Legal Research and Analysis Chapters 1-3

Question 1

What are the primary sources of law?

Answer 1

Constitutional
Statutory
Administrative Regulations
Case Law

Question 2

Case Law

Answer 2

Based upon English common law.

Question 3

Stare Decisis

Answer 3

Precedent / “it stands decided”

Question 4

Secondary Source

Answer 4

A tool used to help understand the law; one such tool is a legal encyclopedia that explains the law

Question 5

What are the three categories of facts?

Answer 5

Relevant Facts - absolutely essential; they cannot be ignored
Explanatory Facts - clarify the relevant facts
Legally Unimportant Facts - should be put aside during legal research

Question 6

How do you identify the legal issue?

Answer 6

Research the pleadings, causes of action or affirmative defenses

Question 7

Six components of a case

Answer 7

Facts
Judicial History
Issues
Rules
Analysis
Conclusion

Question 8

Who can appeal a case?

Answer 8

In civil court, either party who is unhappy with the court’s decision can appeal. In a criminal case, only the defendant can appeal to prevent double jeopardy

Question 9

What are the three elements of precedent?

Answer 9

1. Law reporting and a
2. Hierarchical court structure
3. Binding elements