Intro to Law Ch. 8

Landmark decision

A court opinion that establishes new law in an important area.

Affirm

A decision is affirmed when litigants appeal the trial court decision and the higher court agrees with what the lower court has done. [approving]

Overrule

A decision is overruled when a court in a later case changes the law so that the decision in the earlier case is no longer good law.

Reverse

A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court. [disapproving]

Appellate brief

A formal written argument to an appellate court, in which a lawyer argues why that court should affirm or reverse a lower court's decision.

Citation

A formalized method of giving information about 1. name of the case 2. where it can be located 3. the court that decided the case & 4. the yr in which it was decided.

Appellant or petitioner

A person who initiates an appeal.

Dictum (plural is dicta)

A statement in a judicial opinion not necessary for the decision of the case.

Broad holding

A statement of the court's decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases.

Narrow holding

A statement of the court's decision that contains many of the case's specific facts, thereby limiting its future applicability to a narrow range of cases.

Syllabus

A summary of a court opinion that appears at the beginning of the case.

Appellate courts

Act as the final interpreters of the law.

Stipulated

Agreed on.

Issue of first impression

An issue that the court has never faced before.

Concurring opinion

An opinion that agrees w/ the majority's result but disagrees w/ the reasoning.

Dissenting opinion

An opinion that disagrees w/ the majority's decision and reasoning.

Case reporters

Books that contain appellate court decisions. There are both official and unofficial reporters.

Distinguishable cases

Cases that involve different facts and/or rules of law.

Analogous cases

Cases that involve similar facts and rules of law.

Mandatory authority

Court decisions from a higher court in the same jurisdiction.

Persuasive authority

Court decisions from an equal or a lower court from the same jurisdiction or from a higher court in a different jurisdiction; also includes secondary authority.

Standing

Courts cannot decide abstract issues or render advisory opinions; rather they are limited to deciding cases that involve litigants who are personally affected by the court's decision.

Trial courts

Determine the facts and apply the law to those facts.

Official reporter

Governmental publication of court opinions. (published at direction of state and federal statutes)

Substantive facts

In a case brief, facts that deal with what happened to the parties before the litigation began.

Procedural facts

In a case brief, facts that relate to what happened procedurally in the lower courts or administrative agencies before the case reached the court issuing the opinion. (judicial history)

Holding

In a case brief, the court's answer to the issue presented to it; the new legal principle established by a court opinion.

Rule

In a case brief, the general legal principle in existence before the case began.

Issue

In a case brief, the rule of law applied to the case's specific facts.

Prior case history

Information about what happened procedurally to the cited case before it was heard by the cited court. Do not include this information in a citation.

Subsequent case history

Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.

Case citation

Information that tells the reader, where it can be located, the court that decided it, the yr it was decided. (same as citation)

Ratio decidendi

Is a decision on the legal issues raised in that specific case.

Case briefing

Is a stylized method that you will use to summarize those court opinions.

Precedent

One or more prior court decisions.

Unofficial reporter

Private publication of court opinions -- for example, the regional reporters, such as N.E.2d, published by West.

Orbiter dictum

Refers to a comment the judge makes that is not necessary to the resolution of the issues of the case.

Headnote

Summary of one legal point in a court opinion; written by the editors at West.

Judicial review

The court's power to review statutes to decide whether they conform to the Constitution.

Holding

The new legal principle established by a court opinion.

Appellee or respondent

The party in a lawsuit against whom an appeal has been filed.

Pinpoint cite

The reference to a particular page within an opinion.

Disposition

The result reached in a particular case.

Reasoning

This is an explanation of why the court ruled as it did, stated in your own words.

Briefing a case

Using your own words to make a brief written summary of a court opinion.

2 basic types of courts

trial and appellate courts