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11 Cards in this Set
- Front
- Back
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Negligence
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1)The existence of a duty on part of defendant to protect plaintiff from injury, 2) a violation of that duty, 3) injury proximately resulting therefrom
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Remanded
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Sent back to a lower court
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Rule
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Legal standard or principle
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Holding
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The courts decision in a case. An application of the rules to the facts.
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Dicta
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opinions on a judge that are not directly related to the case at hand. Non-binding opinion of the author if the opinion.
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The elements of a brief
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1. Facts
2. Rule 3. Issue 4. Holding 5. Disposition 6. Reasoning |
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Facts
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The facts of the case at hand. Only facts relevant to the case. Includes the procedural facts.
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Issue
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The legal question which must be resolved to decide the case.
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Finding
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Affirms a question of fact.
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Disposition
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Affirm or Reverse (and remand)
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Reasoning
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The "Why?" of the court. Policies, etc.
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