Law - Vocabulary and Concepts Flashcards

Question

Briefing a case - Procedural Basis Briefing a case - Nature of Case Briefing a case - Legal Procedure

Answer 1

Briefing a case - Procedural Basis (Nature of Case, Legal Procedure) ## Footnote = a very short statement - ONE SENTENCE - to explain how and why the case is presented before the (appellate?) court. (you must know the legal procedure really well to do this, but this part of the case brief is of very little importance. However, if the case has enough info to do this, you must do it in a case brief).

Answer 2

Briefing a case - Procedural History (P/H) ## Footnote a. Lower court(s)' decisions b. Damages awarded c. Who appealed and why

Answer 3

Briefing a case - Reasoning Reasoning = 1. the court's analysis of issues 2. the court's application of law / legal principles to facts 3. syllogistic application of rules 4. (public) policy arguments to justify the holdings (why the decision was socially desirable)

Answer 4

Briefing a case - stmt of issue * The statement of issue s/b ONE SINGLE short SENTENCE, in form of YES or NO QUESTION. * To find the main issue, find the main principle of law applied * There is ONLY ONE MAIN ISSUE for a case * Sometimes, expressed issue may not be the main / most important

Answer 5

INCORRECT stmt of issue happens when the statement is _confined to the facts_ of the case and _does not articulate a legal principle_.

Answer 6

a CASE is any judicial or administrative PROCEEDING in which FACTs of a controversy are PRESENTED in technical legal form for decision-making. The object of such proceeding is to enforce rights and remedy wrongs. In a civil case, the PLAINTIFF is the party (an individual or a group) who initiates the case, and the DEFENDANT is the party (an individual or a group) who responds. In a criminal case, the government (usually a state) initiates the case. For example: a case of breach of contract, a case of car accident, a government prosecuting a crime.

Answer 7

a CASE is the OPINION and DECISION of an appellate court deciding appeals of a judicial or administrative proceeding. a CASE has 2 functions: 1) it authoritatively decides the particular controversy's outcome, and 2) it establishes a precedent (or possible precedent) for future controversies with similar facts and issues.

Answer 8

Case research - no citation ## Footnote 1. **Know the name**? --\> look up internet sources, LexisNexis, Westlaw 2. **Khow the jurisdiction**? --\> look up Table of Case or Digest in that jurisdiction, e.g. U.S.Supreme Court Digest, State Digest, Regional Digest 3. **Know the names of parties?** --\> look up Defendant-Plaintiff Table 4. **Recent case? -**-\> Look up advance sheets or Case Alert, online sources 5. **Famous case name** (but not known jurisdiction)? --\> Look up Shepard's cases, Cases by popular names, etc. 6. **Two or more cases same name?** --\> different stages of appeals --\> need citation for each court's opinion.

Answer 9

Citation - legal authority **ALWD**: Association of Legal Writing Directors **Bluebook**: The Bluebook: A Uniform System of Citation **Maroon book**: University of Chicago Manual of Legal Citation

Answer 10

Citation - parallel Citations to the same case appearing in different reporters are known as "parallel citations" We should give all the citations to a case. To find parallel citations, use * Shephard's Citations * West's Nat'l Reporter Bluebook * LexisNexis * WestLaw

Answer 11

Citation or Cite of a case ## Footnote Citation (cite) is a shorthand guide to location of the legal materials. Citation includes: volume, page, name of reporter, year case decided,(sometimes also) court name. Citation perches along (appears next to) the case name. Eeach reporter has an accepted abbreviation.

Answer 12

Citing a Statute (State) **Cal.Civ.Code §1942.5** = California Civil Code at Section 1942.5 **Cal.Civ.Code §1942.5 (West 1985)** = California Civil Code at Section 1942.5, published by West in 1985 (copyright date) **Cal.Civ.Code §1942.5 (West Supp. 2010)** = California Civil Code at Section 1942.5, published by West in 2010 in Pocket Parts **1970 Cal. Stat.ch. 1280 §5 p. 2316** = California Session 1970, Statute, Chapter 1280, Section 5, page 2316.

Answer 13

Citing a Statute (U.S.) **42 U.S.C. §3601** = Title 42, United States Code at Section 3601 (this is the Fair Housing Act of the Civil Rights Act of 1968) **42 U.S.C.A. §3601** = Title 42, United States Code _Annotated_ at Section 3601 **42 U.S.C.S. §3601** = Title 42, United States Code _Service_ at Section 3601 **42 U.S.C.A. §3601 (West 2006)** = Title 42, United States Code Annotated at Section 3601 (Westlaw 2006 edition) **82 Stat. 81** = Volume 82, of _Statutes at Large_, page 81 (usually for recent cases, not yet published to U.S.Code) **Pub. L. No. 90-284** = 284th Act, of 90th Congress (usually earliest appearance / as a _Slip Law_)

Answer 14

in Civil case, we need PREPONDERANCE OF EVIDENCE to win. (Preponderance = superior in weight or force or numbers, i.e. very strong) [pri-PON-der-uh nt]

Answer 15

CIVIL Law covers actions between PRIVATE PARTIES. Sometimes the government can be a party in a civil law suit, but mostly for non-criminal reasons.

Answer 16

The civil law system is used in many countries rather than the U.S., England and England's former colonies. The main difference between the Civil Law system and the Common Law system is that, in the Civil Law system, the judge's decisions in cases do not become precedents and cases do not accumulate into case law. (The Socialist Law system is similar to the Civil Law system but Marxist conceptions).

Answer 17

If there is a possibility of JAIL or Imprisonment, the case is likely CRIMINAL. Exception: Civil contempt when a person refused to answer questions directed by a court legislature can also lead to imprisonment.

Answer 18

1. Common Law = adopted English common law 2. Common Law = accumulation (collection) of court decisions (in contrast to statutory law = the acts passed by the legislatures).

Answer 19

Res Judicata & Stare Decisis

Answer 20

Res Judicata: . a thing which has been adjudicated, a particular claim is finalized by a court (including appeals) with jurisdiction over the claim and the parties. . the court's judgement is final; the parties cannot re-litigate. This doctrine of res judicata bars endless re-litigation; and is strictly applied by the court. Stare Decisis: . stand by the decision, uphold the previous rulings or precedent for future cases with similar facts and issues in the same or inferior courts within a particular jurisdiction. . provide justice by CONSISTENT, COHERENT, AND PREDICTABLE treatment of like cases

Answer 21

the Common Law System: - originated in English hundreds of years ago - earlier cases became precedents for later cases with similar facts and issues - these cases accumulated into a vast body of case law the Common Law System is used in England, in the U.S., and former English colonies In the old time, the Common Law system was primarily judge-made case law. Today, the Common Law system incorporates both cases and statutes.

Answer 22

- a Constitution is the fundamental POLITICAL and LEGAL CHARTER of people of a particular state or nation. - a Constitution is the FUNDAMENTAL LAW of the land. It defines the character of government by SPECIFYING the NATURE and EXTENT of the sovereign power, by DISTRIBUTING the power (i.e. separation of power), and by PRESCRIBING the basic principles of the exercise of this power by governmental branches. - a Constitution also enumerates the basic rights of the people (a Bill of Rights). - In the US, there are 3 branches: the executive, the legislative, and the judicial.

Answer 23

Court Reporters - federal cases ## Footnote **Federal Supreme Court decisions**: official reporter = United States Reports; unofficial reports = various West's Natl Reports. e.g. Supreme Court Reporter, US Supreme Court Reporter, Lawyer's edition, US Law Week, Westlaw, LexisNexis **Feederal Apellate Court decisions**: NO official reporter. Unofficial reporters: Federal Reporter, Federal Appendix, Westlaw, LexisNexis **Federal District Court decisions**: NO official reporter. Various Unofficial reporters: Federal Reporter, Federal Supplement, Westlaw, LexisNexis, US Law Week. **Federal Specialty Courts** (Tax Court, Int'l Trade, Federal Claims) publish their own cases. And West, and BNA, CCH, etc. publish cases as well. **Bankruptcy Court**: West publishes the Bankruptcy Law Reporter **Federal Rules**: West publishes the Federal Rules Decisions, Federal Rules Services

Answer 24

If the govt publishes the court opinion or authorizes its publication, it is called OFFICIAL REPORT If a private company, without official authorization, publishes a court report, it is called UNOFFICIAL REPORT. In actuality, no real difference. Same opinion, just different text.

Answer 25

TRIAL COURT -- APPELLATE COURT -- HIGH COURT or SUPREME COURT

Answer 26

**Federal Court system:** **Federal DISTRICT COURT = **Lowest court = trial court . At least one in every state; some states may have several. More than one judges can sit on a federal district court. 94 total in the countries (4 in California) **13 Federal Courts of Appeals**, called **Circuits**. These courts cross statelines. There are many judges in a federal court of appeal. Usually 1 to 3 judges can hear an appeal. If entire court's judges or many judges hear an appeal, an appeal is called heard "**an banc**". A decision by the court of appeal is a **binding precedent** for all district courts within that circuit, but only persuasive for courts outside that circuit. **Supreme Court of the U.S.** - the highest court of the country. It has 9 justices. When it agrees to hear a case, it grants "**certiorari**" (or "certi").

Answer 27

In Criminal case, we need to present evidence BEYOND A REASONABLE DOUBT to win.

Answer 28

_2 encyclopedias of American Law_: - Corpus Juris Secundum (by West) **C.J.S.** : has indexes & key numbers - American Jurisprudence 2d (by West): Similar to C.J.S. but with keys to American Law Report (**A.L.R**. )

Answer 29

In the U.S., equity courts are intergrated with regular law courts.

Answer 30

Federal Codes - Annotated / Service U.S.C.A. = WestLaw U.S.C.S. = Mathew Bender / LexisNexis Both - - Organize by titles - Cross-reference to related statutes & constitutional provisions - Reference to History of Statute - Reference to Code of Federal Regulations (C.F.R.) - Topic numbers to do research

Answer 31

Federal Codes - Annotated/ Unannotated 1. Federal Codes = govt published - in United States Code (**U.S.C.**) 2. U.S. Code Annotated = by West (**U.S.C.A**.) 3. U.S. Code Service = by LexisNexis (**U.S.C.S.**) 4. Annotations help: * to know Citations of Statute * how the Statute has been interpreted / applied to cases * whether Statute is applicable to your case 5. Annotations = (short pararaphs) written by editors of publishers 6. Annotations = lead to cases, but you must read the case to determine how the statute applied to the facts of the case.

Answer 32

Federal Rules & Court Guidelines ## Footnote **In** both **U.S.C.A. and U.S.C.S**., you can find **rules to bring or defend a federal action**. For example, civil procedulre, appellate procedure, criminal procedure, et cetera. **Federal Local Court Rules** (West) = current local court rules of District Courts & Courts of Appeals **Federal Court Guidelines** (Aspen Publishers/ Wolters Kluwer & ABA) - rules of practice procedures, policies of district court judges, bio & contact info for judges LexisNexis and other internet sources

Answer 33

Two FUNCTIONS of a CASE from an appellate court are: 1. It authoritatively decides the outcome of a particular controversy. (The plaintiff and defendant are interested in this function as it determines their rights and duties). 2. It establishes a precedent (or a possible precedent) for future controversies with similar facts and issues. (Law students should focus on this 2nd function - which is the PRECEDENT-SETTING function).

Answer 34

1. Dispute-settling 2. Maintaining-order and protecting 3. Setting predictability and regularity for legal framework 4. Regulating government 5. Protecting citizens against unfair or excessive government 6. Protecting people against unfair or excessive private power 7. Assuring people an opportunity to enjoy the minimum decencies of life 8. Ethical or moral functions 9. Reasonable view (fairness and social reasonableness)

Answer 35

A writ of habeas corpus Latin for "that you have the body." A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person's imprisonment or detention is lawful. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody. It can also be used to examine any extradition processes used, amount of bail, and the jurisdiction of the court.

Answer 36

Must read the case's decision, DO NOT only read the Headnotes. The editors of the Headnotes do not discriminate between Precedent (holdings) and Merely Advisory / Helpful (dicta) principles of law.

Answer 37

Headnotes - of a case report ## Footnote Headnotes explain the principles of law in the case. The Headnotes are written by editors of the reporter company, e.g. West.

Answer 38

**Jurisdiction** is the **authority a court has** over a case and the people and property involved.

Answer 39

**Appellate Jurisdiction: **Courts of appeals and supreme courts have Appellate Jurisdiction

Answer 40

**Original Jurisdiction** is the court that *first hears* the case. (usually is the Trial Court) Supreme Court of the U.S. may have "orginal jurisdiction" if a case is between two states.

Answer 41

A Jury - - decides on the facts of a case - reaches a decision (a verdict)

Answer 42

Jury Instructions are the **Trial Judge's directions** on the l**aw principles applicable** to the case, _after evidence was presented_.

Answer 43

Key number - of a case report ## Footnote West divides **topics** into **key numbers**, representing specific legal concepts. In each case, principle of law will be incorporated into a Key Number. This help researchers to find similar cases with similar principles of law under the same key numbers.

Answer 44

1. Legislative branch: main role is to make the law. 2. Courts (Judicial branch): can also make the law by - * Interpreting a provision (or a statute), explaining what it means, and applying it to a case * Declaring a statute unconstitutional * Basing decision on principles not in any statutes. 3. Executive branch: makes law by - * Rules and regulation to implement legislation * Adjudicating and resolving disputesfor parties under its regulation * President and state government to issue executive orders and proclamations * Executive decisions may be reviewed and/or challenged by courts.

Answer 45

Law Reviews & Periodicals (2nd'ary): - Legal Periodicals = offers faster current information - Legal Periodicals, Law Reviews & Journals = abreast of current development of the law. LegalTrac, Legal Resource Index, Current Law Index, etc.

Answer 46

Law is a process of legal reasoning for decision-making about particular controversies.

Answer 47

Legal Encyclopedia = general outlines of law v. Treatises: = one area of law in detail -------------------------------------- Legal Encyclopedia = provide general info = to follow up to primary sources (cases, statutes, regs) Legal Encyclopedia = should _not_ be used as final artiber of the law (i.e. should not be cited) _2 encyclopedia of American law + 15 state encyclopedias_ - Corpus Juris Secundum - American Jurisprudence

Answer 48

To do legal research, remember 3 things: 1. the division between the Federal and State Govt. **Is it a state or a federal law problem?** (or even a municipal or county problem?) 2. The separation of 3 branches of govt **Which branch of govt is involved with the problem?** More than one branch involved? 3. **Must check both Federal and State statutes.** Must check more than just the U.S. Constitution, but also Legislations.

Answer 49

Legal Research - Recently passed statute - How to find? 1. *Most laws don't take effect until the year following passage.* Check **Statutes at Large.** 2. Most **yearly supplements** (U.S.C.A. - **Pocket Parts,** or U.S.C.S. - **Suppl. Pamphlets**, or U.S.C. **Supp. Books**) are enough, or... 3. **Slip laws** (of U.S. Statutes at Large) = a law is passed, published in entirety, distributed to Libraries. Slip laws are bound into U.S. Statutes at Large at the end of congressional session. 4. **U.S.C. Congressional / Admin News** (West): Instant monthly - bound at end of year 5. **U.S.C.- Cumulative Later Case & Statutory Svc** (LexisNexis) similar to West - Instant monthly, bound at year-end. 6. **Congressional Index** = CCH - Commerce Clearing House 7. LexisNexis - **Legislative Histories** database; 8. Westlaw - **Bill Tracking** database 9. Various internet sources. e.g. **http://thomas.loc.gov** 10. www.house.gov, or www.senate.gov

Answer 50

Legal Research - Steps 1. Check the STATUTES. 2. Check CASE ANNOTATIONS (How the courts have interpreted & applied the statute) ---\> to determine if the statute applies to your case. 3. Check both Federal and State Statutes 4. Check cross-reference to Related Statutes, Citations

Answer 51

Legislative Intent is the collection of the thoughts of the law makers who passed the law. Legislative Intent and Legislative History --\> judge may use to decide how to interprete a statute

Answer 52

Martindale-Hubbell Law Digest (2nd'ary) = by LexisNexis This Digest provides a summary of law in each state

Answer 53

**Ordinances** = laws passed by Municipals and Cities Ordinances = codified but _not_ annotated Check **Municipal Code** If interpreted, --\> Check State Digest, or Shepard's State Citations, or West's Ordinance Law Annotations

Answer 54

a Persuasive Precedent means - - a decision of a court in a prior case MAY BE accepted OR rejected even though the facts and issues in the new case are similar. - usually this happens because the court of the prior case is in a different jurisdiction than the court of the new case. (For example, a California precedent is merely persuasive, and not binding, in a New York court).

Answer 55

**Precedent:** from the doctrine Stare Decisis; courts should uphold to precedents set by earlier decisions allows for PREDICTABLILITY in legal actions The law attempts to forge legal priciples and apply to certain _factual_ situations so that people can 'predict" how the courts will act. _FACTS are important in applying precedent. _A few changes in facts can make difference whether the same principle of law will apply.

Answer 56

A lower court must follow its own earlier decisions, and also the rulings of higher courts *within its jurisdiction. * Courts of _the same level_ are _not_ bound by each other's decisions. All federal courts must follow the rulings of the U.S. Supreme Court. All state supreme courts must follow the rulings of the U.S. Supreme Court if the decision involved the interpretation of the U.S. Constitution.

Answer 57

"**pro se**" means someone who represents himself in a legal procedure without the aid of an attorney.

Answer 58

Procedural Laws are Rules about **court procedure**. It guarantees both plaintiff and defendant rights to a fair and proper hearing under the Constitution.

Answer 59

a Regulation is LEGAL RULE - authorized by a statute and - issued by an executive agency - for the governance of matters within the authority of the agency Regulations are used to enforce the statute and are more specific than the statute.

Answer 60

Res Judicata: . a thing which has been adjudicated, a particular claim is finalized by a court (including appeals) with jurisdiction over the claim and the parties. . the court's judgement, and the factual and legal issues underlying it, are considered conclusively decided and MAY NOT BE RE-LITIGATED BY THE PARTIES.

Answer 61

Small Claim Court - - "people's court", or "pro se courts" - limit to small $ amount ($5000 or less usually), (sometimes can be up to $10K, for example, CA Small Claims Court) - only civil cases, no criminal cases - no jury trial - Simple procedure, low filing fees, no formal paper, usually no lawyers (or no lawyers allowed).

Answer 62

Researching the Federal Codes - How to? ## Footnote use: Descriptive words, text entry, table of content, key terms **Online method**: Westlaw, LexisNexis, Internet Sources. Better to use Key Terms; may need to refer to Hard-Copy Index First **Index method**: U.S.C.A. and U.S.C.S. **Topic method**: Go direct to the specific code / chapter - Faster, but may be too narrowed. Index method offers more results. **Popular Name** method: if you know the name of the legislation --\> look it up in _Table of Index_ in general volume, or _Shepard's Acts and Cases_ by Popular Names, or _Federal and State Table of Acts_ by Popular Names **Cross-Reference**: Reciation of statute, related statutes, constitutional provisions

Answer 63

Researching the State Codes - How to? ## Footnote \*\*Cautious, check alll possibilities of statutes\*\* Each state has own code; formats differ. States publish, and so do WestLaw and LexisNexis **State Sets of statutes** are _Chronologically_ arranged. **Yearly supplement** are published in Advanced Sheets or Slip Laws **LARMAC** (Matt Bender/LexisNexis) - California State Code Annotated **http://thomas.loc.gov**

Answer 64

- Economic / material interests - Social institutions (religious, educational, corporations, associations, lobbies) - Climate of opinion (habits, ideas, social tradition) - Human factors (inertia, resistance to change, greed, prejudice, ignorance, altruism)

Answer 65

discussion of a case, must know facts, rulings, and rationale of court's decision.

Answer 66

Statutes Cases State and federal institutions Regulations

Answer 67

**Sources of recent scholarship (2nd'ary)** - **SSRN** = Social Science Research Network: legal research, working papers, review articles - ** Legal Blogs **(blawgs): by professors or practitioners - **Online publication**: http://www.bepress.com (Berkeley Electronic Press) - **Daily law journals**: court dockets, state & fed trial calendars **- Digests** = simply collection of principles derived from cases; no discussion of the law in detail.

Answer 68

Stare Decisis is a Law doctrine that rules a court to uphold previous rulings, decision, or precedent. It serves - 1. Meaning of JUSTICE: like treatment for like cases 2. Consistent, continuous,coherent BODY OF CASE LAW 3. reasonable PREDICTABILITY for lawyers and clients 4. Judges can build upon past experiences, eliminating the need to reconsider old rules in each new case 5. Fetter the choices and discretion of judges and juries within a framework of law rather than the rule of whim, bias, arbitrariness, or paternalism.

Answer 69

a STATUTE is a particular law, or a body of **laws**, **enacted by a state or federal legislature,** in conformity with the procedures required by its constitution. Procedures usually include majority vote by a legislative body and approval by the governor or President. Examples: federal or state penal (criminal) codes, state commercial codes, the internal revenue code, state vehicle codes, or regulation of securities transactions.

Answer 70

STATUTE - How a law is made? 1. a **Bill** is _introduced_, and _numbered_ in a session of legislature. 2. _If not passed,_ must be _re-introduced_ and _re-numbered_ in the next session. 3. S = Senate Bill; H = House (of Reps) Bill 4. a Bill becomes law if passed by legislature and signed by a governor (state) or President (federal). 5. If executive leader vetoes, can STILL become law if 2/3 of legislature passage. 6. _If executive leader neither signs nor vetoes_, _automatically_ becomes _law after 10 days_ arriving at the exectutive desk. 7. Many laws do _not_ take effect _until the year following_ passage. 8. _Most laws are public_. Very few are private. Private law = only applicable to specific individuals or groups.

Answer 71

STATUTEs 1. an Act is passed =\> becomes a Statute =\> published **_chronologically_** 2. Federal Statutes: published in U.S. Statutes at Large 3. State Statutes: in State's session laws CODEs 4. Codes group / codify the laws under specific titles. ==\> to facilitate researches.

Answer 72

Substantive Law is the law that defines the rights and duties of people. (It is "the law" we usually think of. When we say someone "broke the law", likely we refer to substantive law.)

Answer 73

**- U.S. Statutes at Large** publishes _ALL LAWs_ (public and private), in Chronological Order. - Statutes at Large = usually **Recent Statutes**, _not yet codified._ - Statutes at Large = in _Chronological_ order - Private laws are usually not codified. - Parallel citations btwn Codes and Statutes at Large -\> published in the Annotated Codes.

Answer 74

Supreme Court or High Court is a higher appellate court. It can - - review the decisions of intermediary appellate courts - decide which cases it wants to hear - limit itself to very important cases that * develops new principles of law * resolves disputes between intermediary appellate courts * interprets the state or federal Constitution

Answer 75

Supreme Court - US - is the highest court of the country. It can choose the cases. If it hear a case, it grants "certiorari" or "certi". 4 justices must agree to grant a "certi". All 9 justices hear a case. A decision by the U.S. Supreme Court is binding for all federal courts. A decision by the U.S. Supreme Court on the U.S. Constitution is binding for all states.

Answer 76

**Treatises**: - offers in-depth analysis of one area of law - important cases, authorities, expert commentary - one or multivolumed; one aspect of law (tenant-landlord) or one broad tract of law like torts; one state or entire country Check for treatises in - a. **Updating treaties**: new cases, statutes, regs, etc. b. **Hornbooks**: treatises condensed to one volume for law students c. **Gilbert Law Summaries**: study aid, concise area of laws for students

Answer 77

- a Trial Court (federal or state) consists of a judge WITH or WITHOUT a jury. - a Trial Court performs 4 basic functions: 1. FACT-FINDING: it determines the facts that are in conflict in particular controversies; the facts are brought before the court in technical legal form. It determines which witnesses are credible and which not. It determines the factual event: who, what happened, when. 2. LAW-FINDING: it determines which law or laws are applicable to the facts presented 3. LAW-APPLICATION: it applies the rules to the facts to decide specific dispute. The result is a judgement of the court (a decision of the controversy) 4. It APPLIES PRESCRIBED PROCEDURES in pre-trial, trial, and post-trial.

Answer 78

Trial Court: either Court of General Jurisdiction OR Court of Limited Jurisdiction - Court of General Jurisdiction: can decide any civil or criminal cases - Court of Limited Jurisdiction: decide only specific types of cases. For example, Traffic Court, Family Court, Bankruptcy Court, Probate Court (will, estates), or Criminal Court. - Court of General Jurisdiction can be called : the Superior Court, or Supreme Court (of a state). Or it is also called a Circuit Court or a District Court - Trial Courts are part of a court system in each state, or part of a national federal court system, i.e. The U.S. District Court

Answer 79

Civil Law - Criminal Law Substantive Law - Procedural Law

Answer 80

U.S.C.A. / U.S.C.S. - Yearly supplement ## Footnote U.S.C.A. = U.S.Codes Annotated (WestLaw) --\> yearly Pocket Parts about revised statutes U.S.C.S. = U.S. Codes Service (Matthew Bender/LexisNexis) --\> Yearly Pamphlets about revised statutes Revised Statutes = revision, deletion, repeal

Answer 81

West's Natl Reporter System started in late 1800's; has 7 regional reporter districts. 7 reporter regiional districts are NOT the same as the 13 circuit of federal courts.

Answer 82

Jury's nullification means the juries have the power to acquit when they have strong reasons (or conscience) to depart from the law laid down. Curent legal opinion does not favor the instruction for the jury to use nullification power. However, early in our history, the jury was legally the final arbiter of both the law and the facts.

Answer 83

Life Tenure - judge - who? ## Footnote Most states' judges have termed tenure. Article III - Federal judges: have life tenure Non-Article III Federal judges: have termed tenure

Answer 84

U.S. Supreme Court - appointment: The President works with Senate (not House of Representatives). The President nominates a person. The Senate approves that person to become a Justice in the U.S. Supreme Court.

Answer 85

Citation verification: Use Shephard's citation to verify updates of cases. \*(or Lexcite of LexisNexis)

Answer 86

Federal Register is to Regulations what Statutes at Large to Statutes. Federal Register contains all Regulations in _chronological_ order (before being codified). Federal Register is updated _daily_. After codified, the Regulations are published in C.F.R. (Code of Federal Regulations)