Terms Related to Introduction to Legal Education Flashcards
LAW
Law is comprised of a body of rules governing action or conduct prescribed by controlling authority with binding legal force. The law may be derived from constitutional, statutory, or case law sources. Administrative agencies may also promulgate regulations or orders which may have the force and effect of law.
AMERICAN LAW INSTITUTE
The American Law Institute is an organization of American legal scholars responsible for developing “Restatements” of the law for numerous legal disciplines. The American Law Institute, in conjunction with the National Conference of commissioners, also assists with the development of uniform state laws.
Restatements of Law
The American Law Institute has authored a series of legal volumes which explain existing law in a general area, such as torts and contracts, and also explain how the law in this area is changing, as well as scholarly opinions regarding how the law should be developed in the future. The Restatements have had significant impact on shaping the disciplines of the law covered.
Jurisprudence
The science of law which functions to ascertain principles on which legal rules are based. Jurisprudence is not concerned with morality or politics; instead, jurisprudence is concerned with the ultimate effects produced when legal rules are applied to society’s members collectively. Jurisprudence has also been referred to as the philosophy of law.
Constitution of the United States
The Constitution of the United States is the fundamental law of the nation which establishes the character, conception, and power of our federal government. Constitutional law is the supreme law of the land.
Advocacy
Advocacy is the active espousal of a legal cause.
Case Method of Law Study
The case-study method requires that the student carefully examine individual cases to develop an understanding of legal processes and the relationship between judicial theories and practical legal problems. The student must have a precise understanding of the case’s material facts, holding, legal reasoning, authorities cited, and legal process utilized to benefit from this method of study. Merely understanding the gist of a case is insufficient.
Casebook
A casebook is the text which is used with the case method of law study. A casebook contains a collection of cases ordinarily organized to illustrate discrete legal principles.
Outlines
A student may organize his or her thoughts regarding a collection of related legal principles and processes in an outline format to be used as a study aid. Commercial outlines are also available which provide an organized text summarizing legal principles.
Bar Examination
A bar examination is one component of the requirements which must be successfully completed in order to become licensed to practice before courts of a particular state or jurisdiction.
