Foundational legal research, writing, and citation concepts for an intro college legal studies course.
34 cards · basic cards · AI-written, checked twice. Edit anything.
- What is the Bluebook?
- The standard system for legal citation used in most US law schools and courts.
- Define holding.
- The core legal principle or rule decided by a court in a case.
- What is dicta in a case opinion?
- Statements made by the court that are not essential to the decision.
- Define stare decisis.
- The doctrine of following precedent; courts should adhere to prior decisions.
- What is precedent?
- A prior court decision that guides how later courts should decide similar cases.
- What is mandatory authority?
- A source of law that courts must follow, such as higher court decisions.
- What is persuasive authority?
- A source of law that courts may consider and follow, but are not bound by.
- Define primary authority.
- Direct sources of law: constitutions, statutes, regulations, and court cases.
- Define secondary authority.
- Works about law: treatises, law review articles, restatements, and commentaries.
- What is statutory law?
- Laws enacted by legislatures, such as the US Congress or state legislatures.
- Define common law.
- Law developed through court decisions and precedent rather than statute.
- What is regulatory law?
- Rules and standards created by government agencies under delegated authority.
- Define case brief.
- A condensed summary of a court opinion capturing its key elements.
- What are the main components of a case brief?
- Issue, facts, holding, and reasoning (rule and analysis).
- What is an issue statement?
- A question that identifies what legal principle or rule the case addresses.