Topic 1 - Parts of a Case

Question 1

Parts of a Case

Answer 1

Question, facts, holding, standing, reasoning

Question 2

Types of a Decision

Answer 2

Majority, Concurring, Dissent, Legally Binding

Question 3

Question

Answer 3

Constitutional or legal question presented

Question 4

Facts

Answer 4

Facts of the case, includes “necessary” and “context” facts

Question 5

Holding

Answer 5

Court’s decision on the legal issue being decided

Question 6

Standing

Answer 6

Legal precedent, the court decides whether or not the issue has enough “stand” to be advocated

Question 7

Reasoning

Answer 7

The process the court uses to arrive at its decision - rationale or justification the court uses to support its decision

Question 8

Legally Binding

Answer 8

Binding precedent is a final decision that a court must follow when presented with similar facts in the future

Question 9

Concurring

Answer 9

Separate opinion from the majority that still agrees with the majority, but for different legal reasons

Question 10

Dissenting

Answer 10

Separate opinion from the majority opinion, disagrees with the majority opinion

Question 11

Stare Decisis

Answer 11

Interpret + apply relevant statutory law and appropriate rules of common law derived from previous cases (maintain precedent)

Question 12

Dicta

Answer 12

Legal statemnts in opinion not needed to resolve dispute of issues

Question 13

Common Law

Answer 13

Law predating 1776 rule

Question 14

Juries vs Judge

Answer 14

Jury = finders of fact, Judge = finders of law (Bench Trial - judges are both as you essentially waive your right to a jury)

Question 15

Burden (Civil)

Answer 15

Beyond a preponderance of the evidence - plaintiff must show that their version of events is more likely true than not

Question 16

Burden (Criminal)

Answer 16

Beyond a reasonable doubt - prosecution must prove their case to the point no reasonable person could doubt the defendant’s guilt