Introduction To Law 1

Question 1

Legal analysis

Answer 1

The process of applying the law to specific facts. Also known as legal reasoning.

Question 2

Steps in analyzing a legal situation

Answer 2

• Reviewing the underlying situation that is creating the legal problem and analyzing the “relevant” facts
• Reading and understanding the appropriate legal rules
• Applying those legal rules to the relevant facts

Question 3

Fact bound

Answer 3

When even a minor change in the facts can change the outcome

Question 4

Cause of action

Answer 4

A claim that, based on the law and the facts, is sufficient to support a lawsuit

Question 5

Enacted law

Answer 5

Constitutions, statues, ordinances, and regulations

Question 6

Constitutions

Answer 6

Documents ratified by the citizens of a state or nation that establish the organizational structure and the powers granted to different governmental units

Question 7

Statues

Answer 7

Laws that are enacted by a state legislature or by Congress

Question 8

Ordinances

Answer 8

Laws similar to statues but enacted by a local government

Question 9

Regulations

Answer 9

Laws promulgated (обнародван) by administrative agencies

Question 10

Main sources of law

Answer 10

• Enacted law

- Court-made law

Question 11

Persuasive authority

Answer 11

Court decisions from an equal or a lower court from the same jurisdiction or from a court in a different jurisdiction

Question 12

Mandatory authority

Answer 12

Court decisions from a higher court in the same jurisdiction involving similar facts and law

Question 13

Precedent

Answer 13

One or more prior court decisions that involve the same legal issues

Question 14

Stare decisis

Answer 14

The doctrine stating that normally once a court has decided one way on a particular issue, it and other courts in the same jurisdiction, given similar facts, will decide the same way on the issue in future cases, unless the court can be convinced of the need for change

Question 15

Substantive facts

Answer 15

Things that happened to the parties before the litigation began and that are relevant their claims

Question 16

Procedural facts

Answer 16

Facts that relate to what happened procedurally in the lower courts or administrative agencies before the case reached the court issuing the opinion

Question 17

Legal issues

Answer 17

Questions about the interpretation an application of the law

Question 18

Disposition

Answer 18

The result reached in a particular case

Question 19

Affirm

Answer 19

The decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done

Question 20

Reverse

Answer 20

A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of the lower court

Question 21

Remand

Answer 21

When an appellate court sends a case back to the trial court for a new trial or other action

Question 22

Majority opinion

Answer 22

An opinion in which the majority of the court joins 

Question 23

Concurring opinion

Answer 23

An opinion that agrees with the majority’s result but disagrees with its reasoning

Question 24

Dissenting opinion

Answer 24

An opinion that disagrees with the majority’s decision and reasoning

Question 25

Case briefing

Answer 25

A method for summarizing court opinions

Question 26

Appellate brief

Answer 26

A formal written argument to an appellate court, in which lawyer argues why that court should affirm or reverse a lower court’s decision

Question 27

Rule

Answer 27

In a case brief, the general legal principle in existence before the case began

Question 28

Issue

Answer 28

In a case of brief, the rule of law applied to the case’s specific facts

Question 29

Holding

Answer 29

In a case brief, the court’s answer to the issue presented to it; the new legal principle established by a court opinion

Question 30

Narrow holding

Answer 30

A statement of the court’s decision that contains many of the case’s specific facts thereby limiting future applicability to a narrow range of cases

Question 31

Broad holding

Answer 31

A statement of the court’s decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases

Question 32

Ratio decidendi

Answer 32

The court’s reasoning for its decision

Question 33

Dictum

Answer 33

A statement in a judicial opinion not necessary for the decision of the case

Question 34

Legal reasoning

Answer 34

The application of legal rules to a specific factual situation; also known as legal analysis

Question 35

Analogous

Answer 35

Similar

Question 36

Distinguishable

Answer 36

Different