Intro to Law Final Terms - Andy Wiltsch Final Study Guide...

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Andy Wiltsch Final Study Guide Test 1 Chapter I 1. Fact Bound- Legal Issues are said to be fact bound when even a minor change in the facts can change the outcome. 2. Cause of Action- A claim that, based on the law and the facts, is sufficient to support a lawsuit. 3. Constitution- The fundamental law of a nation or state 4. Statute- A law enacted by a state legislature or by Congress 5. Ordinance- A law enacted by a local government; a subcategory of statutory law. 6. Regulation- A law promulgated by an administrative agency. 7. Mandatory Authority- Court decisions from a higher court in the same jurisdiction. 8. Persuasive Authority- Court decisions from an equal or a lower court from the same jurisdiction or from a higher court in a different jurisdiction. 9. Stare Decisis- The doctrine that normally once a court has decided an issue, other courts in the same jurisdiction will decide the same way. 10. Substantive Facts- Things that happened to the parties before the litigation began and that are relevant to their claims 11. Procedural Facts- Actions taken by lower courts or administrative agencies before the case reached the court issuing the opinion you are reading. 12. Legal Issues- Questions about the interpretation and application of the law. 13. Affirm- When the higher court agrees with what the lower court has done. 14. Reverse- When the higher court disagrees with what the lower has done. 15. Remand- When an appellate court sends a case back to the trial court for a new trial or other action. 16. Concurring Opinion- An opinion that agrees with the majority’s result but disagrees with its reasoning. 17. Dissenting Opinion- An opinion that disagrees with the majority’s decision and reasoning. 18. Case Briefing- A method for summarizing court opinions. 19. Rule- In a case brief, the general legal principle in existence before the case began. 20. Issue- In a case brief, the legal question facing the court. 21. Holding- In a case brief, the court’s answer to the issue presented to it; the new legal principle established by the court opinion. 22. Narrow Holding- a statement of the court’s decision that contains many of the case’s specific facts, thereby limiting its future applicability to a narrow range of cases. 23. Broad Holding- A statement of the court’s decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases. 24. Ratio Decidendi- The court’s reason for its decision. 25. Dictum- A statement in a judicial opinion not necessary for the decision of a case. 26. Legal Reasoning- The application of legal rules to a client’s specific factual situation; also known as legal analysis . Chapter II 27. Laws- Rules of Conduct promulgated and enforced by the government. 28. Jurisprudence- The study of law and legal philosophy.
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