Identify and review relevant facts
What is the first step in legal analysis?
Legislative dominance
What is the power of Congress to amend a statute if the court incorrectly interprets its meaning or scope?
Substantive areas of civil law
What are contract, property, divorce and tort law?
Courts that can hear cases dealing with state law issues if the litigants are from different states and the amount in controversy is over $75,000
What are state and federal courts?
Stare decisis
What is the doctrine that courts rely on when following case precedent?
The court that has the final say in when a statute is constitutional
What is the U.S. Supreme Court?
An opinion that agrees with the decision reached by the majority, but disagrees with the reasoning.
What is a concurring opinion?
The law courts rely on when there are no applicable no constitutional, statutory, or administrative regulations.
What is common law?
The doctrine under which, a defendant can be made liable even though the defendant was not negligent and did not intend to harm anyone.
What is the strict liability doctrine?
Holding
What is the section of the case brief that contains the court's decision?
Law created by courts
What is common law?
The type of law that applies to a legal issue regarding the U.S. Constitutional, a federal statute, or a federal regulation
What is federal law?
The power that courts have to review the constitutionality of statutes.
What is the power of judicial review?
The branch of government that has the power to interpret the meaning and constitutionality of regulations
What is the judicial branch?
The term used to describe instances where only the federal government can legislate in a given area
What is total preemption?
Writ of certiorari
What is an appeal to the U.S. Supreme Court?