Term
| Objective of Legal Research? |
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Definition
| Find specific authority (legal rules) that govern a specific factual issue. |
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| Plan to find specific legal authorities? |
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Definition
1. Type of system factual issue arises. (i.e. federal, state, local) (jurisdiction)
2. Substantive law involved. (i.e. constitutional, statutory [criminal or civil], case law, administrative)
3. Procedural law. (i.e. what combination of statutes, rules of procedure [civil, criminal, admin], rules of evidence to apply, court rules) that must be followed. |
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| law that establishes and defines basic rights and duties that govern society. |
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| Substantive law consists of... |
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Definition
| constitutions, legislative enactments, common law (judicial decisions), and certain executive actions. |
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| embodies governments authority to exist & serves as outline for exercise of governmental powers. |
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legislative enactments called statutes at state & federal levels.
called an ordinance at local level. |
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case law or judicial opinions
(brought over from England) |
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| articulates common law principles as they evolve. |
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| "let the decision stand" Process used to synthesize legal principles from all prior legal issues with similar facts of the case before the court. |
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1. facts & legal issues were substantially similar to the facts of case before the court.
2. was decided by the majority of a higher court of that jurisdiction.
3. the case was reported (published). |
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Term
| These have different technical meanings but the two terms are frequently used as if they were synonymous. |
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Definition
| stare decisis & precedent |
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| prescribes the manner which substantive laws must be enforced. |
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| In Federal Procedural law distinctive sets of rules operate within trial courts. |
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Definition
1. Federal Rules of Criminal Procedure: governs way defendant is charged, tried, & sentenced in federal court.
2. Federal Rules of Civil Procedure: governs how civil actions are handled.
3. Federal Rules of Appellate Procedure: governs form and procedure for appeals.
4. Federal Rules of Evidence: governs types of evidence that are admissible in criminal & civil trials, & manner which evidence can be presented.
5. Local court rules: each court adopts its own rules for management of trails. |
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Term
| Federal & State primary law recorded primarily in... |
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Definition
| constitutions, statutes, administrative rules & regulations, & court cases. |
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| Federal session laws are published in? |
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Definition
United States Statutes at Large (cited Stat.) & United States Code (cited U.S.C.)
not every statute is published.
United States Statutes at Large is the only complete collection of federal statutes. |
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Term
| Unofficial publications of statutes |
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Definition
United States Code Annotated (U.S.C.A.) published by West
United States Code Service (U.S.C.S.) published by Lawyers Co-op.
Offers additional resources for researcher. |
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