Legal ___ is the process of identifying the issue or issues presented by a client’s facts and determining what law applies and how it applies.
____ law includes law created by courts in the absence of enacted law and the law created when courts interpret or apply enacted law.
The ___ for conducting legal research is as follows:
▪ First, locate the primary authority that governs the issue.
▪ Second, if there is no primary authority that applies or if additional authority is needed to help interpret the primary authority, then look to secondary authority.
The ____ of the Law is as follows:
1. Constitution (highest authority)
2. Enacted law
3. Common law/case law (lowest authority) (Be prepared to place in hierarchy order various sources of authority, including mandatory and persuasive, like the example we worked with in class)
An earlier court decision that applies to govern or guide a subsequent court in its determination of an identical or similar issue based on identical or similar facts
The acronym used in reference to the legal analysis process, it is composed of
the first letter of the descriptive term for each step of the analysis process.
An authority a court is not bound to consider or follow but MAY consider or follow when reaching a decision is called ___ authority, can be either primary authority or secondary authority.
Extent of a court’s authority to hear and resolve specific disputes
The supremacy ___ of the Constitution (Article VI) provides that between federal and state law, federal law is supreme.
The most commonly used and accepted uniform system of citation, provides rules on how to cite each type of legal source.
Before beginning the legal analysis process in detail, one should do some___ ___, including gathering all the facts and information relevant to the case, and conducting some
preliminary legal research to gain a basic familiarity with the area of law involved in the case
Rule 1.1 of the American Bar Association’s Model Rules of Professional Conduct requires that a client be represented ____.
"______ authority" refers to legal resources that are not themselves the law, but which summarize, compile, explain, comment on, interpret, or in some other way address the law.
___ law is the body of law created by courts when the legislative authority has not acted
STEP 2 of the legal analysis process, the identification of the law that governs the issue
The source of law that establishes the framework for the operation of government, defines the powers of government, and guarantees the fundamental rights of the people
Basic principle that courts are required to follow a previous decision of that court or a higher court when the current decision involves similar issues and facts
Type of jurisdiction, limits jurisdiction of a state court to the geographic boundaries of the state or to matters that have some connection with the state
Where is my puzzle?