Chapter 1 Flashcards
Fact bound
The inability to answer a question without all the necessary facts and information.
*Paralegals assist in fact gathering process by conducting interviews, reading, and summarizing relevant documents
Cause of Action
A claim based upon the law and the facts are sufficient to support a lawsuit
2 steps during legal research
- Determine whether the client has a valid clause of action
- Identification of specific provisions of the law that are applicable to the client’s situation
Legal research
The process of finding the law
*Attorneys rely on paralegals to assist in locating and summarizing relavent statues and cases they neeed to properly interpret the current status of the law
legal reasoning
The application of legal rules to a client’s specific factual situation (aka legal analysis)
What are the two basic types of legal reasoning?
- Analysis of court opinions
- Analysis of constitutions, statutes, and administrative regulations.
Stare Decisis
lit: decision stands
Once the court has decided one particular way for a case it will decide that way for future cases unless they can be convinced for a need of change.
Precedent
One or more prior court decision(s)
Analogous
Similar
Distinguishable
Different
Legal Writing
Case briefs, law office memoranda, and documents filed with the court
Case Briefs
summarize specific court decisions
Law office memoranda
unbiased analysis of a client’s case for use with in the law firm
Appellate brief
written to persuade an appeals court of the merits of the client’s case
litigation
lawsuit: a controversy to be settled in court
