A term frequently used in the judgments of an appellate court, in disposing of the case before it. It then means “to set aside; to annul; to vacate.”
What is reverse?
100
The legal principle to be taken from the court’s decision
What is the Holding?
100
To replace case law
What is superseded?
100
The basis upon which a lawsuit may be brought to the court
What is a cause of action?
100
Also known as the “style” of a case, listing the parties, the court, the document title, etc.
What is a Caption?
200
To ratify, make firm, confirm, establish, reassert. In the practice of appellate courts, to declare that it is valid and right, and must stand as rendered below; to ratify and reassert it
What is affirm?
200
To send back a decision
What is remand?
200
Legal material, published at regular intervals, consisting of magazines, journals, and law reviews.
What are periodicals?
200
A tool used by writers to shorten sentences. A sentence will use a simple subject-verb-object approach
What is active voice?
200
A document filed in a pending court case that requests an order from the judge
What is a Motion?
300
On first view or on its face; presenting a strong case for establishing the case
What is Prima Facie case?
300
A set of case law published by an entity, not the government
What are Unofficial Reporters?
300
An index to reported cases, arranged by subject; a short summary of cases is provided.
What is a digest?
300
An objectively written document where the researcher informs the reader of the law governing a specific situation
What is a memorandum of law?
300
The process of verifying that a case is still good law in a specific book
What is Shepardizing?
400
Writ of the appellate court responding to a request for the review of a lower court
What is Writ of Certiorari?
400
The official publication of United States Supreme Court Case Law
What is United States Reports?
400
An alphabetical listing of words describing the topics contained in a book or set of books; refers the researcher to the volume and page where the topic is discussed
What is a descriptive word index?
400
Lays the solid foundation for the reader. It sets forth the client's legal problem, states the legal issues, briefly explains the legal rules governing the issues, and states the legal conclusion
What is a thesis paragraph?
400
Procedural rules adopted by a specific court for that court’s practice
What are Local Rules of Court?
500
It stands decided; another term for precedent
What is Stare Decisis?
500
Case law that must be followed by a court
What is Binding Authority?
500
Editorial enhancements added to the front material of a case; useful summary of most of the legal topics addressed in the case
What are headnotes?
500
Clause in the US Constitution providing that the US Constitution is the supreme law of the land