How to Read a Case and Understand Precedent Flashcards
caption
The heading of a case which includes the names of the parties, the name of the court issuing the opinion, the date of the opinion, and sometimes other identifying
information.
citation
Includes the name of a case, the name of the court that decided it, the year the case was decided, the reporter, and the page number on which the case starts in the relevant reporter.
shepardizing
Determining what other cases have overruled, distinguished, or otherwise
changed our understanding of a case. The term comes from leaflets indicating updates to cases that were first printed in the late 1800s by Frank Shepard.
petitioner
The party seeking to have the Supreme Court review a case, through a writ of
certiorari. Typically, the party that lost in the prior stage of the proceeding
respondent
The party against whom a petition is filed. In the Supreme Court, this is
typically the party who won the case in the court below and seeks to defend the judgment
majority opinion
An opinion that is joined by a majority of the judges on a court.
concurring opinion
An opinion by a judge who agrees with the majority on the outcome of
the case but disagrees with the majority on something or has something to add. Also called a “concurrence.”
dissenting opinion
An opinion by a judge who would have ruled differently than the
majority. Also called a “dissent.”
relief sought
The remedy the parties want in a case.
money damages
Money given to a party as a remedy for the harm they have suffered.
injunctive relief
A court order for someone to do something or refrain from doing something.
declaratory judgment
A remedy that is a mere statement of what the law is.
disposition
The court’s determination of what should happen in a case. It is an action and is
usually found in the last few lines of a majority opinion.
affirm
A disposition in which a court of appeals or supreme court leaves the judgment or ruling immediately below intact. However, the reasoning the court offers for that result may have changed.
reverse
A disposition in which a court of appeals or supreme court overturns the judgment
or ruling below, i.e., declares that the decision below was wrong. Similar to “vacate”
Remand
The case is sent back to the court below for further action.
holding
The legal rule announced by a case that could be used in future cases.
obiter dictum
Latin for “a remark by the way.” It is information in the opinion that is not
necessary for the opinion and does not have binding precedential value. Often called “dictum” for short or “dicta” in plural.
tort law
The branch of law relating to civil (as opposed to criminal) wrongful acts or
omissions. Torts give rise to a civil action or private lawsuit.
stare decisis
A Latin expression meaning “to stand by things decided.” Stare decisis is a principle that ordinarily requires judges to apply the reasoning from earlier decisions (precedents) so that later cases reach the same result as similar earlier cases decided by the
same court or a superior court.
public policy
An argument appealing to what is right, just, and promotes the public good.
Public policy arguments can be made in relation to what goals should be promoted through
statutes or regulation, or as a basis for determining when courts should exercise the use of
judicial power. One common usage of the phrase is that a contract should not be enforced
because it is “contrary to public policy.” (Note that this term’s meaning is more contextual
than many others we define here.)
slippery slope
An argument form where the arguer suggests that if a particular step is
taken now, it will inevitably lead to a very bad unwanted consequence later on
institutional competence
An argument that a certain kind of institution, most often courts, are ill-equipped to make certain decisions, and that such decisions should be made by another institution (e.g., legislatures or agencies).
counterfactual
Relating to or expressing what has not happened or is not the case
