The Case - Lincoln Alexander Lecture Notes

This set of flashcards covers key concepts, terms, and definitions related to the lecture on legal cases and case briefs, as discussed by Lincoln Alexander.

What is a Case?

A written record outlining the dispute's nature, causes of action, defenses, evidence, and judgment outcome.

Ratio decidendi

The legal principle that decides a case, always fact-specific.

Obiter dictum

Comments made by a judge that are not essential to the decision in the case.

Narrow vs Broad Holdings

A narrow finding is tied closely to specific facts, while a broad holding applies generally to a class of cases.

Case Brief Opening Components

Essential components include Heading, Parties, Procedural History, Key Words, Remedy Sought, and Facts.

Issue(s) in a Case Brief

The question(s) before the court regarding the relationship between law and facts.

Holding(s) in a Case Brief

The court's answer(s) to the question(s), stating who won the case and the remedy ordered.

Rule(s) of Law in a Case Brief

Propositions of law the court relied on to resolve the issues, often overlapping with the holding.

Reasoning in a Case Brief

The court's explanation of how it arrived at its holding, including discussion of cases and legislation.

Tort of Family Violence

A legal recognition that patterns of coercion and control in family situations may warrant tort claims for damages.

Damages in Ahluwalia v Ahluwalia

$150,000 in compensatory, aggravated, and punitive damages awarded to the Mother.

Significance of Dissenting Judgments

Not binding but can be persuasive, especially from higher courts or when social conditions change.

Purpose of Reading Cases

To understand judicial reasoning, extract legal principles, and link law with specific case facts.

Judgments

Can vary in length; examples include short judgments like Re Brown and longer ones like Polygamy Reference.