Constitutional Law and the Criminal Justice System Ch 4

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Amacias805
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237264
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Constitutional Law and the Criminal Justice System Ch 4
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2013-09-27 05:35:08
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Constitutional Law Criminal Justice System
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Constitutional Law and the Criminal Justice System Ch 4
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  1. at what levels information about law may be written
    • information may be written at a
    • popular level - for the layperson
    • professional level - for the practitioner
    • Scholarly level - for the researcher
  2. what are primary and secondary sources?
    Primary information Sources - present the raw data or the original information

    Secondary information sources - present data or information based on the original information for legal research. (example: periodicals, Treatise/textbooks, encyclopedias, and dictionaries)
  3. what secondary sources are available?
    • Legal Periodicals
    •   1)law school publications
    •   2)Bar Association publications
    •   3)Special subject and interest periodicals

    Treatises/Texts - a comprehensive document on a legal subject

    • Legal Encyclopedias - 3 types are
    •   1)General law
    •   2)local or state law
    •   3)Special Subject

    Legal Dictionaries - define words in their legal sense.
  4. what is a legal citation? what does it include?
    is a standardized way of referring to a specific element in the law. 

    it has three basic parts: 1) a volume number 2)an abbreviation for the title 3)a page or section number
  5. what is the national reporter system?
    publishes regional sets of cases, as well as individual sets for specific states
  6. what are the components of a legal opinion?
    • usually contains
    • 1)Description of the facts
    • 2)statement of the legal issues presented
    • 3)relevant rules of law
    • 4)the holding
    • 5)the policies and reasons that support the holding
  7. what skills are needed to read case law?
    • the skills and process needed to read case law are:
    • 1)Thinking in reverse
    • 2)untangling the interplay of the basic components
    • 3)drawing inferences
  8. what six sections are usually included in a case "brief"
    • 1)the case name and citation
    • 2)summary of key facts
    • 3)the legal issues involved
    • 4)the courts decision
    • 5)the reason for that decision
    • 6)any separate concurring or dissenting opinions 
  9. how do you determine whether a case has been overturned or expanded upon?
    By Shepardizing: Using the resource Shepard's Citations - a reference that tracks cases so legal researchers can easily determine whether the original holding has been changed through any appeals
  10. How do you distinguish between reliable and questionable information found on the internet?
    to evaluate the reliability of information found on the internet, consider the credibility of the source and the currency of the information
  11. Vocab: Popular literature
    • Publications written for the layperson
    • ex: Time, newsweek or even Reader's Digest.
  12. Vocab: Professional Literature
    Publications written for the practitioner in the field.
  13. Vocab: Scholarly Literature
    Publications written for those interested in theory, research and statistical analysis
  14. Vocab: Primary information sources
    Raw Data or the original information
  15. Vocab: Secondary Information Sources
    Information that is BASED ON the raw data or the original information
  16. Vocab: Treatise
    a Comprehensive document on a legal subject
  17. Vocab: Legal Citation
    a standardized way of referring to a specific element in the way
  18. Vocab: string cites
    additional legal citations showing where a case may be found in commercial reporting services
  19. Vocab: National Reporter System
    Published regional sets of cases, as well as individual sets for specific states
  20. Vocab: Caption
    The Title of a Case setting forth the parties involved
  21. Vocab: Holding
    The Rule of law applied to the particular facts of the case and the actual decision
  22. Vocab: affirm
    agree with a lower Court's decision
  23. Vocab: Reverse
    Overturn the decision of a lower Court
  24. Vocab: Remand
    return a case to the lower court for further action
  25. Vocab: Vacate
    set aside or annul a case
  26. Vocab: Concurring opinion
    one written by a Justice who agrees with the holding, but who gives additional or different reasons for voting with the majority
  27. Vocab: Dissenting opinion
    written by a Justice who disagrees with the holding and voted against the majority
  28. Vocab: Brief
    an outline of a legal case that contains the case name and citation, a summary of key facts, the legal issues involved, the court's decision, the reasons, for that decision and any separate opinions or dissents
  29. Vocab: Dicta
    statements by a court that do not deal with the main issue in the case or an additional discussion by the court
  30. Vocab: Shepardizing
    Using the resource Shepard's Citations - a reference that tracks cases so legal researchers can easily determine whether the original holding has been changed through any appeals
  31. Vocab: Information literacy
    the ability to effectively identify an issue, narrow that issue, access appropriate online sites, separate fact from fiction and present the findings professionally

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