Study of Law Vocabulary

Study of Law Vocabulary - Study of Law Vocabulary Chapter...

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Study of Law Vocabulary Chapter 1:Introduction to the Study of Law Fact bound - Legal issues are said to be fact bound when even a minor change in the facts can change the outcome. Cause of Action - A claim that, based on the law and the facts, is sufficient to support a lawsuit. Constitution - the fundamental law of a nation or state. Statute - A law enacted by a state legislature or by Congress. Ordinance - A law enacted by a local government; a subcategory of statutory law. Regulation - A law promulgated by an administrative agency. Mandatory Authority - Court decisions from a higher court in the same jurisdiction Persuasive Authority - Court decisions from an equal or a lower court from the same jurisdiction or from a higher court in a different jurisdiction. Stare Decisis - The doctrine that normally once a court has decided an issue, other courts in the same jurisdiction will decide the same way. Substantive Facts - things that happened to the parties before the litigation began and that are relevant to their claims. Procedural Facts - actions taken by lower courts or administrative agencies before the case reached the court issuing the opinion you are reading. Legal Issues - questions about the interpretation and application of the law. Affirm - when the higher court agrees with what the lower court has done. Reverse - when the higher court disagrees with what the lower has done.
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Remand - when an appellate court sends a case back to the trial court for a new trial or other action. Concurring opinion - an opinion that agrees with the majority’s result but disagrees with its reasoning. Dissenting opinion - an opinion that disagrees with the majority’s decision and reasoning. Case briefing - a method for summarizing court opinions. Rule - in a case brief, the general legal principle in existence before the case began. Issue - in a case brief, the legal question facing the court. Holding - in a case brief, the court’s answer to the issue presented to it; the new legal principle established by the court opinion. 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. 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. Ratio decidendi - the court’s reason for its decision. Dictum - a statement in a judicial opinion not necessary for the decision of the case. Legal reasoning - the application of legal rules to a client’s specific factual situation; also known as legal analysis. Chapter 2: Functions and Sources of Law Laws - rules of conduct promulgated and enforced by the government
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Jurisprudence - the study of law and legal philosophy Natural law - a legal philosophy whose proponents think there are ideal laws that can be discovered through careful thought and humanity’s innate sense of right and wrong. Legal positivism
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This note was uploaded on 05/03/2011 for the course PLS 100 taught by Professor O'hallaron during the Fall '10 term at Saint Louis.

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Study of Law Vocabulary - Study of Law Vocabulary Chapter...

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