Lawyering Process 1 - Foundations of the Law

Statutes

Written enactment of a legislature

Case Law

Law derived from the opinions of courts, including decisions announcing and applying common law and decisions interpreting and applying enacted law

Common Law

Law created by the courts in the absence of enacted law

Precedent

A judicial decision that serves as an example of how a subsequent court can resolve a similar question of law involving similar facts

Stare decisis

A principle that courts are required to follow precedent when deciding similar cases

Court hierarchy

Different levels of courts wihin a jurisdiction

Jurisdiction

The power of a court to decide cases

Primary authority

The law itself, including statutes, case law, and constitutions

Secondary authority

Sources that comment on the law, including law reviews, legal treatises, newspapers, and legal encyclopedias

Binding authority

Law that a court must follow

Persuasive authority

Law that is not binding on a court