Week 1

Question 1

Opinions in the (1) are the most important mandatory authority.

Answer 1

1. highest level appellate court

Question 2

It is usually most efficient to start with the most (1) cases

Answer 2

1. recent

Question 3

One-paragraph summary of a case provided by the editor that proceed the opinion along with headnotes

Answer 3

syllabus

Question 4

part of the opinion which is central to deciding the issue before the court

Answer 4

holding

Question 5

parts of the judge’s opinion not essential to resolution of dispute or binding on other courts

Answer 5

dicta

Question 6

Court decisions are (1), that is, they can be relied on, unless (2), (3) or (4)

Answer 6

1. good law2. reversed by a higher appellate court
2. overruled by the same court
3. statute renders the holding obsolete

Question 7

5-step system to research

Answer 7

1. Do background research
2. search for legal authority
3. read & evaluate primary authorities
4. Make sure cases are still good law
5. refine analysis and forumate conclusion

Question 8

Sometimes the US Supreme Court will grant certiorari to resolve a (1)

Answer 8

1. split in circuits

Question 9

4 things US Supreme Court does

Answer 9

1. reviews
2. inter alia
3. cases of constitutionality of state statutes
4. constitutionality of federal statutes

Question 10

Three levels of Arizona courts

Answer 10

1. limited jurisdiction (justice/municipal)
2. general jurisdiction (Superior)
3. state appellate courts

Question 11

executes, serves and returns all processes and legal documents as directed by a justice court

Answer 11

constable

Question 12

The (1) acts as appellate court for justice and municipal courts

Answer 12

1. superior court

Question 13

AZ is part in the (1) circuit of (2) total federal circuits.

Answer 13

1. Ninth

2. 13 (11 + Fed & DC)

Question 14

Mandatory authority has to be followed under the principle of (1) and because that authority is (2)

Answer 14

1. stare decisis (precedence)

2. in your jurisdiction

Question 15

3 general levels of courts

Answer 15

1. trial courts/general jurisdiction
2. intermediate courts of appeal/limited jurisdiction
3. courts of “last resort”/discretionary jurisdiction

Question 16

3 levels of federal courts

Answer 16

1. Federal District Courts
2. Federal Circuit Court of Appeals
3. US Supreme Court

Question 17

3 levels of AZ courts

Answer 17

1. state Superior Courts
2. Arizona Court of Appeals
3. Arizona Supreme Court

Question 18

Primary sources are either state or federal under (1)

Answer 18

1. dual sovereignty

Question 19

5 types of state/federal primary sources

Answer 19

1. cases
2. statutes
3. regulations
4. constitutions
5. “rules”

Question 20

6 types of secondary sources

Answer 20

1. legal encyclopedias
2. restatements of the law
3. treatises
4. ALR
5. legal periodicals
6. practice guides and forms

Question 21

West’s Publishing System of reporters across the nation

Answer 21

National Reporter System

Question 22

Similar to a synopsis. Provides a summary of the opinion. Not part of the law unless added by the court.

Answer 22

syllabus

Question 23

the question of law and/or fact being addressed by the court in a case

Answer 23

issue

Question 24

a rule of law that a court announces with respect to the issue being decided by the court. Can be precedent for future cases.

Answer 24

holding

Question 25

the court’s explanation or reason for why or how it reached its holding

Answer 25

rationale

Question 26

something the court states that is not a part of the holding and that is not necessary to the decision in the case

Answer 26

dicta

Question 27

final determination by a court of the rights of the parties in the case

Answer 27

judgment/decision

Question 28

what happened as a result of the judgment or decision (sentence imposed, affirmation of trial court)

Answer 28

disposition

Question 29

higher court disagrees with lower court’s decision

Answer 29

reversal

Question 30

to take away the legal force of a prior decision or order (e.g., erroneous interpretation of statutes)

Answer 30

vacate

Question 31

refers to the case itself, the actual controversy between the parties. Generally means the case is over, unless the court allows the parties to start over, which would be a brand new case. Can also apply to one or more parties in the case.

Answer 31

dismissal

Question 32

any source that provides law that originated from a governmental source (reporters, statute books, administrative codes)

Answer 32

primary source

Question 33

any source that provides what other people write about the law (articles, dictionaries, treatises, hornbooks, nutshells, legal encyclopedias)

Answer 33

secondary source

Question 34

same thing as power. Can be persuasive or mandatory. Law is mandatory only by those subject to the entity’s ____

Answer 34

authority

Question 35

applies only to cases – essentially case authority. Can be binding or persuasive. A holding becomes this.

Answer 35

precedent

Question 36

Two things that effect whether precedent is binding or persuasive

Answer 36

1. what court decided the issue in the first instance

2. what court is now deciding the issue

Question 37

District courts are allotted to states based on (1) and (2)

Answer 37

1. population

2. distance

Question 38

Cases go to Federal court if they are (1) or (2)

Answer 38

1. Constitutional issues

2. legislative issues (Federal question)

Question 39

Per dual federalism, if a federal and state law are in dispute, (1)

Answer 39

1. the state law is ruled unconstitutional

Question 40

2 minor (off the grid) courts in Az

Answer 40

1. Municipal (traffic, city ord.)

2. Justice (civil <$10,000)

Question 41

With common law and precedence, you take old cases and either (1) or (2) with the new case.

Answer 41

1. distinguish

2. draw an analogy

Question 42

an opinion or decision that is issued by a court but not published in a reporter–only parties to the case receive copies of it. Cannot be cited as precedent.

Answer 42

memorandum opinion

Question 43

The (1) in Arizona has general jurisdiction

Answer 43

Superior Court