Case Law Flashcards
Case law is the law as stated in
Specific cases decided by courts
Case law is in _ form
Written
Synopsis definition
Brief summary or general survey of something
Case law generally contains a brief synopsis of
The facts of the case
Case law generally contains an analysis of
The legal principles that apply to
Case law generally contains a statement of
The court’s decision
Statement of the court’s decision is generally known as the _ of the case
Holding
Crux definition
Decisive or most important point at hand
The “holding” is the crux of the
Decision rendered by that court
Insofar definition
To the extent that
If court has jurisdiction or authority to interpret the law, then
The holding becomes law
Any language in the case decision other than the holding is
Surplus language
Surplus language aka
Obiter dictum
Obiter dictum aka
Dicta
The dicta within a court decision is not binding law, but rather
Used by court to explain rationale
