Chapter 1

Question 1

Legal Analysis

Answer 1

The process of applying the law to specific facts. Also know has legal reasoning.

Question 2

Fact Bound

Answer 2

When even a minor change in the facts can change the outcome.

Question 3

Cause of Action

Answer 3

A claim that, based on the law and the facts, is sufficient to support a lawsuit.

Question 4

Enacted Law

Answer 4

Constitutions, statutes, ordinances, and regulations.

Question 5

Constitutions

Answer 5

Documents ratified by the citizens of a state or nation that establish the organizational structure and the powers granted to different governmental units.

Question 6

Statutes

Answer 6

Laws that are enacted by a state legislature or by Congress.

Question 7

Ordinances

Answer 7

Laws similar to statutes but enacted by a local government.

Question 8

Regulations

Answer 8

Laws promulgated by administrative agencies.

Question 9

Mandatory Authority

Answer 9

Court decisions from a higher court in the same jurisdiction involving similar facts.

Question 10

Persuasive Authority

Answer 10

Court decisions from an equal or lower court from the same jurisdiction or from a court in a different jurisdiction.

Question 11

Percedent

Answer 11

One or more prior court decisions that involve the same legal issue.

Question 12

Stare Decisis

Answer 12

The doctrine stating that normally once a a court has decided one way on a particular issue, it and other courts in the same jurisdiction, given similar facts, will decide the same way on the issue in the future cases, unless the court can be convinced of the need for change.

Question 13

Substantive facts

Answer 13

Things that happened to the parties before the litigation began and that are relevant to their claims.

Question 14

Procedural facts

Answer 14

Facts that relate to what happened procedurally in the lower courts or administrative agencies before the case reached the court issuing issuing the opinion.

Question 15

Legal issues

Answer 15

Questions about the interpretation and application of the law.

Question 16

Disposition

Answer 16

The result reached in a particular case.

Question 17

Affirm

Answer 17

A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.

Question 18

Reverse

Answer 18

A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of the lower court.

Question 19

Remand

Answer 19

When an appellate court sends a case back to the trial court for a new trial or other action.

Question 20

Majority Opinion

Answer 20

An opinion in which the majority of the court joins.

Question 21

Concurring opinion

Answer 21

An opinion that agrees with the majority’s result but disagrees with its reasoning.

Question 22

Dissenting Opinion

Answer 22

An opinion that disagrees with the majority’s decision and reasoning.

Question 23

Case Briefing

Answer 23

A method for summarizing court opinions.

Question 24

Appellate brief

Answer 24

A formal written argument to an appellate court, in which a lawyer argues why that court should affirm or reverse a lower court’s decision.

Question 25

Rule

Answer 25

In a case brief, general legal principle in existence before the case began.

Question 26

Issue

Answer 26

In a case brief, the rule of law applied to the case’s specific facts.

Question 27

Holding

Answer 27

In a case brief, the court’s answer to the issued presented to it; the new legal principle established by a court opinion.

Question 28

Narrow Holding

Answer 28

A statement of the court’s decision that contains many of the case’s specific facts, thereby limiting its future applicability to a narrow range of cases.

Question 29

Broad Holding

Answer 29

A statement of the court’s decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases.

Question 30

Ratio decidendi

Answer 30

The court’s reasoning for its decision

Question 31

Dictum

Answer 31

A statement in a judicial opinion not necessary for the decision of the case.

Question 32

Legal Reasoning

Answer 32

The application of legal rules to a specific factual situation; also know as legal analysis

Question 33

Distinguishable

Answer 33

Different

Question 34

Analagous

Answer 34

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