Legal Research

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Legal Research
2011-11-01 11:42:37
Vocabulary Study

Legal Research Mid Term notes
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  1. Authority that explains the law but does not
    itself establish it, such as a treatise, annotation, or law-review article.
    Secondary Authority
  2. Authority that issues directly from a law-making
    body; legislation and the reports of litigated cases.
    Primary Authority
  3. A law passed by a legislative body; any positive
    enactment to which the state gives force of a law is a ‘statute.’
  4. 1.
    The fundamental and organic law of a nation or
    state, establish the conception, character, and organization of its government,
    as well as prescribing the extent of its sovereign power and the manner of its
  5. The collection of reported cases tht form the
    body of law within a given jurisdiction.
    Case Law
  6. The lower chamber of the U.S. Congress, compsed
    of 435 members – apportioned among the states on the basis of population – who
    are elected to two-year terms. The lower house of a state legislature. Often
    shortened to house.
    House of Representatives
  7. The upper chamber of a bicameral legislature.
    The upper house of the U.S. Congress, composed of 100members two from each
    state – who are elected to 6 year terms.
  8. A formal meeting of delegates or representatives. The legislative body of the federal government,
    created under U.S. Const. art. I § 1 and consisting of the Senate and the House
    of Representatives.
  9. are issued under
    authority delegated to the agency by a federal statute or by authority of a
    Presidential Executive Order.
    Administrative Regulations
  10. (1) the power given to a court by a constitution
    or legislative body to make legally biding decisions over certain persons,
    property, or subject matter, or (2) the geographical area in which a court’s
    decisions or legislative enactments are binding.
  11. A court’s power to hear and decide a matter
    before any other court can review the matter.
    Original Jurisdiction
  12. The power of a court to review and revise a
    lower court’s decision.
    Appellate Jurisdiction
  13. The party who brings a civil suit in a court of law
  14. The branch of government charged with
    administering and carrying out the law.
    Executive Branch
  15. The branch of government consisting of the courts, whose function is to
    interpret, apply and generally administer and enforce the laws.
    Judicial Branch
  16. The branch of government responsible for enacting laws.
    Legislative Branch
  17. (of a legislative body) Having two branches or chambers
  18. The finding and assembling of authorities that bear on a question of
    law. 2. The field of study concerned with the effective marshaling of
    authorities that bear on a question of law.
    Legal Research
  19. are authoritative
    statements of legal rules by governmental bodies. They include opinions of
    courts, constitutions, legislation, administrative regulations and opinions,
    and rules of court.
    Primary Sources
  20. are materials about the law that are used
    to explain, interpret, develop, locate or update primary sources. The major
    types of secondary sources are treatises, Restatements, Looseleaf services. . .
    law reviews and other legal periodicals, legal encyclopedias, American Law
    Reports (A.L.R.) Annotations, and legal dictionaries.
    Secondary Sources
  21. A system of law promulgated and implemented within a particular
    political community by political superiors, as distinct from moral law or law
    existing in an ideal community law typically consists of enacted law – the codes, statutes, and regulations that
    are applied and enforced in the courts.
    Positive Law
  22. is a statutory law that
    deals with the legal relationship between people or the people and the state.
    Therefore, substantive law defines the rights and duties of the people, but
    procedural law lays down the rules with the help of which they are enforced.
    The differences between the two need to be studied in greater detail, for
    better understanding.
    Substantive Law
  23. comprises the set of rules
    that govern the proceedings of the court in criminal lawsuits as well as civil
    and administrative proceedings. The court needs to conform to the standards
    setup by procedural law, while during the proceedings. These rules ensure fair
    practice and consistency in the "due process".
    Procedural Law
  24. Preceding in time or order, 2. A decided case that furnishes a basis for determining later
    cases involving similar facts or issues.
  25. The doctrine of precedent, under which it is
    necessary for a court to follow earlier judicial decisions when the same points
    arise again in litigation.
    Stare decisis
  26. ("statutory law") is law, which
    has been promulgated (or "enacted") by a legislature or other
    governing body, or the process of making it.