Chapter 1: Introduction to the Study of Law

Question 1

Legal analysis

Answer 1

The process of applying the law to specific facts. Also known as legal reasoning.

Question 2

Fact bound

Answer 2

Legal issues are said to be fact bound 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

Constitution

Answer 5

The fundamental law of a nation or state.

Question 6

Statute

Answer 6

A law enacted by a state legislature or by Congress.

Question 7

Ordinance

Answer 7

A law enacted by a local government; a subcategory of statutory law.

Question 8

Regulation

Answer 8

A law promulgated by an administrative agency.

Question 9

Mandatory authority

Answer 9

Court decisions from a higher court in the same jurisdiction.

Question 10

Persuasive authority

Answer 10

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

Question 11

Stare decisis

Answer 11

The doctrine that normall once a court has decided an issue, other courts in the same juristiction will decide the same way.

Question 12

Substantive facts

Answer 12

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

Question 13

Procedural facts

Answer 13

Actions taken by lower courts or administrative agencies before the case reached the court issuing the opinion you are reading.

Question 14

Legal issues

Answer 14

Questions about the interpretation and application of the law.

Question 15

Disposition

Answer 15

The result reached in a particular case.

Question 16

Affirm

Answer 16

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 17

Reverse

Answer 17

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

Question 18

Remand

Answer 18

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

Question 19

Concurring opinion

Answer 19

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

Question 20

Dissenting opinion

Answer 20

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

Question 21

Case Briefing

Answer 21

A method for summarizing court opinions.

Question 22

Rule

Answer 22

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

Question 23

Issue

Answer 23

In a case brief, the statement of the problem facing the court.

Question 24

Holding

Answer 24

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

Question 25

Narrow holding

Answer 25

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

Question 26

Broad holding

Answer 26

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 27

Ratio decidendi

Answer 27

The court’s reasoning for its decision.

Question 28

Dictum

Answer 28

A statement in a judicial opinion for the decision of the case.

Question 29

Legal reasoning

Answer 29

The application of legal rules to a specific factual situation. Also known as legal analysis.