Legal Vocabulary

Question 1

Appellant

Answer 1

The party who is dissatisfied with the judgement of the trial court and seeks to have the judgment reversed or altered by appealing the judgement to a higher court.
-Lost in trial court

Question 2

Appellee

Answer 2

Sometimes called the “respondent”, the person opposing the appellant on appeal.
-Won in trial court

Question 3

Bluebook

Answer 3

A uniform system of citation is published by the Harvard Law review and the other leading law reviews. This book sets forth abbreviation and rules of citation for legal material. It is the accepted standard in law review but isn’t necessarily followed by courts or attorneys who may be required to follow local rules.

Question 4

Brief: Two types

Answer 4

I) Brief of cases are documents created to prepare for class. They highlight and summarize the most important information int he case.

II) Briefs prepared for court set forth legal arguments and conclusions.

Question 5

Casebook

Answer 5

Edited versions of published cases.

Question 6

Citation

Answer 6

The reference which helps me identify a particular case, law review articles book, statute or other resource whether primary or secondary.

Ex) Roe v. Wade is 410 US 959 (1973)
This means the case appears in volume 410 of the official US reports beginning at page 959. The opinion was rendered in 1973.

Question 7

Civil case

Answer 7

Typically disputes between persons or entities in which the remedy sought is money damages or sometimes an order that the defendant refrain from doing certain acts.

Civil cases include (Torts, suits about contracts, family law cases, etc)

Question 8

Criminal Case

Answer 8

Always brought by government entity (Federal or local prosecutor) against a defendant for a violation of a criminal statute where the penalty maybe a fine, imprisonment or both.

Question 9

Court/court

Answer 9

When CAPITALIZED in a sentence, it is generally referring to the US Supreme Court. Lowercase refers to all other courts.

When naming a specific court, such as the Court of Appeals for the Ninth Court, court is CAPITALIZED.

Question 10

Defendant

Answer 10

The person whom a lawsuit or prosecution has been brought.

In civil court, this is the person from whom a plaintiff seeks relief.
In criminal court, it is the accused(innocent until proven guilty).

Question 11

Dissent

Answer 11

A judge’s disagreement with the majority of the court. Appellate court cases are heard by a panel of judges that can vary in number depending on jurisdiction. A judge(or judges) who disagrees with the majority ruling or opinion.

Question 12

Legal analysis

Answer 12

Examine a problem methodically and in detail for purpose of interpreting that problem through the lenses of the law.

Question 13

Battery

Answer 13

An intentional harmful or offensive contact made to the plaintiffs person.

• will have to prove intent
• Harmful or offensive contact
• to the plaintiff

Question 14

IRAC

Answer 14

Identify the issue
Specify Rule criteria
Apply each of those rules
Make a conclusion that logically follows

Question 15

Issue

Answer 15

The specific question that must be resolved.

You must distill the issue.

Question 16

Rule

Answer 16

What criteria are we using to answer this question?
Provide the controlling law

Legal principle or black letter law upon which the court based its decision in the case.

Question 17

Application

Answer 17

Apply that rule to the specific facts of the problem we are working to resolve.

• connect them with facts
• here is where you make arguments explaining WHY the rule is or is not met given the facts of the problem we are solving.

Question 18

Conclusion

Answer 18

Finally you state a conclusion that logically follows. Conclusions to any questions must be supported by a set of rules or rule that when applied to the facts of the case, help me explain the conclusion

Question 19

Judicial Branch

Answer 19

Interpret and resolve disputes involving those laws
Ex) Judge

This branch also decides whether laws or actions by the President are constitutional. However, judges within this branch depend on the executive branch (Justice Department) to enforce court decisions.

Question 20

Legislative Branch

Answer 20

Pass federal laws

Ex) Congress

Question 21

Executive Branch

Answer 21

Enforce federal laws

Ex) President

Question 22

Federal Courts

Answer 22

94 district level courts
13 courts of appeal
—> all sit below US Supreme Court

Question 23

Special Courts

Answer 23

US Claims Court
Bankruptcy and Tax Court
Courts of original jurisdiction

Question 24

Federal District Court (Trial Court)

Answer 24

-where fed cases begin
-resolve disputes by determining the facts of the case and applying the law to decide who is right.
Includes:
Judge: tries the case and interprets the law
Jury: who interprets the facts and ultimately decide the case

Question 25

Federal Appeals Court (Court of Appellate Jurisdiction)

Answer 25

This court must decide whether or not the district court made an error in deciding the case. Includes multiple judges and no jury because they determine the questions of the law. 94 federal judicial districts 12 regional courts (each have a court of appeals) Also a Court of Appeals from the Federal Circuit Court in Washington DC making it 13 federal appellate courts.

Question 26

Supreme Court ( Court of last resort)

Answer 26

- decides constitutional issues - acts as final arbiter of federal law - determines whether the DC and circuit courts of appeals applied the law correctly - includes 9 justices - 8,000/term - agree only to hear 10% (80 cases)/term

Question 27

State Courts

Answer 27

main difference is the type of cases heard. State courts mostly hear tort and contract cases, family law matters (marriage, divorce, adoption), probate issues (wills and estates) and criminal cases.

Question 28

Trial Courts

Answer 28

Where parties bring their claims

Question 29

Intermediate Court of Appeals

Answer 29

Parties dissatisfied with decision of trial court

Question 30

Appeals Court

Answer 30

Parties dissatisfied with Court of Appeals

Question 31

Supreme Court (State)

Answer 31

Parties dissatisfied with Trial Court, Court of Appeals and Appeals Court - final arbiter - may choose to or not to hear the case

Question 32

Stare Decis

Answer 32

Latin for “To stand by that which is decided” - a legal doctrine that obligates courts to follow historical cases when making a ruling on a similar claim - ensures that cases with similar scenarios and facts are approached the same way - binds courts to follow legal precedents set by previous decisions.

Question 33

What makes a precedent?

Answer 33

A unique case with hardly any past reference material may become a precedent when the judge makes a ruling on it. -new ruling on a similar present case replaces any previous precedent that’s been overruled in a current case.

Question 34

Procedural history

Answer 34

``` Background of the case Describes: (I) How defendant wronged the plaintiff (II) What parties argued in lower court (III) How the court ruled (IV) How and why the case moved from lower court to higher court ```

Question 35

The Issue

Answer 35

usually a league or procedural question that appellant wants higher courts to answer -this is the reason why the case moved from lower court to higher court

Question 36

Trigger Facts (Legally relevant)

Answer 36

Brief summary of relevant legal facts of the case - distinct from courts opinion - the facts are just the story of what happened from the plaintiff and defendants point of view

Question 37

Rule (Law)

Answer 37

Rule may look like three things: (I) a succinct statement of the governing legal principle that the higher court uses to decide the case. ( usually a sentence in length) (II) a sentence or paragraph where the higher court answers the question presented; or (III) a paragraph that describes the circumstances under which a person is liable. Rule may be present in one or all three types/

Question 38

Reasoning

Answer 38

Usually several paragraphs long and follows the rule. | -where the court explains how and why it answered the question presented the way it did.

Question 39

Holding

Answer 39

- courts answer to the question presented - Yes or No - “We hold that” - “ The court held decision is..”