Minimum to Know Flashcards
1
Q
What are Primary Sources of Law?
A
Binding sources of law that come from lawmaking bodies (e.g., courts, legislatures). Courts are bound to make decisions according to primary sources.
2
Q
What is Case Law in Common Law Systems?
A
Legal precedents set by courts. In a common law system, case law is a primary source, and decisions from higher courts bind lower courts.
3
Q
What is Legislation?
A
Written laws enacted by a lawmaking body such as Parliament, Congress, or assemblies. Legislation is a primary source of law.
4
Q
What is the Constitution?
A
A fundamental law or body of laws that outlines the structure of government and its powers. It is the highest primary source in most legal systems.
5
Q
What are Regulatory Laws?
A
Laws created by government agencies that regulate specific activities or industries. These regulations are binding primary sources of law.
6
Q
What are Supra-National Laws of Regional Bodies?
A
Laws created by international bodies (e.g., European Union law) that member states are bound to follow. For example, the EU’s regulations bind all EU member states.
7
Q
What are Customary Laws in Common Law Systems?
A
Traditions, customs, or practices that are legally recognized and enforceable in certain jurisdictions. In countries like India, customary laws can be primary sources.
8
Q
What is the Role of International Law in Common Law Jurisdictions?
A
In some common law countries, international laws and treaties (e.g., UN treaties) are also primary sources and must be adhered to by courts.
9
Q
What are Secondary Sources of Law?
A
Guiding, but not binding, sources of law. They help courts interpret and understand the law but do not have the force of primary law.
10
Q
What is Doctrine in Law?
A
Scholarly legal writings, analyses, and commentaries that help interpret the law. While influential, they are not binding on courts.
10
Q
What are Parliamentary Speeches?
A
Transcripts of speeches made by members of Parliament during legislative proceedings. They may offer insights into the intent behind legislation but are not legally binding.
11
Q
What is Non-Precedent Case Law?
A
Case law that does not establish binding precedents. This includes decisions from lower courts or courts in other jurisdictions that don’t have binding authority in the case at hand.
11
Q
What is Case Law in Civil Law Jurisdictions?
A
Decisions from courts in civil law countries that may be used for reference but are not binding like in common law systems.
12
Q
What are Customary Laws as Secondary Sources?
A
In many legal systems, local customs may not be legally binding but can guide the interpretation of law, especially in cases where statutes are vague.
13
Q
Are Primary Sources Binding?
A
Yes, primary sources are binding upon courts and other decision-makers.
14
Q
Are Secondary Sources Binding?
A
No, secondary sources provide guidance and context but are not binding on the decision-making process.
14
Q
Can Secondary Sources Influence Court Decisions?
A
Yes, while not binding, secondary sources like doctrine, legal commentary, and parliamentary speeches can help courts interpret and apply primary sources of law.
15
Q
How Do Primary and Secondary Sources Differ in Origin?
A
Primary sources originate from lawmaking bodies (e.g., legislatures, courts). Secondary sources come from outside the jurisdiction and are created by individuals or groups not involved in the lawmaking process.
16
Q
How Does Case Law Function in Common Law Systems?
A
Judges in common law systems are bound by the principle of stare decisis, meaning they must follow precedents set by higher courts, making case law a primary source.
17
Q
How is Legislation Treated in Common Law Systems?
A
Legislation and case law are treated with equal importance in common law systems, both being binding on courts.
17
Q
What Happens If Case Law and Legislation Conflict in Common Law?
A
If legislation contradicts case law, the most recent and applicable source (legislation or case law) will typically take precedence. Courts may also interpret the legislation in light of case law.
18
Q
What is the definition of the Common Law system?
A
Common Law is a system of law where judicial precedent (past court decisions) binds future court rulings, and exists alongside legislation to help interpret laws.
19
Q
What is judicial precedent in the Common Law system?
A
Judicial precedent means courts must follow past decisions made by higher courts (stare decisis), and these rulings are binding for future cases.
20
Q
What is the adversarial system in Common Law?
A
In an adversarial system, legal proceedings are seen as a contest between opposing parties, with an independent judge acting as a referee to ensure fair procedures.
20
What is the judge's role in the Common Law system?
The judge ensures that procedural rules are followed but does not undertake investigations or questioning of witnesses.
21
What role does oral evidence play in Common Law?
Oral evidence is a key component of the Common Law system, where testimony is provided in court and is directly examined by the parties.
22
How does legislation interact with judicial precedent in Common Law?
Legislation (statutes or Acts of Parliament) is interpreted and applied in light of judicial precedents that evolve through court decisions.
23
How is the Inquisitorial system different from the Adversarial system?
In the Inquisitorial system, the judge plays an active role in investigating the case, questioning witnesses, and seeking the truth, while in the Adversarial system, the judge acts as a neutral referee.
23
What is the definition of the Civil Law system?
Civil Law is a legal system based on written codes and statutes, where judicial precedents are not binding, and decisions are based on interpreting the codes.
24
What is the role of the judge in a Civil Law system?
In Civil Law, the judge is an active investigator, directly questioning witnesses and assessing evidence to find the truth.
25
What is the role of lawyers in a Civil Law system?
Lawyers in Civil Law systems have a less prominent role; they mainly ensure procedural fairness and do not advocate as aggressively as in Common Law
26
How does the use of codes differ between Common Law and Civil Law?
In Civil Law, decisions are based on detailed written codes and statutes, while Common Law relies on judicial precedents and legislation interpreted through past court decisions.
27
What is the main difference between the Common Law and Civil Law systems?
Common Law is based on judicial precedent and case law, while Civil Law is based on comprehensive legal codes and statutes without binding judicial precedents.
28
How does legislation function in the Civil Law system?
Legislation is the primary source of law in Civil Law systems, and judges interpret and apply these written codes to resolve disputes.
29
How do Common Law and Civil Law systems treat judicial decisions?
In Common Law, judicial decisions create binding precedents, while in Civil Law, judicial decisions are not binding and are primarily used to interpret the code.
30
In which legal system does the judge actively investigate the case?
In the Civil Law system, the judge actively investigates the case, questions witnesses, and seeks the truth.
30
In which legal system does the judge act as a neutral referee?
In the Common Law system, the judge acts as a neutral referee ensuring fair procedures during the trial.
30
What is Public Law?
Public Law deals with matters between the State and the individual. It involves legal relationships where the government is directly involved.
31
What is Private Law?
Private Law deals with legal matters between two private individuals without the involvement of the State.
32
What is Criminal Law?
Criminal Law involves matters between the State (as prosecutor) and individuals who have committed offenses, with the State seeking to punish wrongdoers.
32
What is Substantive Law?
Substantive Law refers to the actual laws that define rights and duties and govern how people should behave.
33
What is Civil Law?
Civil Law concerns disputes between two private individuals, typically regarding civil wrongs such as breach of contract or property damage.
34
What is Procedural Law?
Procedural Law defines the process by which substantive law is applied, detailing how cases are handled in court, such as trial and appeal processes.
35
What is the difference between Criminal Law and Civil Law?
Criminal Law deals with offenses against the State and society, whereas Civil Law involves disputes between private individuals concerning rights and obligations.
35
What is the difference between Public and Private Law?
Public Law involves the State’s relationship with individuals, whereas Private Law concerns disputes between two private individuals without State involvement.
36
How does Substantive Law differ from Procedural Law?
Substantive Law defines rights and duties, while Procedural Law governs the process of enforcing those rights and duties in the legal system.
37
Who brings the case in Criminal Law?
The State (prosecutor) brings the case against individuals accused of committing a crime.
38
Give an example of Public Law.
Constitutional law and Administrative law are examples of Public Law.
39
Give an example of Private Law.
Contract law and Tort law are examples of Private Law.
40
What is the goal of Procedural Law?
The goal of Procedural Law is to ensure the fair application of Substantive Law, outlining how legal cases are processed in courts.
41
Give an example of Substantive Law.
Criminal offenses like theft or murder, or civil rights such as contract disputes, are examples of Substantive Law.
41
Give an example of Procedural Law.
Court rules for how trials are conducted, such as the steps for filing a lawsuit or conducting a criminal trial.
42
What is the government system in the UK?
The UK has a unitary system of government, meaning there is one sovereignty under the Crown-in-Parliament.
42
How does the UK court system operate?
The UK has a unitary court system, with one national law applied across county and national courts.
43
How does the UK court system compare to the French system?
The UK court system is similar to the French system, with a single national legal system applied across the country.
43
What is devolution in the UK context?
Devolution refers to the delegation of powers to regional governments, but without independent constitutional status.
43
What is the government system in the US?
The US operates a federal system of government, with multiple sovereignties and 53 court systems.
43
How many court systems exist in the US?
The US has 53 court systems: 50 state court systems, 1 federal court system, 1 tribal court system, and 1 military court system.
44
What distinguishes the US from the UK in terms of court systems?
The US has a federal system with multiple legal systems (state, federal, tribal, military), whereas the UK has a unitary system with one national legal system.
44
What is the lowest level of court in the general court hierarchy?
Trial courts (or courts of first instance) are at the bottom of the court hierarchy, responsible for determining questions of fact.
45
What do appellate courts review?
Appellate courts review cases based on misapplication of law and address matters of law, not facts.
45
What is the function of the Supreme Court or Court of Last Instance?
The Supreme Court is the highest court, handling final appeals on matters of law.
45
What are military courts?
Military courts deal with offenses committed by members of the armed forces, applying military law.
45
What are tribunals?
Tribunals are specialized bodies that handle specific legal disputes (e.g., immigration, employment), often outside the formal court system.
45
What is the key difference between the UK and US court systems in terms of structure?
The UK has a unitary court system with one national legal system, while the US has a federal court system with multiple legal systems across states, federal, and tribal jurisdictions.
45
What is the difference between courts of general jurisdiction and specialized courts?
Courts of general jurisdiction handle a wide range of cases, while specialized courts focus on specific areas, such as family law or commercial disputes.
46
What is the function of the U.S. Circuit Courts of Appeals?
The U.S. Circuit Courts of Appeals are intermediate appellate courts that hear appeals from the U.S. District Courts
46
What is the role of U.S. District Courts?
The U.S. District Courts are the trial courts of general jurisdiction where federal cases are usually tried.
46
What is the jurisdiction of the U.S. Circuit Courts of Appeals?
The U.S. Circuit Courts of Appeals have appellate jurisdiction and review legal issues, not facts, in cases appealed from district courts.
46
How many U.S. District Courts are there?
There are 94 U.S. District Courts across the U.S., each serving a federal district.
46
How many U.S. Circuit Courts of Appeals are there?
There are 12 regional U.S. Circuit Courts of Appeals and 1 Federal Circuit Court of Appeals for specific cases (e.g., patent law).
47
What is the role of the U.S. Supreme Court?
The U.S. Supreme Court is the court of last resort that makes final decisions on federal law and constitutional matters.
48
How many Justices sit on the U.S. Supreme Court?
The U.S. Supreme Court consists of 9 Justices: 1 Chief Justice and 8 Associate Justices.
48
What is the jurisdiction of the U.S. Supreme Court?
The U.S. Supreme Court has original jurisdiction in specific cases (e.g., disputes between states) and appellate jurisdiction for appeals from federal and state courts.
48
What does the U.S. Supreme Court decide on?
The U.S. Supreme Court decides if laws passed by Congress are consistent with the U.S. Constitution and can review decisions by state courts for constitutional consistency.
49
What is the federal court system in the U.S.?
The federal court system in the U.S. consists of 94 U.S. District Courts, 12 Circuit Courts of Appeals, and the U.S. Supreme Court, handling matters of federal law
50
What is the structure of the UK court system?
- England & Wales: Unified court system.
- Scotland & Northern Ireland: Separate systems, but follow the same general hierarchy.
- All systems are overseen by the UK Supreme Court as the final court of appeal.
50
What is the role of the Magistrates' Court and County Court in the UK?
- Magistrates' Court: Handles less serious criminal offenses (e.g., public order offenses).
- County Court: Deals with civil cases based on the value or complexity of the claim.
50
What is the final authority on constitutional issues in the U.S.?
The U.S. Supreme Court is the final authority on constitutional matters and has the power to review laws and state court decisions for constitutionality.
51
How are federal cases usually heard in the U.S.?
Federal cases are usually heard in the U.S. District Courts, then may be appealed to the U.S. Circuit Courts of Appeals, with final review by the U.S. Supreme Court.
51
What is the role of the Crown Court and High Court?
- Crown Court: Deals with serious criminal cases.
- High Court: Handles complex civil cases and some criminal cases. It also has appellate functions.
51
What is the function of the UK Supreme Court?
- The final court of appeal in the UK.
- Deals with constitutional issues and human rights matters
51
How is the UK court system different from the US court system in terms of political influence?
- UK courts are less politicized.
- Judges are selected for their legal training rather than political loyalty (unlike in the US).
52
What is the UK court system’s structure?
Unitary system: One single court system.
One Supreme Court located in London.
52
What is the hierarchy of courts in the UK?
- Magistrates' Court: Minor criminal cases.
- County Court: Civil cases based on value/complexity.
- Crown Court: Serious criminal cases.
- High Court: Complex civil cases, appellate functions
53
How is the choice between the County Court and High Court determined in the UK?
Based on the value of the claim or the complexity of the case.
54
What is the relationship between the UK's court system and devolution?
Devolution has no independent constitutional status.
Scotland & Northern Ireland have separate court systems, but their decisions are subject to the UK Supreme Court.
54
Does the UK Supreme Court have jurisdiction over immigration matters?
No, the UK Supreme Court does not have jurisdiction over immigration matters.
54
What is a Unanimous Judgment?
- All judges in the court reach a decision in complete agreement.
-Represents the view of the entire bench.
- No dissenting opinions.
55
What is a Per Curiam Judgment?
- A judgment issued by the court as a whole, without individual attribution.
- Typically used when the whole bench agrees on the decision.
- The decision reflects the collective opinion of all judges.
55
What is a Majority Judgment?
- The court could not reach a unanimous decision, but a majority agrees on the outcome (e.g., 2-1, 3-2).
- Represents the view of the majority of the judges.
- One or more concurring opinions may exist.
56
What does "v" in Smith v Jones stand for in a civil case citation?
It stands for versus.
57
What is a Concurring Judgment?
A judge agrees with the majority's decision but has different reasoning.
The concurring opinion does not change the outcome, only the rationale.
One or more concurring opinions may exist.
57
What is a Dissenting Judgment?
- A judgment where a judge disagrees with the majority decision.
- Explains why the judge disagrees and may influence future cases.
- Does not change the final outcome but may be persuasive later.
58
How is “v” pronounced in civil case citations?
It is pronounced as "and," e.g., Smith and Jones.
58
What is the case citation format for a civil case in GB?
Claimant v Defendant (e.g., Smith v Jones).
58
What does “R” in R v Smith stand for in criminal case citations?
It stands for Rex (King) or Regina (Queen), representing the Crown.
59
What is the case citation format for a criminal case in GB?
R (The Crown) v Defendant (e.g., R v Smith).
59
How is R v Smith pronounced?
It is pronounced "The Crown against Smith" or simply "Smith".
59
What is Stare Decisis?
A legal principle meaning "stand by decisions"—courts must follow previous decisions in similar cases.
60
What is precedent in law?
Precedent is when a previous court decision must be followed in future similar cases.
60
What is a statement of law in precedent?
A binding rule or principle established by a previous case, not based on facts.
60
What makes precedent binding?
The court must have similar facts and questions of law in both cases, and the court citing the precedent must have the authority to bind the current case.
61
What is the Ratio Decidendi?
The legal reasoning necessary for the decision in a case that forms the binding precedent.
61
What makes Ratio Decidendi binding on future cases?
It is the reasoning the court used to make its decision, and it must be based on similar facts and law.
62
Can Obiter Dicta be persuasive?
Yes, Obiter Dicta can be persuasive in later cases, even though it is not binding.
62
What is Obiter Dicta?
Other things said by the judge that are not necessary for the decision, often speculative or illustrative, and not binding.
62
What must a binding precedent involve?
A statement of law relevant to the case, and similar facts or questions of law from the previous case.
63
Which part of a case is considered the legal reasoning?
The Ratio Decidendi.
63
Which part of a case may influence later cases but is not binding?
Obiter Dicta.
64
What is a civil case caption example in GB law?
Smith v Jones (Claimant sues Defendant)
64
When is a case considered to have a binding precedent?
When the facts and legal issues are similar to previous cases, and the precedent comes from a court with the authority to bind.
65
What is the purpose of Stare Decisis?
To ensure consistency and predictability in the law by following previous decisions.
66
What is a criminal case example in GB law?
R v Smith (The Crown against Smith)
66
Which part of a judgment can be cited for future legal cases?
Ratio Decidendi, as it is binding.
66
What is a Superior Court?
A court of higher authority that makes binding decisions on lower courts.
66
How does Obiter Dicta differ from Ratio Decidendi?
Obiter Dicta is not essential to the decision, whereas Ratio Decidendi is the core reasoning necessary for the court's decision.
67
What is Vertical Stare Decisis?
The principle that all courts are bound by the decisions of superior courts. Lower courts must follow higher court rulings.
67
What is Horizontal Stare Decisis?
The principle that some courts are bound by their own previous decisions but can depart from them in certain cases.
67
Are higher courts bound by lower courts?
No, higher courts are not bound by the decisions of lower courts and can overrule them.
68
Who is bound by the Supreme Court’s decisions?
The Supreme Court’s decisions are binding on all courts, regardless of level.
68
What action can a Superior Court take when it chooses not to follow a previous decision?
Depart from the Previous Decision
The superior court decides not to follow the previous decision but does not overturn it.
68
What happens when a Superior Court agrees with a lower court's decision?
Affirm or Approve a Decision
The superior court agrees with the lower court’s decision, making it binding.
69
What action can a Superior Court take to maintain continuity of law?
Follow the Precedent
The superior court adheres to the legal principles set out in a previous case
70
What does it mean for a Superior Court to "Overrule" a decision?
Overrule (Overturn) a Decision
The superior court decides a previous decision is incorrect and changes the precedent.
71
What action does a Superior Court take when a lower court’s decision is based on a factual error?
Reverse a Decision
The superior court changes the decision of a lower court, usually on a matter of facts.
71
Why is Ratio Decidendi crucial for precedent?
It informs lower courts of the legal rule to follow in future cases with similar facts.
71
What does a Superior Court do when it invalidates a lower court’s ruling?
Quash a Decision
The superior court cancels or removes a decision made by a lower court.
72
What action can a Superior Court take if it wants a case to be reconsidered by a lower court?
Remit the Case
The superior court sends the case back to the lower court for further proceedings or reconsideration.
72
What must an Inferior Court do when a higher court has set a precedent?
Follow or Apply Binding Authority (Precedent)
Inferior courts must adhere to the decisions of superior courts.
72
How can an Inferior Court avoid following a precedent?
Distinguish and Avoid the Binding Authority
The lower court argues that the precedent does not apply due to material differences in facts.
73
Can Inferior Courts overturn precedent?
Limited Ability to Overturn Precedent
Inferior courts generally cannot overturn precedent but can distinguish it in specific cases.
74
Rules of Language
What do they refer to in legal interpretation?
These rules require words or phrases in a statute to be understood in their natural and ordinary sense unless specified otherwise.
74
Rules of Construction/Interpretation
What are they?
Guidelines judges use to interpret and apply the law, especially unclear or ambiguous legislation. These include rules of language, presumptions, aids to interpretation, and specific rules like the literal rule.
74
Presumptions in Legal Interpretation
What are they?
Presumptions are assumptions applied by courts to interpret laws, unless the statute clearly states otherwise. A common presumption is that legislation does not affect existing rights unless explicitly stated.
74
Aids to Interpretation
What are these in legal cases?
Aids to interpretation are additional materials or sources used by courts to clarify ambiguous legislative text, such as parliamentary debates, case law, or historical context.
75
What does the literal rule of interpretation require?
It requires the court to apply the natural and ordinary meaning of the words in the statute, regardless of any possible unintended results.
75
What is a major issue with applying the literal rule?
It can lead to absurd or unjust outcomes if the law is poorly drafted or doesn’t cover all potential cases.
75
When is the Literal Rule Applied?
The literal rule is used when the language of the law is clear and unambiguous.
75
Absurd Result in Literal Rule
What does "absurd result" mean in legal interpretation?
It refers to an unreasonable or nonsensical outcome that arises from applying the literal meaning of a law, even though it may not have been the intended effect.
76
Give an example of an absurd result from the literal rule.
A statute banning “vehicles” in a park could prevent children from riding bicycles, which likely wasn’t the lawmaker’s intention.
76
What is a Crown Court?
A court that judges serious criminal offences, located in every county in the UK.
76
What is the role of the judge in a Crown Court?
The judge sits on the bench and oversees the trial, ensuring proper legal procedures are followed. There is only one judge in a Crown Court.
76
What does an usher do in a Crown Court?
The usher escorts people in and out of the courtroom and maintains order during proceedings
77
What is the role of the clerk in a Crown Court?
The clerk keeps records of the court proceedings and assists the judge with administrative tasks.
77
How do solicitors and barristers work together?
Solicitors are instructed by the client and then instruct barristers to represent the client in court. Solicitors are the main point of contact with the client, while barristers handle court appearances.
77
What attire do legal professionals wear in a British court?
Legal professionals (judges, barristers, solicitors) wear robes and whigs (wigs) when speaking in court.
78
What is the difference between a barrister and a solicitor?
- Solicitor: Gets instructions from clients, provides legal advice, and prepares evidence.
- Barrister: Specializes in making arguments in court during hearings and trials.
79
What is the Crown Prosecution Service (CPS)?
The CPS decides whether to bring charges against a person. The prosecutor makes the final decision to charge, not the victim.
79
What is an arraignment?
An arraignment is the formal reading of charges to the defendant to ensure they understand the charges, followed by the defendant entering a plea.
79
Who replaces the usher in US courtrooms?
The bailiff or sheriff, an armed officer maintaining order in the court.
80
Are US courtroom proceedings typically public?
Yes, court processes are public, unless involving national security, sensitive evidence, or minors.
80
What is the role of a grand jury in felony cases?
The grand jury determines whether there is enough evidence to bring an indictment, but does not decide on guilt or innocence.
81
What is the role of a court reporter in the US?
The court reporter transcribes the court proceedings.
81
How formal is the courtroom attire in the US?
The judge wears a robe, but no wigs, and attorneys wear regular dress (no distinction between barristers and solicitors).
82
Where does the defendant sit during a trial in the US courtroom?
The defendant sits next to their attorney.
83
What is the purpose of a trial?
The trial is a judicial examination of the issues between the parties involved.
84
What are opening statements in a trial?
Both the prosecution/applicant and defense/respondent outline their cases and what they hope to prove.
84
What does the judge do after closing arguments?
The judge sums up the evidence, gives instructions to the jury (in jury trials) on applicable law, and then the jury deliberates.
84
What are closing arguments?
Both sides summarize the evidence presented during the trial.
84
How does the prosecution present its case in a trial with witnesses?
The prosecution calls witnesses, questions them (direct examination), allows cross-examination, and may re-examine witnesses.
85
How is the verdict announced in a trial?
The verdict is announced in open court after the jury’s deliberation.
86
What is the burden of proof in criminal cases?
The prosecution must prove the defendant's guilt beyond a reasonable doubt.
87
What does "presumption of innocence" mean in criminal cases?
The accused is presumed innocent until proven guilty.
88
What happens if the prosecution fails to meet the burden of proof in a criminal case?
The defendant is given a verdict of not guilty.
88
What is required for a criminal verdict to be reached?
The jury must reach a unanimous verdict beyond a reasonable doubt.
89
What is the burden of proof in civil cases?
The claimant must show that the defendant is liable on the balance of probabilities (more than 50% probable).
89
What is a mistrial?
A mistrial occurs if the jury cannot agree on a verdict; it is not an acquittal but a declaration that no verdict has been reached.
89
What does the appellate court consider in an appeal?
The appellate court reviews appeals based on points of law arising from the lower court's judgment.
90
How does the appeal process work in the US?
The losing party can seek permission to appeal from a judge or lower court to a higher court.
91
What is the significance of a judge’s reasoning in a case?
The reasoning explains how the law was applied to the facts, providing guidance for future cases
91
What are Judicial Opinions?
Judicial opinions are written decisions by judges explaining how they resolved a particular legal dispute and their reasoning.
91
What is a citation in a judicial opinion?
The citation is the official reference for the case, including the case number, court, and year of the decision.
92
What are issues of law in a case?
Issues of law describe the legal principles the court applies to decide the case, such as constitutional law, statutory law, or common law.
92
What is the importance of Judicial Opinions?
Judicial opinions evolve the law through progressive jurisprudence, guiding future cases with the reasoning and principles set in the opinion.
92
What is the title/caption of a judicial opinion?
The title/caption is the heading of the case, typically including the names of the parties involved.
93
What are issues of law in a judicial opinion?
Issues of law describe the legal principles or questions the court uses to resolve the case.
93
What are the facts in a judicial opinion?
The facts summarize the key events that led to the legal dispute and may include procedural history prior to the case being presented to the court.
93
What is the author of the opinion in a judicial decision?
The author is the judge who wrote the decision. If no specific judge is identified, it may be "per curiam."
94
What are concurring and dissenting opinions?
These are opinions written by judges who agree or disagree with the majority decision, offering alternative reasoning.
94
What are the facts of the case in a judicial opinion?
The facts reflect the events that led to the case, including what happened between the parties and the procedural history.
94
What is the holding or decision in a judicial opinion?
The holding or decision is the court's final ruling on the case and judgment on the legal issues at hand.
94
What is the significance of the facts in a judicial opinion?
The facts selected by the judge represent what they deem important for resolving the dispute and may focus on key material facts.
94
What should you focus on when reading the issues of law in a case?
Focus on the legal principles or rules the court applies to resolve the case and the sources of law it uses.
95
How do you critically read a judicial opinion?
Understand the facts, each party’s arguments, the result, the reasoning of the majority and any concurring or dissenting opinions, and the potential impact of the decision.
95
What is procedural history in the facts section?
Procedural history describes the sequence of legal steps, hearings, or motions that occurred before the case reached the current court.
95
What is ratio decidendi in a judicial opinion?
Ratio decidendi is the legal reasoning or principle of law that forms the basis for the court’s decision, creating binding precedent.
95
What are the sources of law in judicial decision-making?
Sources of law include the Constitution, statutory law, and common law
95
What are the methods of reasoning used by the court?
Methods include public policy, statutory interpretation, application of precedent, and considerations of fairness or morality.
95
What are obiter dicta in a judicial opinion?
Obiter dicta are additional remarks made by the judge that are not necessary for the decision and are not binding, though they may be persuasive.
95
What should you focus on when reading the facts of a case?
Focus on the material facts and the procedural history, understanding what events led to the legal dispute.
95
What are the possible effects of a judicial opinion?
The effect could influence future legal cases and establish new precedents, impacting legal practices and interpretations of the law.
96
What is a judicial opinion?
A judicial opinion is a written decision by judges explaining how they resolved a legal dispute and their reasoning.
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What is the importance of judicial opinions?
Judicial opinions evolve law through progressive jurisprudence, creating precedents for future cases.
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What are the key components of a judicial opinion?
Title/Caption, Citation, Author, Facts, Issues of Law, Holding/Decision (Disposition), Concurrences/Dissenting Opinions.
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What is included in the Title/Caption of a judicial opinion?
The case title, usually listing the parties involved (e.g., Smith v. Jones).
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What is a Citation in a judicial opinion?
A citation refers to the reference that allows you to locate the case in legal databases, including the volume number, reporter, and page number.
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What does Author of the Opinion refer to?
The judge who authored the decision, or "per curiam" (meaning by the court collectively).
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What is the Facts section of a judicial opinion?
It outlines the events that led to the legal dispute and may include procedural history.
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What does the Issues of Law section describe?
It outlines the legal principles and questions the court addresses, applying them to the case facts.
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What are Concurrences and/or Dissenting Opinions?
Additional opinions written by judges who agree or disagree with the majority decision, explaining their reasons.
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What is the purpose of Concurrences/Dissenting Opinions?
To provide different or opposing views on the decision, offering additional legal reasoning or interpretations.
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What is the Holding/Decision (Disposition) in a judicial opinion?
The court's final decision on the matter, such as guilty/not guilty or liability/no liability.
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Why are Facts of the Case important in a judicial opinion?
They summarize what happened between the parties and any procedural history, reflecting what the judge deemed relevant.
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What is the significance of Procedural History in the Facts section?
It includes motions, hearings, and trials before the case reached the current court.
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What are the Issues of Law?
The legal principles and rules the court applies to resolve the dispute, including statutory law, common law, or constitutional law.
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What Sources of Law are used in resolving issues of law?
Constitutional law, statutory law, common law, or a combination of these sources.
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What methods of reasoning are used by courts in issues of law?
Public policy, statutory interpretation, application of precedent, and notions of fairness or equity.
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What should you look for when reading a case?
Understand the facts, the arguments, the majority opinion's reasoning, and any concurring/dissenting opinions.
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What is Ratio Decidendi?
The legal reasoning that binds the case as a precedent and is essential in understanding the majority opinion.
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How should you think critically when reading a judicial opinion?
Evaluate the court's reasoning, whether you agree or disagree, and consider the broader implications of the decision.
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What is included in the "Court Holding"?
The decision or judgment of the court, indicating who won and what the court ruled on the issue(s) presented.
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What is a case citation?
A formal reference to a case, including the title (e.g., Smith v. Jones), year, court, and case number. It helps locate and identify the case.
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What does the "Statement of Issue(s)" outline?
The legal dispute the court needs to resolve, such as what rule of law should be applied, how a rule element should be defined, or what legal tests should be used.
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What is the "Rationale (Ratio Decidendi)" in a case brief?
The reasoning behind the court's decision, explaining the legal argument step by step that led to the court’s ruling.
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What should be analyzed in the "Analyses" section of a case brief?
Evaluation of the case's significance, its relationship to other cases, its place in legal history, its impact on society, and how the court made its decision.
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What should the "Facts of the Case" include?
The essential facts of the case, focusing on those directly related to the legal issue at hand. It may include events leading to the dispute and procedural history.
