Common Law Process Flashcards
0
Q
Cases of First Impression
A
cases that are new in a jurisdiction, never been litigated. - other jurisdictions might provide cases with persuasive authority.
1
Q
Binding authority
A
case decided by that court or a higher court in the jurisdiction.
2
Q
Holding
A
Judgement + material facts of the case
3
Q
Decision Process
A
isolate the issue, identify the controlling rule, decide if the facts meet the requirements of the rule.
4
Q
Where do Rules Come From?
A
- common law
- enacted law
- private documents (contracts, deeds, leases)
5
Q
Dicta
A
non-binding statements that illustrate the extent of a decision - persuasive authority.
