Legal Research and Analysis Chapters 4-9

Question 1

What are the components of a Case Brief

Answer 1

Name and Citation of the Case
Judicial History
Facts
Issues
Rules
Analysis or Reasoning
Holding

Question 2

What is the difference between Judicial History and Facts?

Answer 2

Judicial History explains how the case traveled through the courts. Facts will describe what brought the parties before the court.

Question 3

Comparisons of fact

Answer 3

Relevant
Explanatory
Legally Unimportant

once categorized, look for similarities, difference or gaps.

Question 4

What is the Bill of Rights?

Answer 4

First ten amendments to United States Constitution.

Question 5

What is Statutory Law?

Answer 5

Law enacted through the legislative process. Comes from federal, state and local governing bodies

Question 6

What is Legislative History?

Answer 6

The proceedings that relate to a bill before it becomes law.

Question 7

What are the steps to make a law?

Answer 7

Bill is introduced to house of representatives or senate
Bill is referred to a committee
Voted upon by legislators
Executive action - president approves or vetoes

Question 8

When do you use legislative history?

Answer 8

Statutes

Question 9

What is slip law?

Answer 9

First publication of a law; usually in pamphlet form.

Question 10

What is a code?

Answer 10

A topical organization of statutes.

Question 11

What does repeal mean?

Answer 11

To undo; to declare a law no longer in effect.

Question 12

What does amend mean?

Answer 12

To change.

Question 13

What is the constitution?

Answer 13

The supreme law of the land

Question 14

What is Federalism?

Answer 14

A system of government in which the
people are regulated by both federal and state
governments

Question 15

What is the Supremacy Clause?

Answer 15

Clause in the U.S. Constitution providing that the U.S. Constitution is the supreme law of the land.

Question 16

When there is a conflict between federal and state laws which controls?

Answer 16

Federal Law controls because of the Supremacy Clause

Question 17

What is a Statutory Requirement?

Answer 17

Various requirements or elements of a statute that must be met before the statute applies to a situation.

Question 18

Stare Decicis and Statutory Law

Answer 18

If case law explains a statute or regulation and that case law is controlling law in the jurisdiction, the rule of stare decisis requires that the court’s interpretation be
followed.

Question 19

Stare Decicis means?

Answer 19

“It stands decided”; another term for precedent.

Question 20

Legislative History helps to

Answer 20

The legislative history helps the researcher determine the intent of the legislature in passing the law.

Question 21

What are the 7 sources of Secondary Law?

Answer 21

Legal Encyclopedias
Law Reports
Treatises
Law Review / Periodicals
Loose Leaf Services (Administrative Regulations)
Restatements (Contract / Tort Work)
Form Books (Pleadings / Transactions)

Question 22

Executive Branch does

Answer 22

Executes the law

Question 23

Legislative Branch does

Answer 23

Makes laws (senate, congress & house of representatives)

Question 24

Judicial Branch does

Answer 24

Interprets law (US Supreme Court - decision is case law)

Question 25

Digests are a source for what kind of law

Answer 25

Case law

Question 26

What is Good Law?

Answer 26

Law that is still in effect or valid and can be cited as authority

Question 27

What does it mean to validate?

Answer 27

To verify that an authority is still good law. Shepard’s Citations will validate research