Legal Research Demystified and Legal Analysis Week 1

Flashcards covering key concepts from Legal Research Demystified textbook notes, court systems, stare decisis, TREAT thesis formatting, legal rules, and case analysis.

What is binding authority, also called mandatory authority?

Legal authority that courts must follow and apply in reaching a decision.

What is nonbinding authority, commonly called persuasive authority?

Authority that a court may follow and rely on in reaching a decision, but is not required to do so.

Why is secondary authority always nonbinding?

Because secondary authority is not actual law.

What happens if a state law does not comply with its respective state's constitution?

It becomes invalid and unenforceable.

What action can a legislature take if it disagrees with a court's prior decision or interpretation of a statute?

The legislature may enact a new statute or amend an existing one, which binds future courts and parties instead of the original court decision.

How is 'controlling law' defined?

The law that the deciding court must apply to the legal dispute.

What does Stare Decisis mean, and what principle does it represent?

Stare Decisis means 'let the decision stand' and represents the principle that courts generally follow prior judicial decisions so that similar cases are similarly decided.

To which part of a judicial opinion does the doctrine of stare decisis apply?

It applies only to a federal or state court's holding, not to dictum.

What is the difference between a judicial holding and dictum?

A holding is the part of a judicial opinion necessary to resolve the legal questions before the court, whereas dictum is the part that is not essential to the decision.

Do trial court decisions bind other trial courts?

No, trial courts bind the parties involved but do not bind other trial courts.

What is the two-step approach for determining whether a judicial decision is binding or nonbinding?

1. Determine controlling law. 2. Decide which court will decide the issue at hand.

According to Murray Chapter 7 (TREAT), what is the required format for Thesis Headings?

Thesis headings must be in bold, single spaced, and indented from a number or letter.

What were the two legal issues identified in the Sellmer case?

1) Permission to arrest plaintiff, and 2) Permission of officer to search her car.

In legal analysis, what is the distinction between 'rationale' and 'reasoning'?

Rationale explains why a rule is the best rule for society, while reasoning explains how it applies to the specific case.

Which branch of government creates statutory law and is described as the most powerful and most representative branch?

The legislative branch.

Which branch of government creates regulations?

The executive branch, as delegated by Congress.

What are the three levels in the structure of the court system outlined in the notes?

Trial courts (known as district courts in the federal system), intermediate appellate courts, and courts of last resort (supreme court).

What two types of knowledge determine whether a venue is aware of a hazard?

Actual knowledge or constructive knowledge (whether they should have known).

What are two examples of explicit rules?

Statutory provisions and common law rules (also called holdings).

What three components comprise unexpressed embedded rules?

Key facts, holding, and reasoning.

According to Professor Parish, what are the 4 main steps in a research plan?

ID issue, Develop search terms, Look at enacted law, Consult secondary sources