Flashcards in Chapter 7 Legal Analysis Deck (49)
the application of one or more rules of law to the facts of a clients case in order to answer a legal question that will help
1. keep a legal dispute from arising
2. resolve a legal dispute that has arisen
3. prevent a legal issue from becoming worse.
Also called legal reasoning.
connecting facts to a rule in order to determine whether the rule applies to the facts
a nonlaw that a court could rely on in reaching a decision. Authority that describes or explains but does not constitute the law.
An acronym that stands for the components of legal analysis.
A written explanation of how the law might apply to the fact situation of a client.
memorandum of law
a portion of a rule that is a precondition of the applicability of the entire rule.
the portion of a rule about which the parties cannot agree. The disagreement may be over the definition of the element, whether the facts fit within the element or both.
element in contention
a question of law. A question of what the law is, or what the law means, or how the law applies to the facts. Also called legal question or question of law. If the dispute is over the truth or falsity of the alleged facts, it is referred to as a question of fact or a factual issue.
one of the circumstances or considerations that will be weighed in making a decision, no one of which is conclusive.
A summary of the main or essential parts of a court opinion. Sometimes referred to as a trial brief or an appellate brief).
the party against whom an appeal is brought. Also called the appellee
1. An attorneys personal notes on how to conduct a trial. Also called trial manual and trial book.
2. An attorneys presentation to a trial court of legal issues and positions of his or her client.
a document submitted (filed) by a party to an appellate court (or served on opposing party) in which arguments are presented on why the appellate court should affirm (approve) reverse, or otherwise modify what a lower court has done.
a book, cd rom or online service containing lists of citations that can (1) help you access the current validity of an opinion, statute or other item; and (2) gives you leads to other relevant materials.
pertaining to a lower court in the judicial system (also directs a reader to text printed later in the document).
printed in a reporter
a courts list of its pending cases.
a reporter published by a commercial publishing company without special authority from the government.
a reference to any legal authority printed on paper or stored on a computer database that will allow you to locate the authority. As a verb, to give its location where you can read it. It is the paper or online address where you can read something.
the party bringing an appeal because of alleged errors made by a lower tribunal, sometimes called petitioner.
a brief summary or outline. Also called case synopsis. Printed before the opinion begins. It is usually a summary of the entire opinion
a short paragraph summary of a portion of a court opinion (usually covering a single legal ussie) printed before the opinion begins.
a general topic (e.g. Searches and seizures) and a number for one of its subtopics. Used by West group to organize millions of cases by topics in its digests.
An organized summary or abridgement. A set of volumes that contain brief summaries (sometimes called abstracts or squibs) of court opinions, arranged by topic and by court or jurisdiction.
(an opinion "by the court" as a whole") A court opinion, usually a short one, that does not name the judge who wrote it.
per curriam opinion
the decision of a court with few, or no supporting reasons, often because it follows established principles.
a critical fact; a fact that is essential or very important to the conclusion or holding of a court.
a prior decision or opinion, covering a similar issue that can be used as a standard or guide in a later case.
an explanation of why the court resolved a legal issue the way it did-why it reached the particuylar holding for that issue.