Chapter 2 Judicial Opinions Flashcards
What is an official reporter?
An official reporter is a bound volume of judicial opinions published under the authority of a government entity in charge of publishing judicial opinions.
What is an unofficial reporter?
An unofficial reporter is a bound volume of judicial opinions published by a commercial company.
What is a headnote and how does it differ from a synopsis?
A headnote is a single point of law in a judicial opinion as determined by an editor. A synopsis is a summary of the case.
Why would a researcher use an unofficial as opposed to an official reporter to research judicial opinions?
A researcher would use an unofficial reporter because it has additional enhancements, including headnotes labeled with topics and key numbers or subtopics
What is a court holding and how would you identify it?
A court’s holding is the court’s decision reached on an issue in a case where the court has applied the facts of the case to the governing rule and reached a conclusion. It can sometimes be identified with the words, “We hold ….” But often times, it is more difficult to determine and requires reviewing the conclusion along with the governing rule and the applicable facts to craft a holding.
What is a print digest system and why is it needed?
A print digest system organizes headnotes from judicial opinions by subject. It is needed because judicial opinions are published chronologically in reporters (bound volumes) and a subject index is needed to locate relevant cases.
Why would a researcher use West’s print digest system as opposed to searching for the cases using an online case search tool?
A researcher would use West’s print digest system because it is a comprehensive, organized, subject index of judicial opinions and would help the researcher see how the law on that subject is categorized and organized without having to have precise research terms. Using an online case search tool requires the precise terms used in the case.
Why must a researcher update a case?
A researcher must update a case (judicial opinion) to determine if it is still good law and whether its importance has grown or diminished.
How can case verification result in finding additional relevant cases for a research project?
Reading cases that have cited the case being verified may result in finding more recent, relevant cases.
