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paralegal writing > Midterm review > Flashcards

Midterm review Flashcards

1
Q

What is federalism?

A

A system of government in which the people are regulated by both federal and state governments.

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2
Q

What does the Supremacy Clause state?

A

The Constitution is the supreme law of the land.

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3
Q

What are administrative agencies?

A

State and federal governmental bodies that create rules to implement laws. Ex. EPA, DEA, FBI, SEC.

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4
Q

What is case law?

A

A collection of reported cases.

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5
Q

Define common law.

A

Body of law developed through the courts.

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6
Q

What is a precedent?

A

The example set by the decision of an earlier court for similar cases or similar legal questions that arise in later cases.

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7
Q

What are trial courts?

A

Where cases originate and where the factual dispute is resolved at trial.

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8
Q

What is the role of an appellate court?

A

Error correcting court that reviews appeals from legal cases that have already been heard and ruled on in a lower court.

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9
Q

What is the highest court in state and federal government?

A

Supreme Court.

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10
Q

What is the primary function of the Supreme Court?

A

Ensures the American people the promise of equal justice under the law and functions as guardian and interpreter of the Constitution.

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11
Q

What powers do administrative agencies have?

A

Legislate, investigate, adjudicate.

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12
Q

Where are civil and criminal cases filed?

A

In the trial court.

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13
Q

What is the Illinois Appellate Court’s role?

A

Hears appeals from the Illinois State Trial Courts.

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14
Q

What is meant by stare decisis?

A

It stands decided; another term for precedent.

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15
Q

What happens if a party loses in the appellate court?

A

They can file a petition for ‘leave to appeal’ to the Supreme Court.

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16
Q

What is a legal researcher’s role as a paralegal?

A

Gathering facts, summarizing facts, conducting legal research, summarizing relevant law, drafting legal memoranda, checking citations.

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17
Q

What is an appeal?

A

Review of a lower court decision.

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18
Q

What is a cause of action?

A

The basis upon which a lawsuit may be brought to the court.

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19
Q

What does it mean to affirm a court decision?

A

To uphold the lower court’s decision.

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20
Q

What does ‘reverse’ mean in a legal context?

A

To change the lower court decision.

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21
Q

What is a petition in legal terms?

A

A formal written request to a court for a specific action.

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22
Q

Define mandatory authority.

A

Case law that must be followed by a court.

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23
Q

What is the difference between primary and secondary sources of law?

A

Primary sources contain the law itself; secondary sources explain or discuss the law.

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24
Q

What is IRAC?

A

Issue, Rule, Application/Analysis, and Conclusion; a method for legal analysis.

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25
What is the significance of judicial history in a case?
It explains the prior proceedings and what happened in the lower courts.
26
What is a motion in legal terms?
A request for an order from the court.
27
What is the role of an opinion in a court decision?
A written explanation by the court regarding its decision.
28
What does it mean to vacate a judgment?
To set aside a previous judgment; overturn.
29
What is the purpose of legal citations?
Special abbreviations used to describe resource material.
30
Fill in the blank: A _______ is a collection of reported cases.
Case Law
31
True or False: Decisions from trial courts create precedent that other courts must follow.
False.
32
What are sets of books containing either federal or state statutory law organized in a topical order called?
Codes ## Footnote May also contain copies of the federal or state constitution.
33
What is the Code of Civil Procedure?
The legal framework for how civil cases are processed through the legal system.
34
What is an Official Citation?
The citation to the official publication of case law for a particular jurisdiction, including the name of the case, volume number, first page, and year of the decision.
35
Define Primary Authority.
Resources that provide the actual law, such as constitutions, statutes, case law, and some administrative materials.
36
What is a Decision in legal terms?
The formal written resolution of a case explaining legal and factual issues, the resolution, and the law used.
37
True or False: An Opinion is sometimes referred to as a decision.
True.
38
What is Mandatory Authority?
Case law that must be followed by the court.
39
What is another term for Mandatory Authority?
Binding Authority.
40
Define Persuasive Authority.
Nonbinding case law that is nevertheless considered by a court.
41
Why does legal citation matter?
It alerts readers to the origin of the material and supports an attorney or judge's opinion.
42
What is a case?
A decision or opinion written by the court, designed to inform and instruct readers.
43
What sources do judges rely on when rendering a decision?
* The Constitution * Statutory Law * Administrative Regulations
44
How can case law be found?
* Case Law Reporters * Lexis and Westlaw * Internet * Regional Reporters
45
What are Case Law Reporters?
Sets of published volumes of cases decided by various courts.
46
What are Parallel Citations?
References to unofficial publications as well as the official citation for a case.
47
What is the United States Reports?
The official publication of all United States Supreme Court case law published by the federal government.
48
What does the Federal Reporter contain?
All of the federal appellate decisions.
49
What does the Federal Supplement include?
Cases argued and determined in the United States District Courts and rulings of the Judicial Panel on Multidistrict Litigation.
50
What is the Illinois statutory law?
Legislation passed by the Illinois General Assembly.
51
What are the Bill of Rights?
The first 10 amendments to the U.S. Constitution.
52
Define Statutory Law.
Law enacted through the legislative process.
53
What is a Bill?
Proposed legislation.
54
What is Legislative History?
The proceedings related to a bill before it becomes law.
55
What are Public Laws?
Laws enacted by Congress that affect the public in general.
56
What are Private Laws?
Laws enacted by Congress that affect only selected individuals.
57
What is a Slip Law?
The first publication of a law, usually in pamphlet form.
58
What is the Code?
A topical organization of statutes.
59
What is the main mission of the Legislative Branch?
To make laws.
60
How is Congress structured?
It is split into a House of Representatives and a Senate.
61
What are the requirements to be a member of the House of Representatives?
* Chosen every second year * 25 years of age * 7 years a citizen of the United States
62
What are the requirements to be a Senator?
* Composed of two Senators from each State * Chosen every six years * 30 years of age * 9 years a citizen of the United States
63
What role does the Vice President play in the Senate?
President of the Senate, but does not have a vote unless equally divided.
64
What powers does the Senate have?
The sole power to try all impeachments.
65
What is the Executive Branch headed by?
The nationally elected president of the United States.
66
What is the Commander in Chief responsible for?
Managing the day-to-day operations of government.
67
What is the term length for the President?
Four years.
68
What are the qualifications to be President?
* Natural born citizen * 35 years of age.
69
What powers does the President have?
* Commander in Chief * Grant pardons * Make treaties with other nations * Appoint department heads and ambassadors * Appoint federal judges
70
What is the Judicial Branch responsible for?
Judicial power of the United States.
71
What is the court of last resort?
The U.S. Supreme Court.
72
What is an Amendment to the Constitution?
A change or addition to the Constitution.
73
How many amendments are there to the Constitution?
27 amendments.
74
What distinguishes statutory laws from common law?
Statutory laws are created before disputes arise, while common law principles develop from court decisions.
75
What is the process for a bill to become law?
* Legislation Proposed * Bill Introduced * Bill Referred to Committee * Vote by Legislators * Action by other House * Executive Action
76
What does H.R. stand for?
House of Representatives.
77
What does S. stand for?
Senate.
78
What is the United States Code?
A consolidation of the general and permanent laws of the United States arranged topically.
79
What is U.S.C.A.?
United States Code Annotated, which provides case references.
80
What is U.S.C.S.?
United States Code Service, which provides case references.
81
What does C.F.R. stand for?
Code of Federal Regulation.
82
What does U.S. Const. refer to?
United States Constitution.

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