Legal sources that are not binding but contain helpful information.
What are Secondary Sources?
100
Something that is always underlined or italicized.
What is a Case Name?
100
The generally accepted organizational structure for legal analysis in an objective office memo.
What is TREACC?
100
The standards courts use in determining the outcome of a case.
What are Rules?
100
The three aspects of a case that determines whether it is helpful authority to use in an office memo
What are Same Jurisdiction, Similar Issue, Similar Facts?
200
Cases, statutes, constitutions and administrative regulations.
What is Primary Authority?
200
Citation form used when citing to the same single source cited in the prior citation.
What is Id.?
200
Two things every legal writer should consider before beginning to write any legal document.
What are Audience and Purpose?
200
These are used when comparing the critical facts of your client's situation to precedent cases.
What are Analogies and Distinctions?
200
The concept of following previous cases or precedents.
What is Stare Decisis?
300
The decision of a court outside the jurisdiction of the court to which you're writing.
What is Persuasive Authority?
300
A reference to a particular page on which a quotation appears.
What is Pinpoint Cite?
300
How to start every paragraph of the case explanation section in an office memo.
What is a Thesis Sentence?
300
The process of unifying various authorities to help explain what the law "is".
What is Synthesizing?
300
Case squibs at the beginning of each case published by Westlaw that summarize the legal points of the case, but which are not part of the official opinion.
What are Headnotes?
400
The three sources of law.
What are the executive, legislative and judicial branches?
400
Two citations to the same authority.
What are Parallel Citations?
400
Your memo should always be organized around these.
What are Legal Issues?
400
What you should include (in most instances) in your case explanation.
What are Facts, Holding and Reasoning?
400
Written opinions by justices who agree with the result reached in a case but disagree with the reasoning.
What is a Concurring Opinion?
500
Corbin on Contracts and Prosser and Keeton on the Law of Torts are examples of this type of secondary source.
What are Treatises (or Hornbooks)?
500
You should not include these in your short cite to an unpublished decision.
What are Docket Number and Date?
500
When stating rules, this should be stated in the citation, not in the rule sentence.
What is the Authority (or Case)?
500
The most important point to make when raising counter-arguments.
What is a Rebuttal?
500
The place in the Bluebook where you will find the correct citation format for each state's courts and statutes.