The Study Of Law: Chapter 1

Front 1

Legal Analysis

Back 1

The process of applying the law to specific facts. Also known as legal reasoning.

Front 2

Fact Bound

Back 2

Legal issues are said to be fact bound when even a minor change in the facts can change the outcome.

Front 3

Cause of Action

Back 3

A claim that, based on the law and the facts, is sufficient to support a lawsuit.

Front 4

Enacted Law

Back 4

Constitutions, statutes, ordinances, and regulations.

Front 5

Constitution

Back 5

The fundamental law of a nation or state.

Front 6

Statute

Back 6

A law enacted by a state legislature or by Congress.

Front 7

Ordinance

Back 7

A law enacted by a local government; a subcategory of statutory law.

Front 8

Regulation

Back 8

A law promulgated by an administrative agency.

Front 9

Mandatory Authority

Back 9

Court decisions from a higher court in the same jurisdiction.

Front 10

Persuasive Authority

Back 10

Court decisions from an equal or lower court from the same jurisdiction or form a court in a different jurisdiction.

Front 11

Stare Decisis

Back 11

The doctrine that normally once a court has decided an issue, other courts in the same jurisdiction will decide the same way.

Front 12

Substantive Facts

Back 12

Things that happened to the parties before the litigation began and that are relevant to their claims.

Front 13

Procedural Facts

Back 13

Actions taken by lower courts or administrative agencies before the case reached the court issuing the opinion you are reading.

Front 14

Legal Issues

Back 14

Questions about the interpretation and application of the law.

Front 15

Disposition

Back 15

The result reached in a particular case.

Front 16

Affirm

Back 16

A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.

Front 17

Reverse

Back 17

A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with what the lower has done.

Front 18

Remand

Back 18

When an appellate court sends a case back to the trial court for a new trial or other action.

Front 19

Concurring Opinion

Back 19

An opinion that agrees with the majority's result but disagrees with its reasoning.

Front 20

Dissenting Opinion

Back 20

An opinion that disagrees with the majority's decision and reasoning.

Front 21

Case Briefing

Back 21

A method for summarizing court opinions.

Front 22

Rule

Back 22

In a case brief, the general legal principle in existence before the case began.

Front 23

Issue

Back 23

In a case brief, the statement of the problem facing the court.

Front 24

Holding

Back 24

In a case brief, the court's answer to the issue presented to it; the new legal principle established by a court opinion.

Front 25

Narrow Holding

Back 25

A statement of the court's decision that contains many of the case's specific facts' thereby limiting its future applicability to a narrow range of cases.

Front 26

Broad Holding

Back 26

A statement of the court's decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases.

Front 27

Ratio Decidendi

Back 27

The court's reasoning for its decision.

Front 28

Dictum

Back 28

A statement in a judicial opinion not necessary for the decision of the case.

Front 29

Legal Reasoning

Back 29

The application of legal rules to a specific factual situation. Also known as legal analysis.