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Basic Legal Research and Writing > Terminology > Flashcards

Terminology Flashcards

1
Q

Analogize

A

to take the facts, rationale or argument of a written decision and explain how the argument relates to your case

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2
Q

citation

A

a reference to a legal precedent or authority such as a case, statute or treatise

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3
Q

citators

A

a tool used in legal research to update legal authorities by listing their subsequent history and treatment

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4
Q

civil law

A

The body of law defining offenses against the community at large,
regulating how suspects are investigated, charged and tried, and
establishing punishment for convicted offender

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5
Q

criminal law

A

the body of law defining offenses against the community at large, regulating how suspects are investigated, charged and tried, and establishing punishment for convicted offenders

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6
Q

court rules

A

Rules that control the operation of the courts and the conduct of the litigants appearing before the court

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7
Q

digests

A

a case finding tool that organizes cases by subject and within each subject, provides summaries of cases that discusses the law on that subject

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8
Q

distinguishing an authority

A

Taking the facts, rationale or arguments of a written decision or other primary authority and showing the differences between that authority and your case, even id on the surface they seem similar

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9
Q

index

A

an alphabetical listing of items (topics of names) available in the resource along with an indication of where each item may be found within the work

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10
Q

hypothetical

A

discussion of a legal principle based on a fictitious or assumed set of facts

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11
Q

moot court

A

a fictitious court held, usually in law schools, to argue hypothetical cases, especially at the appellate level

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12
Q

persuasive authority

A

authority that carries some weight but is not binding on a court

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13
Q

pinpoint citation

A

the page on which a quotation or relevant passage appears, as opposed to the page on which a case or article begins

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14
Q

procedural law

A

rules that describe the steps for having a right or duty judicially enforced, as opposed to the law that defines the specific rights and duties themselves

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15
Q

relevance

A

relation or pertinence to the issue at hand

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16
Q

relief

A

the compensation or benefit that a party asks of another party, sometimes received through settlement and other times through received through the courts

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17
Q

respondent

A

the party against whom an appeal is taken (appellee); the party against whom a motion or petition is filed

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18
Q

Socratic method

A

a technique of law school instruction, whereby a professor questions one or more students, building on each answer with another question

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19
Q

substantive law

A

the part of the law that creates, defines and regulates the rights, duties and powers of parties

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20
Q

uniform laws

A

an unofficial law proposed as legislation for all the states to adopt exactly as written, the purpose being to promote greater consistency among the states

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21
Q

primary legal authority

A

authority that issues directly from a lawmaking body such as constitutions, legislation, regulations and the reports of litigated cases (court opinions) among others

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22
Q

primary authority

A

authority issued from a non-lawmaking body that must be followed by the individuals/entities covered by the organization

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23
Q

secondary legal authority

A

authority that explains the law but does not itself establish the law, such as a treatise, annotation or law review article among others

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24
Q

mandatory (binding) legal authority

A

a primary legal authority that is binding on a court

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25
Q

persuasive legal authority

A

a primary legal authority that is not binding on a court, but the court may still rely on the authority when making its determination or a secondary authority

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26
Q

federal jurisdiction

A

a federal court’s power to hear matters

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27
Q

state jurisdiction

A

a state court’s power to hear matters
Table of Contents: usually located at the beginning of the work, it provides a list of chapters/sections within the work, often in outline form, and the page numbers where the topics and chapters begin

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28
Q

regulation

A

a primary authority that stems from the executive branch

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29
Q

appeal

A

to seek review by a higher court

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30
Q

appellate

A

one who brings the appeal of the lower court decision

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31
Q

appellate briefs

A

written argument submitted to the appellate court system in support of your position on appeal

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32
Q

appellee

A

one against whom the appeal is brought and must respond to the appeal

33
Q

case

A

generally used in law to refer to the written decision of the court

34
Q

case law

A

all reported decisions within a jurisdiction. May consist of common law decisions as well as judicial decisions interpreting statutes, regulations, constitutions, etc.

35
Q

case reporters

A

court opinions are gathered together and published in chronological order in print

36
Q

common law

A

the body of judge-mad law having no basis in statutes

37
Q

concurrence

A

a vote cast by a judge in favor of the judgment reached, often on grounds different from those expressed in the opinion explaining the judgment

38
Q

defendant

A

a person sued in civil proceeding or accused in a criminal proceeding

39
Q

dicta

A

a comment by a court that is unnecessary to a decision and therefore not precedential

40
Q

dissent

A

a disagreement with the majority opinion; opinion by one or more judges who disagree with the decision reached by the majority

41
Q

federal district courts

A

the trial court level in the federal court system

42
Q

federal circuit courts

A

the appellate court level in the federal court system

43
Q

headnotes

A

a brief summary of a specific point of law decided in a case

44
Q

Illinois circuit courts

A

the trial court in the Illinois state court system

45
Q

Illinois district courts

A

the appellate court level in the Illinois state court system

46
Q

immediate appellate courts

A

appellate courts are in the middle of the judicial hierarchy in a jurisdiction, they are considered the intermediate court

47
Q

judge

A

a public official appointed or elected to hear and decide legal matters in court

48
Q

judiciary

A

he branch of government responsible for interpreting the law and administering justice; a body of judges

49
Q

justice

A

a judge, especially of an appellate court

50
Q

litigator

A

a lawyer who prepares cases for trial as by conducting discovery and pretrial motions, trying cases and handling appeals; a trial lawyer

51
Q

litigation

A

the process of carrying on a lawsuit; the lawsuit itself

52
Q

litigant

A

a party of a lawsuit

53
Q

majority opinion

A

an opinion joined in by more than half of the judges considering a given case

54
Q

minority opinion

A

an opinion by one or more judges who disagree with the decision reached by the majority

55
Q

official reporter

A

the governmentally approved publication reproducing reported cases within a given jurisdiction

56
Q

parallel citation

A

an additional reference to a case that has been reported in more than one reporter

57
Q

petitioner

A

a party who presents a petition to a court or other official body, especially when seeking relief on appeal

58
Q

plaintiff

A

the party who brings a civil suit in a court of law

59
Q

precedent

A

a decided case that furnished a basis for determining later cases involving similar facts or issues

60
Q

stare decisi

A

to stand by things decided”, and American legal system doctrine of precedent under which it is necessary for a court to follow earlier judicial decision when the same points are again in litigation

61
Q

supreme court

A

this is the court of last resort, or highest court in the judicial hierarchy

62
Q

table of authorities

A

the list of primary authorities and secondary authorities relied upon in the document you are viewing

63
Q

trial courts

A

trial courts are at the bottom of the judicial hierarchy in a jurisdiction

64
Q

unofficial reporter

A

the private publications reproducing the reported decisions within a given jurisdiction

65
Q

code

A

the subject arrangement of the laws or regulations of a jurisdiction

66
Q

annotated code

A

a publication of all the laws of a jurisdiction organized by subject mater which contains research references that include summaries of cases or citations to secondary sources that discuss that particular law

67
Q

federal stature

A

written laws passed by Congress

68
Q

legislative history

A

he proceedings leading up to the enactment of a statute

69
Q

session laws

A

a body of statutes enacted by a legislature during a particular annual or biennial session; the books containing these statutes

70
Q

state statute

A

written laws passed by the state legislature

71
Q

statute

A

a law passed by a legislative body

72
Q

statute at large

A

an official compilation of the acts and resolutions that become law from each session of Congress

73
Q

statutory annotatinos

A

used to refer to brief summaries of court decisions interpreting and applying statutes as well as summaries of secondary materials referencing the statutory section

74
Q

unannotated code

A

a publication of all the laws of a jurisdiction organized by subject matter

75
Q

American law reports

A

a secondary source that publishes articles that summarize the case law across jurisdictions dealing with a particular legal topic

76
Q

legal encyclopedia

A

a secondary source that provides a general overview of the law on a variety of topics

77
Q

legal periodicals

A

secondary sources consisting of law review, law journals, association journals, newspapers and other periodically published news items

78
Q

restatement

A

a type of secondary authority that is published by the American Law Institute

79
Q

treatise

A

a type of secondary authority that extensively covers on topic

Basic Legal Research and Writing (1 decks)

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