Finding & Interpreting Enacted Law
Lexis, Westlaw, Fast Case, or CEB
What are examples of major online providers for legal research?
Books compiling appellate court decisions
What are case reporters?
Demonstrating genuine attention and understanding during communication
What is active listening?
Example of evidence: A person takes the stand and states they saw the defendant strike the victim.
What is direct/testimonial evidence?
Statements about the law that come directly from a legislature, a court, or regulatory agency
What is Primary Authority?
Identifies and locates legal cases
What are citations?
The process of repeating, in a shortened form, what the interviewee has just finished saying
What is paraphrasing?
Example: The fifth witness in a row testifies that he saw Jim at Jake’s Donut Shop at the same time the murder was occurring on the other side of town.
What is cumulative evidence?
Statements about the law from unofficial commentators without the authority to establish legal rules in the relevant jurisdiction, such as encyclopedias and law review articles
What is secondary authority?
Additional viewpoints from judges who agree with the majority decision
What are Concurring Opinions?
Specific questions that typically require short or yes-no answers
What are Closed Questions?
When a judge formally recognizes something as being a fact without requiring the attorneys to prove it through the introduction of other evidence
What is a judicial notice?
Comprehensive works on specific areas of law
What are treatises?
A state supreme court decision must be followed by lower courts within the same state
What is an example of Mandatory Authority?
A witness who provides testimony based on personal knowledge or observations.
What is a Lay Witness?
Generally inadmissible testimony in court about what someone else said outside of court
What is hearsay?
Methods to search for court opinions
What are citations or case names?
Courts can establish new common-law rules when faced with novel legal issues
What is an issue of first impression?
A witness with specialized knowledge, skills, or expertise beyond that of an average person
What is an Expert Witness?
A court order requiring a non-party to appear at a trial or deposition
What is a subpoena duces tecum?