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body of law on a particular subject created by court opinions. consists of the law made by courts when they interpret existing law or create new law. it is composed of legal rules, doctrines, and principles adopted by the courts. |
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in the written opinions of the courts |
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a court's written statement explaining its decision in a case. It is the court's resolution of the legal dispute before the court and the reasons in support of its resolution. usually includes a statement of fact, points of law and rationale. |
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reasons for studying case law |
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learn case law, interpret constitutional or statutory law, understand the litigation process, to gain insight into legal analysis, to develop legal writing skills. |
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Components of a court opinion |
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facts that give rise to the legal dispute, what happened in the lower courts/who appealed and why, the issue(s) addressed and resolved by the court, the rule of law governing the dispute, application of the rule to the facts, reasons supporting the court's application, the relief granted. |
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Elements of a reported case |
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Citation, caption, syllabus, headnotes, key numbers, attorneys, judge, body of the opinion, |
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includes the name of the parties to the lawsuit, reporter the case is found in, year of decision. |
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includes the name of the parties to the lawsuit and their court status. |
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a brief summary of the opinion. |
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summaries of the points of law discussed in the case. They are not the opinion of the court and have no authority of law. |
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assigned to each specific topic or subtopic for reference purposes. |
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Body of the Opinion includes: |
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facts, prior proceedings, issue, rules of law, holding, reasoning, disposition, concurring opinion, dissenting opinion |
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the relief granted. affirm, remand, reverse, etc. |
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the process of finding a court opinion that answers a question being researched. |
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the first publication by the court of its opinion. in the form of a pamphlet. |
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temporary pamphlets that contain the full text of a number of recent court decisions. |
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3 Forms of publication of Court Opinions |
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slip opinions, advance sheets, in a reporter |
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include most federal and state court decisions. |
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3 reporters that publish the decisions of the United States Supreme court |
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United States Reports, Supreme Court Reporter, United States Supreme Court Reports, Lawyers' Edition |
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U.S., official reporter for the U.S. Supreme Court |
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S. Ct., unofficial publication of the decisions of the US Supreme Court |
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Decisions of the US Circuit Court of Appeals is published in _______________________. |
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Federal Reporter. (F.) Federal Reporter 2nd series (F.2d) Federal Reporter third series (F.3d) |
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Decisions of the United States District Courts are published in _________________________. |
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Federal Supplement (F. Supp.) |
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reporters that the National Reporter System publishes state court decisions by geographic region in. |
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examples of regional reporters |
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Pacific Reporter, North Western Reporter, South Western Reporter, North Eastern Reporter, Atlantic Reporter, Southern Reporter. |
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the chief attorney for the federal or state government |
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written summary identifying the essential components of a court opinion. |
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events that occurred in each court before teh case reached the court whose opinion you are briefing. |
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the court's resolution of an issue. response to the issue, answers the legal question. |
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