Chpt 3 Flashcards
A case
is a decision, sometimes called an opinion, written by a judge (the court).
dissenting opinion
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.
concurring opinion
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.
official citation
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.
style manual
A manual illustrating the proper citation format for a particular state.
primary authority
The resources that provide the actual law; laws are found in constitutions, statutes, case law, and some administrative materials.
decision
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.
opinion
A decision is sometimes referred to as an opinion.
stare decisis
“It stands decided”; another term for precedent.
precedent
The example set by the decision of an earlier courtfor similar case or similar legal questions that arise in later cases.
mandatory authority
Case law that must be followed by a court.
binding authority
Another term for mandatory authority.
persuasive authority
Nonbinding case law that nevertheless is considered by a court.
dictum
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.
double jeopardy
Clause in the U.S. Constitution that generally prevents the government from trying a person more than once for the same offense.
Petition for writ of mandate
A request that the appellate court order the lower court to do something or to refrain from doing something
Petition for writ of habeas corpus
A request that the court order the release of one who is imprisoned or otherwise confined
affirm
To uphold: in connection with an appeal to uphold the lower court’s decision.
reverse
To change.
remand
To send back.
motion
A request for an order from the court.
regional reporters
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.
A Uniform System of Citation
A reference manual; it contains the rules for proper citation format; often called The Bluebook.
case law reporters
Sets of published volumes of cases decided by various courts.
parallel citations
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.
United States Reports
Official publication of all United States Supreme Court case law; published by the federal government.
unofficial publication
Material not published by a government entity or a government designee.
editorial enhancements
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.
digest topics
Topics included in an index (digest) to reported case law, arranged by subject.
key numbers
A research aid unique to the West Group materials; these numbers allow a researcher to quickly access specific material in a digest.
Supreme Court Reporter Printed by West,
this is an unofficial publication of all United States Supreme Court case law.
Lawyers’ Edition
LexisNexis publishes this unofficial (nongovernment) printing of all U.S. Supreme Court case law.
Federal Reporter
The set containing all of the federal appellate decisions.
Federal Supplement
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.
Federal Rules Decisions
The set containing federal opinions, decisions, and rulings involving the Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure.
specialized reporters
Collections of cases grouped by specific topics rather than by level of court or jurisdiction.
official reporters
Sets of case law published by the government or the designee of the government.
unofficial reporters
Collections of printed decisions that are not government publications.
headnote
Editorial enhancement added to the front material of a case; useful summary of most of the legal topics addressed in the case.
de-publish
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.
