Random Need to Knows Flashcards
to memorize
What is Stare Decis?
A seminal case (landmark case), which is defined as a doctrine that dictates how a court should decide similar cases similarly (think precedent)
What is a Primary authority? (And give examples)
Case Law, Statutes, Constitution, Treaties, Regulations
Binding!!
Think parents. (Think hierarchy)
What are examples of Secondary authority?
Journals, Encyclopedias, Restatements, Headnotes, Newspaper
Not binding!!! Think neighbors (territory)
What is Primary authority?
The Law (Mandatory)
What is Secondary authority?
Supports the law, or talks about the law (Secondary)
What are examples of a Secondary source? Be Specific!
New York Jurisprudence - NY Jurs., American Jurisprudence - Am. Jur., Corpus Encyclopedia - CJS, Mckinneys, Consolidated Law Services - CLS,
When do you cite Secondary Sources?
Never
What does a secondary source do?
Persuades or is persuasive for the law
What does a primary source do?
Is the law, so it gives you a starting point of knowledge
What is the best reason to read cases in the unofficial reporter?
You can use headnotes and key numbers to locate cases in the NY Digest
What is a good way to determine whether there is a NY Statute on point (relevant)?
Check the general index of McKinney’s.
What is the best place to start your research if you know nothing about this area of law, the state is NY?
New York Jurisprudence
What type of case makes sense to read first when you begin research?
The case from the highest court
How are headnotes relevant, or helpful, to finding information?
They lead you to more cases
Where would you first look to find the definition of the term, “joint author”?
The definition section of the appropriate statute.
Where is the best place to look to see whether other states have adopted the same test as NY for an issue?
A.L.R - because its broken up by issue
You want to find mandatory authority for a federal issue, who is the best authority?
United States Supreme Court
You’re researching a NY issue, and find a case cited for a similar NJ issue, what type of authorities would the case for NJ be?
Primary and Persuasive, Primary because its case law, but persuasive because its NJ law and not NY law
Where would you look to find a NY Statute?
Consolidated Law Services. - CLS
Where can you go to with legal questions for other jurisdictions?
Sources of American Law
What is a holding?
The rule of law.
What is the official report
It’s just the case
What is the unofficial report?
(within the case brief or resource)
It’s all the headnotes, research tools. The opinion is the same exact opinion.
How many NY court of appeals.
4
