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36 Cards in this Set
- Front
- Back
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Federalism |
3 levels of government Federal government (national and United States government) Fifty state governments (plus District of Columbia, which is treated like a state) Local governments (called counties , cities, townships, etc.) |
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Federalism is the division of powers between the.. |
Federal government and state governments. |
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Checks and balances |
An allocation of governmental powers whereby one branch of government can block, check, or review what another branch wants to do (or has done) in order to maintain a balance of order among the legislative, executive, bd judicial branches so that no one branch can dominate the other 2 |
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Primary authority |
A law written by one of the three branches of government |
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Secondary authority |
A nonlaw (e.g., a legal periodical article) that summarizes, describes, or explains the law but is not the law itself |
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Common Law |
(1) judge- made law in the absence of controlling statutory law or other higher law. Law derived from court opinions.(2) the court opinions and statutes in England and in the American colonies before the American Revolution.(3) the legal system of England and of those countries such as the United States whose legal system is based on England’s. |
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Derogation |
A partial repeal or abolishment of law |
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Precedent |
A prior opinion or decision covering similar facts or issues in a later case that can be used as a standard or guide in the later case. |
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Stare Decisis |
(“Stand by things decided”) Courts should decide similar cases in the same way unless there is a good reason for the court to do otherwise. |
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Appellate brief |
A document that a party files with an appellate court (and serves on an opponent) in which the party presents arguments on why the appellate court should affirm (approve), reverse, vacate (cancel), or otherwise modify what a lower court has done. |
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En Banc |
(“On the Bench”) By the entire court. |
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Bicameral |
Having 2 chambers in the legislature; it is unicameral. |
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Unicameral |
Having 1 chamber in the legislature. |
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How many circuits in the U.S. Court of Appeals. |
There are 12 circuits in the U.S. Court of Appeals |
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Trial courts are what type of jurisdiction ? |
Subject Matter Jurisdiction |
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Element |
A portion of a rule that is a precondition of the the applicability of the entire rule. |
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Element of contention |
The portion of a rule about which parties cannot agree. |
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Memorandum |
A short note; a written record of a transaction; or a memorandum of law or legal memorandum, which is a written explanation of how one or more rules might apply to the facts of a clients case |
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Memorandum of Law |
A written explanation of how one or more rules might apply to the facts of a client’a case. Also called memo, legal memorandum. |
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IRAC (and what is it used for) |
State the issue (I); based on the element in contention. State the rule (R) you are trying to apply to the fact; will include the element of contention Apply the rule to the facts (A). Apply the definition of the language of the element that is in contention. Show who both sides would argue their positions. State the conclusion (C). Which side do you believe has the better argument on whether the rule applies to the facts. |
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Casebook |
A law-school textbook containing numerous edited court opinions and related materials assembled for a course. |
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Case brief |
A brief consists of the ten parts of a court opinion: citation, parties, objectives of the parties, theories of the litigation, facts, issues, holdings, reasoning, and disposition. |
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Trial Brief |
(1) An attorney’s written presentation to a trial court of the legal issues and positions of his or her client (also called trial memorandum). (2) An attorney’s personal notes on how he or she will conduct a particular trial (also called trial manual, trial book). |
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Holding |
A court’s answer to one of the legal issues in the case. also called ruling. |
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Reporter |
A volume (or set of volumes) of court opinions. Also called case reports. |
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Thumbnail brief |
Is a brief of a brief; a shorthand version of the ten-part comprehensive brief. |
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Mandatory Authority |
Primary authority that is binding; it must be followed. Examples: the statues of a state “x” are mandatory authority in a state “x”; opinions of the highest state court in the state “x” are mandatory authority in a every lower state court “x” so that all lower state courts must rely on the mandatory authority in reaching there decisions. |
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Persuasive Authority |
Any primary or secondary authority that is not binding on a court, but that could be relied on by the court because it finds the authority helpful (persuasive) in reaching its decision. |
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IFRAC |
Same as IRAC but (F) State the facts that have raised the issue. |
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Appellant |
The party bringing an appeal because of disagreement with a decision of lower tribunal. Also called petitioner. |
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Respondent |
The party against whom an appeal is brought. Appellee. |
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What are shepherd’s citations and keycite called? |
Citators |
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Remand |
To send back. For example, to return a case to a lower tribunal with instructions from a higher tribunal (e.g. an apellate court) on how to proceed. |
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Judge-made Law |
Legal doctrines established by judicial precedents rather than by a statue. Also known as Case Law. |
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The legislative history of a statue consists of ? |
Hearings, debates, amendments, committee reports, and all other events that occur in the legislature before a bill is enacted into a statute. |
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A memorandum of a Law |
Introduction Issue and summary conclusion Facts Rule Application (also called Analysis or discussion) Conclusion Recommendation (if needed) Appendix (if needed) |
