Legal Research and Analysis Flashcards

1
Q

case on point

A

A case involving factual
circumstances and issues that are
similar to those in the case being
researched

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2
Q

case “on all fours”

A

A case in which all four elements
(the parties, the circumstances,
the legal issues involved, and the
remedies sought) are very similar to
those in the case being researched.

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3
Q

reporter

A

A book in which court cases are
published, or reported.

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4
Q

slip opinion

A

A recent judicial opinion by a court
that is subject to revision before
being recorded in an official reporter

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5
Q

persuasive authority

A

Any legal authority, or source of law,
that a court may look to for guidance
but on which it need not rely in
making its decision. Persuasive
authorities include cases from other
jurisdictions, discussions in legal
periodicals, and so forth.

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6
Q

pocket part

A

A pamphlet containing recent cases
or changes in the law that is used
to update legal encyclopedias and
other legal authorities. It is called a
“pocket part” because it slips into
a pocket, or sleeve, in the front or
back binder of the volume.

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7
Q

digest

A

A compilation in which brief
summaries of court cases are
arranged by subject and subdivided
by jurisdiction and court.

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8
Q

annotation

A

A brief comment, an explanation of
a legal point, or a case summary
found in a case digest or other legal
source.

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9
Q

key number

A

A number (accompanied by the
symbol of a key) corresponding to a
specific legal topic within West’s Key
Number system to facilitate legal
research of case law

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10
Q

headnote

A

A note, usually a paragraph long,
near the beginning of a reported
case summarizing the court’s ruling
on an issue.

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11
Q

treatise

A

In legal research, a work that
provides a systematic, detailed, and
scholarly review of a particular legal
subject.

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12
Q

hornbook

A

A single-volume scholarly
discussion, or treatise, on a
particular legal subject

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13
Q

citation

A

in case law, a reference to a case
by the name of the case, the
volume number and name of the
reporter in which the case can be
found, the page number on which
the case begins, and the year. In
statutory and administrative law, a
reference to the title number, name,
and section of the code in which a
statute or regulation can be found.

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14
Q

parallel citation

A

A second (or third) citation for
a given case. When a case is
published in more than one reporter,
each citation is a parallel citation to
the other(s).

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15
Q

syllabus

A

A brief summary of the holding and
legal principles involved in a reported
case, which is followed by the
court’s official opinion.

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16
Q

holding

A

The binding legal principle, or
precedent, that is drawn from the
court’s decision in a case.

17
Q

dicta

A

A Latin term referring to nonbinding
(nonprecedential) judicial statements
that are not directly related to the
facts or issues presented in the case
and thus are not essential to the
holding.

18
Q

briefing a case

A

Summarizing a case. A case brief
gives the full citation, the factual
background and procedural history,
the issue or issues raised, the
court’s decision, the court’s holding,
and the legal reasoning on which
the court based its decision. It may
also include conclusions or notes
concerning the case made by the
individual briefing it.

19
Q
A