Intro to legal writing
The process by which judges make law and then adhere to this judge-made law
What is Common Law?
Constitutions (State and Federal), Statutes, Court Opinions (also called Cases), Administrative Regulations.
What are the 4 main sources of law?
The story of the cases’s progression through the litigation process
What is Procedural History?
A reporter published under government authority.
What is Official Reporter?
A legal doctrine that obligates courts to follow historical cases when making a ruling on a similar case.
What is Stare Decisis?
A written opinion that expresses the views of the minority?
What is a dissenting opinion?
The court’s decision on the particular legal issue plus the important facts.
What is Holding?
Robert S. Minnick, Petitioner, versus the State of Mississippi, Respondent. This is a Supreme Court of Mississippi case that was decided in 1988 and reported in volume 551, page 77, of the Southern Reporter, Second Series. You wish to direct your reader’s attention to specific material appearing on page 79.
Minnick v. State, 551 So. 2d 77, 79 (Miss. 1988).
A statement about the law, statements other than those necessary to explain the decision, which are not part of the holding.
What is Dicta?
Legal sources that are persuasive only and need not be followed by courts of law.
What are secondary sources?
The process of formulating a rule or principle from several cases
What is Synthesizing?
Julie A. Else versus Timothy L. Else, a case from the Court of Appeals of Nebraska, decided January 14, 1997, and reported at volume 558, page 594, of the North Western Reporter, Second Series
Else v. Else, 558 N.W.2d 594 (Neb. Ct. App. 1997)
Trial court opinions are NOT binding on intermediate or the highest court
True
Provides an in-depth treatment of a single area of law i.e. torts, real estate
What is Legal Treatises?
Justifies a result by establishing and applying a rule of law.
What is Rule Based Reasoning?
A rule that sets out a test with a list of mandatory elements
What is a conjunctive test?
HIGHER Court opinions are NOT Binding/primary authority for LOWER Courts:
FALSE
Written opinions by justices who agree with the result reached in a case but disagree with the reasoning.
What is a concurring opinion?
Justifies a result by making direct factual comparisons between the facts of prior cases and the facts of your client’s situation
What is Analogical Reasoning?
Conclusion, Rule, Explanation, Application, Conclusion
What is CREAC?
Identifies the legal question(s) that you have been asked to answer PLUS major relevant facts.
What is Question Presented?
Provides a general overview of the law on a variety of topics.
What is Legal Encyclopedias?
Justifies a result by analyzing which answer would be the best for society
What is Policy Based Reasoning?
A rule that balances counter-prevailing considerations against each other – includes factors or guidelines to assist the decision making in weighing each side of the balance
What is a balancing test?
An opinion from a Circuit Court of appeals is binding on Federal Courts ONLY within the circuit that issued the opinion:
TRUE
Codification of the common law.
What is the Restatements?
The two major citation guides
What is ALWD Guide and BlueBook?
Falby, 602 A.2d at 4.
What is Short Citation?