Intro to the Study of Law Flashcards
Cause of action
A claim that based on the law and the facts is sufficient to support a lawsuit.
Fact bound
When even a minor change in the facts can change the outcome.
Legal research
The process of finding the law.
Legal reasoning
The application of legal rules to a client’s specific factual situation; also know as legal analysis.
Stare decisis
The decision stands. The doctrine stating that normally once a court has decided one way on a particular issue in the past, it and other courts in the same jurisdiction will decide the same way on that issue in future cases given a similar set of facts unless they can be convinced of the need for change.
Precedent
One if more prior court decisions.
Analogous
Similar
Distinguishable
Different
Litigation
A lawsuit; a controversy to be settled in court.
Pleadings
The papers that begin a lawsuit - generally, the complaint and the answer.
Discovery
The modern pretrial procedure by which one party gains information from the adverse party.
Legal writing
Examples of legal writing include case briefs, law office memoranda, and documents filed with the court.
