, immigration |
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Term
| Topics that fall under state law: |
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Definition
| Texas constitutional rights, family law, landlord-tenant law, consumer law, probate law, traffic, most crimes |
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Term
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Definition
| A previous pronouncement relating to a point of law that is used to support or oppose a legal argument or decision |
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Term
| Why start with secondary authority (3 reasons) |
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Definition
1. They lead you to primary authority
2. They give you search terms
3. They provide background information on the topic |
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Term
| Most often secondary source accepted by the courts as persuasive authority: |
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Definition
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Term
| What does C.J.S. stand for? |
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Definition
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Term
| Federal law is published in these 3 steps: |
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Definition
1. It is published as a separate document (slip law)
2. It is included in a chronological list of all statutes passed within a session of congress (states at large)
3. It is reorganized by subject matter and placed within the code |
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Term
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Definition
| used to locate a statute using its Statutes at Large citation |
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Term
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Definition
| Where you will find opinions of the federal courts of appeals |
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Term
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Definition
| Opinions of the federal district courts appear here |
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Term
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Definition
| West's classification system that divides law into topics and subtopics. Each is assigned this. |
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Term
| Name two functions of a legal citation: |
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Definition
1. A declaration of authority for your assertion
2. A map for your reader |
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Definition
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| Before 1981 in Texas, the court of appeals: |
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Definition
| was abbreviate Tex. Civ. App. |
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Term
| After 1981, the Texas court of appeals was abbreviated: |
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Definition
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Term
| Before 1997, Writs and Petitions were used: |
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Definition
"Writ" - civil cases
"Pet." for criminal |
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Term
| Writ and petitions after 1997 were abbreviated: |
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Definition
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| Parts of the "questions presented" section of a memo: |
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Definition
1. Applicable law
2. Key facts
3. Legal question |
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| Three types of facts (for memos): |
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Definition
1. Legally significant facts
2. Background facts
3. Emotionally significant facts |
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Term
| What should your introductory/roadmap paragraph include (there are 4) (this is about writing a memo): |
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Definition
1. Brief global conclusion
2. General rule
3. Undisputed issues with support
4. Roadmap of disputed issues |
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