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6 Cards in this Set

  • Front
  • Back
Primary sources of law
*Constitutions
*Statues
*Case law
*Adminstrative law & regulations/executive orders
Secondary sources - everything else
*Legal encyclopedia
*law review - article from law school
*ARL(american law reports) survery of all different states approaches
Anththing that is not a primary source is considered.....
Secondary source of authority
Major reasons court would depart from precedent
*Technological change
*Societal values change
*Public policy
7 Elements of a case brief
1-Citation
2-Facts
3-procedure
4-Issue-states as a question
5-Decision- yes/no to issue
6-Reasoning-reasons supported by case and staturtory law
7-Holding
Types of Appellate Court Opinions
*majory
*unanimous
*Concurring
*Dissenting
*Per Curiam-by court, no 1 justice aurhored the opinion