Legal Research and Terminology

A complete set of vocabulary flashcards covering basic legal research terminology, legal systems, court structures, statutory classifications, and landmark cases mentioned in the lecture notes.

Reporters

Written decisions of legal cases collected and published in volumes.

Common Law

Judge-made law established through judicial decisions rather than statutes.

Stare Decisis

The legal concept of following previous case precedents when making judicial decisions.

Primary Authorities

Direct sources of law, which include judicial cases, statutes, and administrative regulations.

Secondary Authorities

Sources that discuss, analyze, or explain the law, such as legal articles, law reviews, and dissenting opinions.

Jurisdiction

The legal power of a court or judge to hear and decide a case, or the physical territory within which a court or agency resides.

Holding

The actual law announced in a court case that constitutes the binding reason for the decision.

Dicta

Non-binding comments, observations, or extra discussion contained within a judicial opinion that are separate from the holding.

Civil Law (Louisiana)

A code-based legal system that treats written statutes and codes as primary authority over case law.

Federalism

The system of governance establishing the separation of power between state governments and the federal government.

Federal Question Jurisdiction

Federal jurisdiction based on the subject matter of the case, arising under the Constitution, federal laws, treaties, or disputes between states.

Diversity Jurisdiction

Federal jurisdiction based on party status, requiring complete diversity of state citizenship between all plaintiffs and defendants and an amount in controversy exceeding $\$75,000$.

Mootness

A legal doctrine under which federal courts will refuse to hear or consider issues that have already been resolved.

Standing

The requirement that a plaintiff must have suffered an actual, non-speculative injury to ensure a personal stake in the outcome of the case.

District Courts

The primary federal trial courts for civil and criminal cases where most federal cases terminate.

Circuit Courts

The federal courts of appeals, divided into $12$ regional circuits plus the D.C. Circuit ($13$ total), that review trial court records and briefs for errors of law.

En Banc

A court session where all judges of a circuit court hear a case together rather than in a standard panel.

Per Curiam

A court opinion issued collectively by the court as a whole rather than attributed to a specific judge.

Recuse

The action of a judge being removed or disqualifying themselves from participating in a case.

Concurring Opinion

An opinion written by a judge who agrees with the decision of the majority but bases that agreement on different legal reasoning.

Dissenting Opinion

An opinion written by a judge who disagrees with the decision reached by the majority.

Bill

A proposed law introduced in the legislative branch before it is enacted into law.

Public Statute

A federal statute enacted by Congress that affects society as a whole.

Private Statute

A federal statute that affects only a specific group or individual, such as specific immigration matters.

Permanent Statute

A statute that remains in full force and effect indefinitely until it is explicitly repealed by the legislature.

Temporary Statute

A statute containing explicit limiting language that defines when its authority automatically expires.

United States Code

A official subject-matter publication collecting all federal statutes, republished in a new edition every $6$ years.

Pocket Parts

Updates or supplemental pamphlets inserted into the back of bound legal law books to show recent statutory amendments.

Lopez-Barrera v. Blanche

A 5th Circuit decision affirming that credibility is essential in CAT claims and that inconsistent statements support an agency's denial of relief.

U.S. v. Fulton

A 5th Circuit decision holding that district courts lack jurisdiction to consider a second or successive habeas petition without prior approval from the appeals court.

Fredericks v. Daiquiris and Cream

A 1st Circuit decision ruling that businesses must protect patrons from foreseeable harm, but are not liable for sudden, unforeseeable attacks.

Smith v. Nichols

A Supreme Court case ruling that minor improvements or changes in degree to existing products do not constitute a new patentable invention.

Affirm

An appellate court action agreeing with and validating the judgment of a lower court.

Reverse

An appellate court action disagreeing with and setting aside the judgment of a lower court.

Remand

An appellate court action sending a case back to the lower court for further proceedings.

Distinguishable

A legal term indicating that a precedent case is factually or legally different from the current case and should not be followed.

Analogous

A legal term indicating that a precedent case is similar in facts and law to the current case and should be followed.

Reported Case

A judicial decision selected and published in an official case reporter series.

Unreported Case

An unpublished judicial decision that was not selected for inclusion in a case reporter series.