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Texas Legal Research
Chapter 4
35
Law
Undergraduate 1
02/20/2012

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Term
reporter
Definition
court reports, as well as offical, published reports of cases decided by administrative agencies.
Term
caption
Definition
a heading; in legal practice, it generally refers to the heading of a court paper
Term
appellant
Definition
a party who appeals from a lower court to a higher court
Term
appellee
Definition
a party against whom a case is appealed from a lower court to a higher court
Term
petitioner
Definition
a person seeking relief by a petition
Term
respondant
Definition
the party against whom an appeal is taken to a higher court, i.e., the successful party in the lower court; the appellee
Term
docket number
Definition
the number given to a case when it is on a list of cases for trial or other disposition
Term
syllabus
Definition
the headnote of a reported case
Term
headnote
Definition
a summary statement that appears at the beginning of a reported case to indicate the points decided by the case.
Term
opinion
Definition
a written statement by a court that accompanies its decision in a case and gives the court's reasons for its decision. Although "decision" and "opinion" are often used interchangeably, the terms are not synonymous: a decision is a judgment in the case; an opinion give the reasoning on which judgment is based.
Term
holding
Definition
the proposition of law for which a case stands; the "bottom line" of a judicial decision.
Term
reasoning
Definition
the legal basis upon which the court relies to reach its result in a case
Term
dicta (obiter dictum)
Definition
Expressions or comments in a court opinion that are not necessary to support the decision made by the court; they are not binding authority and have no value as precedent.
Term
majority opinion
Definition
an opinion issued by an appellate court that represents the view of the majority of the members of the court
Term
concurring opinion
Definition
an opinion issued by one or more judges that agrees with the result by the majority opinion rendered by the court, but reaches that result for different reasons.
Term
dissenting opinion
Definition
a written opinion filed by a judge of an appellate court who disagrees with the decision of the majority of judges in a case, giving the reasons for his or her differing views
Term
concurring in part and dissenting in part
Definition
an opinion of the court in which the judges agree with a part of the decision and disagree with another part of the decision.
Term
per curiam opinion
Definition
an opinion, usually of an appellate court, in which the judges are all of one view and the legal question is sufficiently clear that a full written opinion is not required and a one-or-two paragraph opinion suffices
Term
plurality opinion
Definition
an appellate court opinion joined in by less than a majority of the judges, but by more justices than the number joining any other concurring opinion.
Term
memorandum opinion
Definition
a court decision, usually consisting of a brief paragraph announcing the court's judgment, without an in-depth opinion.
Term
disposition
Definition
a court's ruling, decision,or judgment in a case.
Term
affirmed
Definition
the upholding of a lower court's decision or judgment by an appellate court.
Term
reversed
Definition
the overthrow or annulment of a prior decision.
Term
vacated
Definition
a judgment, decree, or other order of a court that is annulled, set aside,made void, or canceled.
Term
remanded
Definition
a case that is returned by an appellate court to the trial court for further proceedings, for a new trial, or for entry of judgement in accordance with an order of the appellate court.
Term
official reporter
Definition
the publication containing reports of cases that has been designated by or on behalf of a court as the one that is to be accepted as a matter of law as containing the final valid versions of the opinions issued by that court
Term
unofficial reporter
Definition
a publication containing reports of cases that has not been endorsed by the court as containing the official versions of the case heard by the court.
Term
slip opinion
Definition
a single judicial decision published shortly after it has been issued by the court and well before it is incorporated into a reporter
Term
advance sheet
Definition
a printed copy of a judicial opinion published in looseleaf form shortly after the opinion is issued
Term
parallel citation
Definition
a citation to a court opinion or decision that is printed in two or more reporters.
Term
nominative reporters
Definition
early report of United States Supreme Court cases that were compiled by individuals and identified by the individuals' names.
Term
front matter
Definition
materials at the beginning of a book that can provide valuable research guidance, e.g., tables of contents, cases, statutes, rules, and cross-references
Term
star paging
Definition
a pagination system used in unofficial reporters to reference the official reporter pages that correspond to the pages in the unofficial reporters.
Term
case brief
Definition
an outline of the published opinion in a case, made by an attorney or a paralegal for the purpose of understanding the case
Term
issue
Definition
a material point or question arising out of the pleadings in a case, which is disputed by the parties and which they wish the court to decide
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