Chpt 3

Question 1

A case

Answer 1

is a decision, sometimes called an opinion, written by a judge (the court).

Question 2

dissenting opinion

Answer 2

One or more justices may disagree entirely with the decision. In such a case, that justice may write a dissenting opinion in which the justice explains his or her position.

Question 3

concurring opinion

Answer 3

Sometimes one or more justices may agree with the ultimate result of the case but not with the reasoning of the majority. That justice may write a concurring opinion, an opinion in which the justice explains his or her reasoning.

Question 4

official citation

Answer 4

This is the citation to the official publication of case law for a particular jurisdiction (this is usually a government publication); the official citation includes the name of the case, volume number in which the case is located, the first page of the case, and the year of the decision.

Question 5

style manual

Answer 5

A manual illustrating the proper citation format for a particular state.

Question 6

primary authority

Answer 6

The resources that provide the actual law; laws are found in constitutions, statutes, case law, and some administrative materials.

Question 7

decision

Answer 7

The formal written resolution of a case; it explains the legal and factual issues, the resolution of the case, and the law used by the court in reaching its resolution.

Question 8

opinion

Answer 8

A decision is sometimes referred to as an opinion.

Question 9

stare decisis

Answer 9

“It stands decided”; another term for precedent.

Question 10

precedent

Answer 10

The example set by the decision of an earlier courtfor similar case or similar legal questions that arise in later cases.

Question 11

mandatory authority

Answer 11

Case law that must be followed by a court.

Question 12

binding authority

Answer 12

Another term for mandatory authority.

Question 13

persuasive authority

Answer 13

Nonbinding case law that nevertheless is considered by a court.

Question 14

dictum

Answer 14

Reasoning or a comment by the court that is not essential to the outcome (the holding) of the decision. Dictum (the plural is dicta) is nonbinding on other courts.

Question 15

double jeopardy

Answer 15

Clause in the U.S. Constitution that generally prevents the government from trying a person more than once for the same offense.

Question 16

Petition for writ of mandate

Answer 16

A request that the appellate court order the lower court to do something or to refrain from doing something

Question 17

Petition for writ of habeas corpus

Answer 17

A request that the court order the release of one who is imprisoned or otherwise confined

Question 18

affirm

Answer 18

To uphold: in connection with an appeal to uphold the lower court’s decision.

Question 19

reverse

Answer 19

To change.

Question 20

remand

Answer 20

To send back.

Question 21

motion

Answer 21

A request for an order from the court.

Question 22

regional reporters

Answer 22

A set of published volumes of cases by courts in specific regions of the United States; for example, the Pacific Reporter or the North Eastern Reporter.

Question 23

A Uniform System of Citation

Answer 23

A reference manual; it contains the rules for proper citation format; often called The Bluebook.

Question 24

case law reporters

Answer 24

Sets of published volumes of cases decided by various courts.

Question 25

parallel citations

Answer 25

Many case citations include references to unofficial publications as well as the official citation. These additional references are parallel citations; simply stated—you may find the exact case in more than one publication.

Question 26

United States Reports

Answer 26

Official publication of all United States Supreme Court case law; published by the federal government.

Question 27

unofficial publication

Answer 27

Material not published by a government entity or a government designee.

Question 28

editorial enhancements

Answer 28

Helpful information included in many unofficial publications; the enhancements assist the researcher to understand the material. Most official publications have little or no editorial enhancements.

Question 29

digest topics

Answer 29

Topics included in an index (digest) to reported case law, arranged by subject.

Question 30

key numbers

Answer 30

A research aid unique to the West Group materials; these numbers allow a researcher to quickly access specific material in a digest.

Question 31

Supreme Court Reporter Printed by West,

Answer 31

this is an unofficial publication of all United States Supreme Court case law.

Question 32

Lawyers’ Edition

Answer 32

LexisNexis publishes this unofficial (nongovernment) printing of all U.S. Supreme Court case law.

Question 33

Federal Reporter

Answer 33

The set containing all of the federal appellate decisions.

Question 34

Federal Supplement

Answer 34

The set containing the cases argued and determined in the United States District Courts, the United States Court of International Trade, and the rulings of the Judicial Panel on Multidistrict Litigation.

Question 35

Federal Rules Decisions

Answer 35

The set containing federal opinions, decisions, and rulings involving the Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure.

Question 36

specialized reporters

Answer 36

Collections of cases grouped by specific topics rather than by level of court or jurisdiction.

Question 37

official reporters

Answer 37

Sets of case law published by the government or the designee of the government.

Question 38

unofficial reporters

Answer 38

Collections of printed decisions that are not government publications.

Question 39

headnote

Answer 39

Editorial enhancement added to the front material of a case; useful summary of most of the legal topics addressed in the case.

Question 40

de-publish

Answer 40

In rare instances, a court will decide a case, write and release a decision, but before it is published in the official reporter, the court decides not to publish some or all of the case decision. A de-published case cannot be used as precedent.