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6 Cards in this Set
- Front
- Back
Primary sources of law
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*Constitutions
*Statues *Case law *Adminstrative law & regulations/executive orders |
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Secondary sources - everything else
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*Legal encyclopedia
*law review - article from law school *ARL(american law reports) survery of all different states approaches |
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Anththing that is not a primary source is considered.....
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Secondary source of authority
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Major reasons court would depart from precedent
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*Technological change
*Societal values change *Public policy |
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7 Elements of a case brief
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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 |
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Types of Appellate Court Opinions
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*majory
*unanimous *Concurring *Dissenting *Per Curiam-by court, no 1 justice aurhored the opinion |