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19 Cards in this Set
- Front
- Back
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What book is North Carolina Supreme Court Cases published in?
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North Carolina Reports
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Whats book is the North Carolina Court of Appeals cases reported in?
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North Carolina Court of Appeals Reports
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Whats is Cite Checking?
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A process through which one may determine whether a judicial decision is law on which one may base a legal argument
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What is pocket parts?
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A pocket part is a special document located inside the back cover of certain hardcover legal reference books. Legal researchers consult it to ensure that the most current law is examined.
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What is stare decisis?
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the legal principle of determining points in litigation according to precedent.
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What is precedent?
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A court decision that is cited as an example or analogy to resolve similar questions of law in later cases.
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What is Westlaw?
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is an interactive computerized legal research service that is provides access to a vast amount of legal information at both the state and federal levels.
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What is Lexis?
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An online legal information service that provides the full text of opinions and statutes in electronic format.
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What is a primary authority?
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it is the law itself. They are binding and must be followed.
(examples: Constitutions,cases,statues,administrative regulations, executive orders and treaties) |
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In the United States, Where does law come from?
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The law comes from our written constitution.
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What are the three branches of government?
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The Legislative branch (congress)-creates federal law
The Executive branch (the president)-signs executive orders The Judicial Branch (the courts)- makes case law through decisions. |
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What are secondary authorities?
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are not the laws themselves but are writings about the law and generally give an overview of a topic and/or explain primary authorities.
(Example: Legal Encyclopedias, Law review articles,textbooks, etc) |
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What is a Digests?
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are helpful in that they arrange cases by subject matter, giving a brief overview of each case and it holding by topic.
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What are finding tools?
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Refers to tools commonly used to locate information sources.
(Example: Digest, citators, indexes) |
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What is the year and a day rule?
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A bright-line, common law rule that a person cannot be convicted of homicide for a death that occurs more than a year and a day after his or her act(s) that allegedly caused it.
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What is a felony?
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A crime- such as arson, murder, rape, or robbery that carries the most severe sanctions.
(example: sanctions range from one year in a state or federal prison to life imprisonment or death penalty |
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What is a misdemeanor?
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A less serious crime than a felony, punishable by a fine or incarceration for up to one year in jail.
(not a state or federal penitentiary) |
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What is mens rea?
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a wrongful mental state of intent.
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What is actus reus?
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a guilty (prohinited act.
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