Week 1 Flashcards
Opinions in the (1) are the most important mandatory authority.
- highest level appellate court
It is usually most efficient to start with the most (1) cases
- recent
One-paragraph summary of a case provided by the editor that proceed the opinion along with headnotes
syllabus
part of the opinion which is central to deciding the issue before the court
holding
parts of the judge’s opinion not essential to resolution of dispute or binding on other courts
dicta
Court decisions are (1), that is, they can be relied on, unless (2), (3) or (4)
- good law2. reversed by a higher appellate court
- overruled by the same court
- statute renders the holding obsolete
5-step system to research
- Do background research
- search for legal authority
- read & evaluate primary authorities
- Make sure cases are still good law
- refine analysis and forumate conclusion
Sometimes the US Supreme Court will grant certiorari to resolve a (1)
- split in circuits
4 things US Supreme Court does
- reviews
- inter alia
- cases of constitutionality of state statutes
- constitutionality of federal statutes
Three levels of Arizona courts
- limited jurisdiction (justice/municipal)
- general jurisdiction (Superior)
- state appellate courts
executes, serves and returns all processes and legal documents as directed by a justice court
constable
The (1) acts as appellate court for justice and municipal courts
- superior court
AZ is part in the (1) circuit of (2) total federal circuits.
- Ninth
2. 13 (11 + Fed & DC)
Mandatory authority has to be followed under the principle of (1) and because that authority is (2)
- stare decisis (precedence)
2. in your jurisdiction
3 general levels of courts
- trial courts/general jurisdiction
- intermediate courts of appeal/limited jurisdiction
- courts of “last resort”/discretionary jurisdiction
3 levels of federal courts
- Federal District Courts
- Federal Circuit Court of Appeals
- US Supreme Court
3 levels of AZ courts
- state Superior Courts
- Arizona Court of Appeals
- Arizona Supreme Court
Primary sources are either state or federal under (1)
- dual sovereignty
5 types of state/federal primary sources
- cases
- statutes
- regulations
- constitutions
- “rules”
6 types of secondary sources
- legal encyclopedias
- restatements of the law
- treatises
- ALR
- legal periodicals
- practice guides and forms
West’s Publishing System of reporters across the nation
National Reporter System
Similar to a synopsis. Provides a summary of the opinion. Not part of the law unless added by the court.
syllabus
the question of law and/or fact being addressed by the court in a case
issue
a rule of law that a court announces with respect to the issue being decided by the court. Can be precedent for future cases.
holding
the court’s explanation or reason for why or how it reached its holding
rationale
something the court states that is not a part of the holding and that is not necessary to the decision in the case
dicta
final determination by a court of the rights of the parties in the case
judgment/decision
what happened as a result of the judgment or decision (sentence imposed, affirmation of trial court)
disposition
higher court disagrees with lower court’s decision
reversal
to take away the legal force of a prior decision or order (e.g., erroneous interpretation of statutes)
vacate
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.
dismissal
any source that provides law that originated from a governmental source (reporters, statute books, administrative codes)
primary source
any source that provides what other people write about the law (articles, dictionaries, treatises, hornbooks, nutshells, legal encyclopedias)
secondary source
same thing as power. Can be persuasive or mandatory. Law is mandatory only by those subject to the entity’s ____
authority
applies only to cases – essentially case authority. Can be binding or persuasive. A holding becomes this.
precedent
Two things that effect whether precedent is binding or persuasive
- what court decided the issue in the first instance
2. what court is now deciding the issue
District courts are allotted to states based on (1) and (2)
- population
2. distance
Cases go to Federal court if they are (1) or (2)
- Constitutional issues
2. legislative issues (Federal question)
Per dual federalism, if a federal and state law are in dispute, (1)
- the state law is ruled unconstitutional
2 minor (off the grid) courts in Az
- Municipal (traffic, city ord.)
2. Justice (civil <$10,000)
With common law and precedence, you take old cases and either (1) or (2) with the new case.
- distinguish
2. draw an analogy
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.
memorandum opinion
The (1) in Arizona has general jurisdiction
Superior Court
