Terms for Law School

Question 1

Affirm

Answer 1

To confirm a judgment on appeal, or uphold it. The appellate court confirms that the lower court ruled “correctly.”

Question 2

Appellant

Answer 2

A party who appeals a lower court’s decision, usually seeking to reverse that decision. A party would do this if they lose at court.

Question 3

Appellee

Answer 3

A party against whom an appeal is taken. Their role is to respond to that appeal, and they usually want to affirm (or keep) the lower court’s decision.

Question 4

Appellate Court

Answer 4

This is the type of court that hears appeals. This means the party that lost at the lower court level appealed to a higher court. The cases you typically read in law school are at the appellate court level.

Question 5

Bar Exam

Answer 5

The Bar Exam, or sometimes just “bar”, is what most (there are some state exceptions, but not many) lawyers must take in order to be licensed. When you graduate law school, you have a juris doctorate, but you are not a lawyer. You don’t become a lawyer until you pass your jurisdiction’s bar exam, and are sworn in. The Bar Exam is a two day test in either July or Feb. Your Academic Support person on campus will tell you more, but you do not need to worry about it your first year.

Question 6

Black’s Law Dictionary

Answer 6

A legal dictionary. You should always look up legal terms using a legal dictionary versus a normal dictionary, as sometimes the terms will have different meanings. Any trustworthy legal dictionary will suffice for this, it just so happens that “Black’s” is the most famous.

Question 7

BlueBook

Answer 7

This is the book most legal writing courses, law firms, judges, and law journals and law reviews use for uniform citation. You might hear people talk about “bluebooking”, which generally means checking citations.

Question 8

CALI

Answer 8

The Center for Computer-Assisted Legal Instruction (CALI) non-profit is known in law schools for lessons and online interactive tutorials.

Question 9

Case Book

Answer 9

Your textbook. A compilation of cases, chosen and edited to teach a subject.

Question 10

Case Brief

Answer 10

As you read cases for class, you will want to “brief” them. You will receive instruction on how to do this, likely during orientation. Essentially, it is a summary of the case, so that you can remember things like important facts, issues, and the holding, when you are called on in class, and when you need to study and review.

Question 11

Case Law

Answer 11

The law derived from a collection of cases. Essentially, judges will write opinions, and that creates caw law, or precedent. Case law can be common law, or, it can be used to explain and supplement statutory law.

Question 12

Citation

Answer 12

A legal reference. In legal writing (aside from most exams) you will want to “cite” your sources. You will learn more about this in your legal writing courses. You typically use the bluebook to determine the correct citation format.

Question 13

“Civ Pro”

Answer 13

This is the abbreviation typically used for the subject of Civil Procedure. Civil Procedure is the process, or rules, of a case. So, how to file a claim, and which court has jurisdiction. Essentially the rules of court. Typically, Civil Procedure courses will use FRCP, or the Federal Rules of Civil Procedure.

Question 14

Clerking

Answer 14

This is the abbreviation typically used for the subject of Civil Procedure. Civil Procedure is the process, or rules, of a case. So, how to file a claim, and which court has jurisdiction. Essentially the rules of court. Typically, Civil Procedure courses will use FRCP, or the Federal Rules of Civil Procedure

Question 15

Clinic

Answer 15

Law school training in which students participate in actual cases under the supervision of a practicing attorney or law professor.

Question 16

Cold Call

Answer 16

Calling on students without warning, or without looking for volunteers. So, the professor might say “Mr. Jones, what was the holding in Smith v Smith” even though you haven’t raised your hand or volunteered. Every professor runs their class in their own way, so after 1-2 classes, you’ll start to get a feeling for how your professor “cold calls”, if they do so at all.

Question 17

Common Law

Answer 17

The body of law derived from cases, rather than a statute.

Question 18

Conclusory

Answer 18

This is often used in legal writing, and means you have left out a proper analysis. You don’t want your writing to be conclusory, you want a conclusion supported by analysis. Your legal writing professors, and your academic support professors, will help you with this.

Question 19

“Con Law”

Answer 19

This is an abbreviation typically used for constitutional law.

Question 20

Defendant

Answer 20

In a civil case, the defendant is the one being sued. In a criminal action, the defendant is the one who is being put on trial for a crime.

Question 20

“Crim”

Answer 20

This is an abbreviation typically used for criminal law.

Question 21

Dissent

Answer 21

A disagreement with a majority opinion, especially among judges.

Question 22

FRCP

Answer 22

Federal Rules of Civil Procedure (FRCP). See “Civ Pro”

Question 23

Holding

Answer 23

The court’s decision on a matter of law, sometimes called a judgement or a ruling.

Question 24

Hornbook

Answer 24

A book explaining an overview of a particular area of law.

Question 25

Hypo

Answer 25

Short of hypothetical. Your professors will often gives ‘hypos’, which are fictional scenarios, to help explain the law. In addition, your exams will consist of “hypos” you should answer. You might also hear others refer to “practice hypos”, which is one way of preparing for exams.

Question 26

IRAC

Answer 26

Issue (I), Rule (R), Analysis (A), Conclusion (C). This is the structure that we use for legal writing. Sometimes, it will be referred to as CRAC or CREAC. CRAC is Conclusion, Rule, Analysis, Conclusion, and CREAC is Conclusion, Rule, Explanation, Analysis, Conclusion. They are all the same basic structure with very few modifications

Question 27

“K”

Answer 27

An abbreviation for Contracts.

Question 28

Law Review/Law Journal

Answer 28

These are student run publications. You may have an opportunity to join one your second year, which means you will be editing the articles that the publications put out. The articles are typically written by law professors around the country.

Question 29

Lexis/Westlaw

Answer 29

These are the legal databases you will typically use to research the law. Your school will have representatives from each to help you navigate the database. In addition, you will learn more about them in your legal research course.

Question 30

Moot Court

Answer 30

A fictitious court, usually held in a law school setting, to argue “moot”, or hypothetical, cases. These cases are usually at the appellate level.

Question 31

MPRE

Answer 31

Multistate Professional Responsibility Exam, or ethics exam. This is usually taken before you sit for the bar exam, and is offered in August, October, and March. It is probably best to sit for it the August before your 3rd year, or the October of your 3rd year.

Question 32

Outline

Answer 32

it can be a traditional outline, a flow chart, graphs, charts, mind maps, flashcards. The important part is that you are organizing, and synthesizing, the information being given to you in class.

Question 33

Petitioner

Answer 33

One who appeals from a judgment.

Question 34

Plaintiff

Answer 34

The party that is bringing the lawsuit, or initiating the claim.

Question 35

Prosecutor

Answer 35

In a criminal case, the prosecutor is the lawyer that brings charges against the defendant.

Question 36

Respondent

Answer 36

The party against whom an appeal is taken; appellee.

Question 37

Reverse

Answer 37

When an appellant court overturns a lower court’s decision.

Question 38

SCOTUS

Answer 38

Supreme Court of the United States

Question 39

Statutory Law

Answer 39

Law passed by a legislative body. This is different from common law. Examples of this are the FRCP, UCC. And more.

Question 40

Study Aid/Supplement

Answer 40

A supplement is a collection of books designed to help you understand the law. They are not case books. Your library will have more information on the various types of supplements, and what they are used for. Some, like commercial outlines, help you

Question 41

Tort

Answer 41

A civil wrong. This subject typically involves things like car accidents, and so forth.

Question 42

TWEN

Answer 42

This is a web platform that some professors use in class, and it’s associated with Westlaw. They use it to collect assignments, provide course handouts, etc. Your professor will tell you if you need to use it.

Question 43

UBE

Answer 43

The Uniform Bar Exam. This is the bar exam administered in roughly 35 states. The reason this is significant is that the UBE score is “portable”, meaning you can transfer your bar exam score to other states. Your Academic Support person on campus will tell you more, and it’s not something you need to worry about your first year.

Question 44

UCC

Answer 44

Uniform Commercial Code. This includes subjects like Sales, Commercial Paper, and Secured Transactions.

Question 45

Writ of Certiorari

Answer 45

Used by the U.S. Supreme Court to review the cases the Court decides to hear.

Question 46

Abbreviations:

Answer 46

U.S. = United States Reports
S.Ct. = Supreme Court Reporter
L.Ed. = United States Supreme Court Reports Lawyers’ Edition
L.Ed.2d. = United States Supreme Court Reports Lawyers’ Edition, Second Series
F.2d = Federal Reporter Second Series
F.3d = Federal Reporter Third Series
F.Supp. = Federal Supplement
F.Supp.2d = Federal Supplement Second Series
N.W. = North Western Reporter
N.W. = North Western Reporter, Second Series
N.Y.S. = New York Supplement
N.Y.S. = New York Supplement, Second Series
P. = Pacific Reporter