Legal Research and Writing Glossary Quiz

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nsmorg2
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282340
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Legal Research and Writing Glossary Quiz
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2014-09-07 20:16:25
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law legal
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Flashcards for LAS 200 Glossary Quiz
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  1. Administrative Law
    Rules, regulations, orders, and decisions adopted by administrative agencies that have authority of law
  2. Advocacy
    To support or urge the adoption of a position through the use of argument
  3. Affirm
    A decision of an appellate court that upholds the decision of the trial court
  4. Agreement
    Words that are related must agree in number and gender
  5. Antecedent
    A word clause or phrase referred to by a pronoun
  6. Apostrophe
    A mark that indicates possession
  7. Appeals Court
    A court that reviews the decision of a lower court to determine and correct any error that might have been made
  8. Appellant
    The party who files an appeal
  9. Appellate Brief
    An external memorandum of law submitted to a court of appeals that presents that legal analysis, authority, and argument in support of a position that the lower court decision or ruling was either correct or incorrect
  10. Appellee
    The party who opposes the appeal
  11. Authority
    Anything a court may rely on when deciding an issue
  12. Background Facts
    Fact presented in a court opinion, case brief, or legal memorandum that put the key facts in context
  13. Brackets [...]
    Marks used to show changes or additions to quotations
  14. Brief Answer
    A section of a memorandum of law that presents a brief, precise answer to the issues addressed in the memorandum
  15. Cannons of Construction
    The rule and regulations courts use when interpreting statues
  16. Caption
    In a opinion, the caption consists of the names of the parties to a lawsuit and their court status
  17. Caes Brief
    A written summary identifying the essential components of a court opinion
  18. Case Law Analysis
    The analytical process engaged in to determine if and how a decision in a court opinion either governs or affects the outcome of a client's case
  19. Cause of Action
    The legal basis upon which a lawsuit is based
  20. Citation
    Information that allows the reader to locate where a reference can be found
  21. Collateral Estoppal, Doctrine of
    The doctrine prevents a party in a lawsuit from re-litigating an issue that has been decided in a previous lawsuit
  22. Colon (:)
    The punctuation mark used to introduce or call attention to information that follows
  23. Comma (,)
    The most frequently used punctuation mark used to separate part of a sentence
  24. Common Law/Case Law
    The body of law created by the courts composed of general legal rules, doctrines, and principles adopted by courts when interpreting existing law or when creating law in the absence of controlling enacted law
  25. Constitution
    A governing document adopted by the people that establishes the framework for the operation of the government, defines the power of the government, and guarantees the fundamental rights of the people
  26. Contraction
    A word formed by combining to words (can't, isn't)
  27. Counter-analysis
    The process of discovering and considering the counterarguments to a legal position or argument
  28. Counterargument
    The argument in opposition to a legal argument or position
  29. Court Opinion
    The statement of a court of its decision reached in a case, the rule that applies, and the reasons for the court's decision
  30. Court Rules
    Procedural rules adopted by a court that governs the litigation process
  31. Dangling Modifier
    A modifier that does not modify any other part of the sentence
  32. Dash (-)
    A mark used in a sentence to emphasize something, set off lists, briefly summarize materials containing commas, or show an abrupt change of thought or direction
  33. Defendant
    The party against whom a lawsuit is brought
  34. Demand/Advocacy Letter
    Correspondence designed to persuade someone to take action favorable to the interests of the client or cease acting in a manner that is detrimental to the client
  35. Dissenting Opinion
    A judicial opinion in a case that disagrees with the majority opinion
  36. District Court
    In many states, the trial court of general jurisdiction
  37. Ejusdem Generis
    A cannon of construction that provides that whenever a statute contains a specific list followed by a general term, the general term is interpreted to be limited to other things of the same class or kind as the list
  38. Element
    An essential component of law, rule, principle, or doctrine
  39. Ellipsis (...)
    The use of three dots to indicate the omission of part of a quotation
  40. Enacted Law
    The body of law adopted by the people or legislative bodies, including constitutions, statutes, ordinances, and administrative rule and regulations
  41. Expessio Unius
    A cannon of construction that provides that if a statute contains a list of items covered by the statute, everything else in included
  42. External Memorandum
    A memorandum of law designed for use outside the law office
  43. Fact
    Information concerning some thing, action, event, or circumstance
  44. General Jurisdiction
    A court of general jurisdiction has the power, with few exceptions, to hear and decide any matter brought before it
  45. Headnotes
    Summaries of the points of law discussed in a court opinion prepared by the publisher of an opinion
  46. Holding
    The court's application of the rule of law of the legal question raised by the facts of a case; the court's answer to the legal issue of a case
  47. Hypen (-)
    A mark used to form compound modifiers and compound nouns (well-know, ex-judge)
  48. Infinitive
    A verb form that functions as a noun or as an auxiliary verb (e.g. to argue, to leave)
  49. Information Letter
    Correspondence that provides general legal information or background on a legal issue
  50. Intellectual Honesty
    To research and analyze a problem objectively
  51. IRAC
    Issue, Rule, Analysis/Application, Conclusion
  52. Irrelevant Facts
    Facts that are coincidental to an event but are not of significant legal importance in a case
  53. Issue
    The precise legal question raised by the specific facts of a dispute
  54. Issue Comprehensive/Narrow Statement
    A complete statement of the issue that includes the specific law, legal question, and key facts
  55. Issue Short/Broad Statement
    A broad formulation of the issue that usually does not include reference to the specific facts of the case or the applicable law
  56. Jurisdiction
    The court's authority to hear and resolve specific disputes (e.g. subjection matter and personal jurisdiction)
  57. Key Fact(s)
    The legally significant facts of a case that raise the legal question of how or whether the law governing the dispute applies; the facts upon which the outcome of the case is determined
  58. Key Facts Groups
    Individual facts that, when considered as a group, are key facts
  59. Key Facts Individual
    A key fact that, if is were changed, the outcome of the case would be affected or changed
  60. Key Numbers
    West Group's division American law into various topics and subtopics
  61. Law
    The enforceable rules that govern individual and group conduct in society
  62. Legal Analysis
    The process of identifying the issue or issues presented by a client's facts and determining what law applies and how it applies; applying the law to the facts of the case
  63. Legal Research
    The process of identifying the law or legal authority that applies to the issue
  64. Legislative History
    The record of legislation during the enactment process
  65. Limited Jurisdiction
    The limitation of a court to hear and decide cases
  66. Majority Opinion
    The opinion in a court decision of the majority of judges
  67. Mandatory Authority
    Any authority or source of law that a court must rely on or follow when reaching a decision
  68. Memorandum of Law
    A written analysis of a legal problem
  69. Modifier
    A word or phrase that provides a description of the subject, verb, or object in a sentence
  70. Nominalization
    A noun created from a verb
  71. Nouns
    Words that refer to person, places, things, or qualities
  72. Office Legal Memorandum
    A legal memorandum prepared of office use that presents an objective legal analysis of the issue(s) raised by the facts of the client's case (usually includes the arguments in favor of and in opposition to the client's position)
  73. On All Fours
    A prior court opinion in which the key facts and applicable rule of law are identical or nearly identical with those of the client's case or the case before the court
  74. On Point
    A term used to refer to a prior court opinion in which the facts are sufficiently similar to the facts of the client's case or the case before the court for the prior court opinion to apply as precedent
  75. Opinion
    The written statement by the court expressing how it ruled in a case and the reasons for it ruling
  76. Opinion Letter
    Correspondence, usually written to the client, that informs the reader of how the law applies to a specific question and provides legal advice
  77. Outline
    The skeletal structure and organized framework of a writing
  78. Outline, Expanded
    An outline that has been expanded so that it may be used in the prewriting stage
  79. Paragraph
    A group of sentences that address the same topic
  80. Parallel Citation
    When a court opinion is printed in more than one reporter, each citation is a parallel citation to the other citation or citations
  81. Parentheses ()
    Marks used to add to a sentence information that is outside the main idea of the sentence of of lesser importance
  82. Pari Materia
    A cannon of construction that provides that statues dealing with the same subject should be interpreted consistently
  83. Party
    A plaintiff or defendant in a lawsuit
  84. Personal Jurisdiction
    The authority of the court over the parties to resolve a legal dispute involving the parties
  85. Persuasive Authority
    Any authority a court is not bound to consider or follow but may consider of when reaching a decision
  86. Plain Meaning Rule
    A cannon of construction that provides that if the meaning of a statute is clear on its face, it will be interpreted according to its plain meaning and the other cannons of construction will not be applied by the court
  87. Plaintiff
    The party who starts (files) the lawsuit
  88. Point Heading
    A summary of the position advocated in the argument section of a trial or appellate brief
  89. Post-writing Stage
    The stage in the legal writing process where an assignment is revised, edited, and assembled in final form
  90. Precedent
    An earlier court decision on an issue that applies to govern or guide a subsequent court in its determination of an identical or similar issue based upon identical or similar facts
  91. Predicate
    A verb, it modifiers, and the object of the verb
  92. Prewriting Stage
    The stage in legal writing process where the assignment is organized, researched, and analyzed
  93. Primary Authority
    Authority that is composed of the law (e.g. constitutions, statutes, and court opinions)
  94. Prior Proceedings
    The events that occurred in the litigation in a lower court or administrative hearing
  95. Punctuation
    Mark or characters used is writing to make the meaning clear and easy to understand
  96. Purpose Clause
    A statutory section that includes the purpose the legislative body intended to accomplish when drafting the statute
  97. Quotation
    Marks used identify and set off quoted material
  98. Re
    A term used that means "in the matter of, about, or concerning"
  99. Remand
    A decision of a appellate court that sends the case back to the trial court for further action
  100. Reverse
    A decision of a appellate court that disagrees with the decision of the trial court
  101. Salutation
    The part of a letter that presents the greeting
  102. Scope
    A statutory section that states what is specifically covered and not covered by the statute
  103. Secondary Authority
    Any source of law a court may rely on that is not the law
  104. Semicolon (;)
    A punctuation mark used to separate major elements of complex sentences, or to separate items in a series if the times are long if on e of the items has internal commas
  105. Sentence
    The fundamental building block of writing composed of a group of words that convey a single thought
  106. Short Title
    The name by which the statute is know
  107. Squinting Modifier
    A modifier located in a position in a sentence that makes in unclear whether it modifies the word that precedes or the word that it follows
  108. Stare Decisis
    A basic principle of the common law system that requires a court to follow a previous decision of that court or a higher court when the current decision involves issues and facts similar to those involved in the previous decision
  109. Statement of Facts
    The section of a memorandum of law that presents the factual context of the the issue(s) addressed in the memorandum
  110. Statutes
    Laws passed by legislative bodies that declare right and duties, or command or prohibit certain conduct
  111. Statutory Analysis
    The interruption and application of statutory law
  112. Statutory Elements
    The specific conditions of or components of a statue that must be met for the statute to apply
  113. Statutory Law
    The body of law composed of law passes by legislative bodies (includes law or ordinances)
  114. Subject
    A noun or pronoun that is the actor in a sentence
  115. Subject Matter Jurisdiction
    The types of kinds of cases the court has the authority to hear and decide
  116. Topic Sentence
    The sentence that identifies the subject of a paragraph
  117. Trial Court
    The court where the matter is heard and decided
  118. Trial Court Brief
    An external memorandum of law submitted to a trial court that present the legal authority and argument advocated by and attorney
  119. United States District Court
    The trial court of general jurisdiction in the federal judicial system
  120. United States Supreme Court
    The final court of appeals in the federal system and the highest court in the US
  121. Verbs
    Words that express action, a state of being or feeling, or a relation between two things
  122. Voice
    The relationship of the subject to the action of the sentence
  123. Writing Stage
    The stage is the legal writing process where research, analysis, and ideas are assembled into a written product
  124. Writ of Certiorari
    A writ form a higher court asking the lower court for the record of a case

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