Constitutional Law and the Criminal Justice System Ch 4
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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
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)
what secondary sources are available?
- Legal Periodicals
- 1)law school publications
- 2)Bar Association publications
- 3)Special subject and interest periodicals
/Texts - a comprehensive document on a legal subject
Legal Dictionaries -
- Legal Encyclopedias - 3 types are
- 1)General law
- 2)local or state law
- 3)Special Subject
define words in their legal sense.
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
what is the national reporter system?
publishes regional sets of cases, as well as individual sets for specific states
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
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
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
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
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
Vocab: Popular literature
- Publications written for the layperson
- ex: Time, newsweek or even Reader's Digest.
Vocab: Professional Literature
Publications written for the practitioner in the field.
Vocab: Scholarly Literature
Publications written for those interested in theory, research and statistical analysis
Vocab: Primary information sources
Raw Data or the original information
Vocab: Secondary Information Sources
Information that is BASED ON the raw data or the original information
a Comprehensive document on a legal subject
Vocab: Legal Citation
a standardized way of referring to a specific element in the way
Vocab: string cites
additional legal citations showing where a case may be found in commercial reporting services
Vocab: National Reporter System
Published regional sets of cases, as well as individual sets for specific states
The Title of a Case setting forth the parties involved
The Rule of law applied to the particular facts of the case and the actual decision
agree with a lower Court's decision
Overturn the decision of a lower Court
return a case to the lower court for further action
set aside or annul a case
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
Vocab: Dissenting opinion
written by a Justice who disagrees with the holding and voted against the majority
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
statements by a court that do not deal with the main issue in the case or an additional discussion by the court
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
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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