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