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Paralegal, Chapter 7

Rhonda Hadnot

Chapter 7 Key Terms

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Across
5.Prior decision or opinion covering a similar issue that can be used as a standard or guide in a later case
6.Opinion written by less than a majority of the judges on the court that agrees with result reached by the majority but not with all the reasoning
7.Judge-made law in the absence of controlling statutory law or other higher law
13.Acronym that stands for the components of legal analysis: issue, rule, application of the rule to the facts, and conclusion
14.Controlling opinion that is joined by the largest number of judges on the bench short of a majority
16.Portion of rule about which the parties cannot agree
18.Sufficiently similar to justify a similar outcome or resuit
19.One of the circumstances or considerations that will be weighed in making a decision, no one of which is conclusive
20.Courts should decide similar cases in the same way unless there is a good reason for the court to do otherwise
21.Pertaining to a court decision that is based on the facts and on the substance of the claim, rather than on a procedural ground
22.General topic and a number for one of its subtopics
24.Short-paragraph summary of a portion of court opinion printed before the opinion begins
25.Final judgment on the merits will preclude the same parties from later relitigating the same claim and any other claim based on the same facts or transaction that could have been raised in the first suit but was not
26.Opinion whose result and reasoning are supported by at least half plus one of the judges on the court
27.Book, CD-ROM, or online service containing lists of citations that can help you assess the current validity of an opinion, statute, or other item; and give you leads to additional relevant materials
28.Document submitted (filed) by a party to an appellate court in which arguments are presented on why the appellate court should affirm (approve), reverse, or otherwise modify what a lower court has done
Down
1.Document submitted to a trial court that makes arguments with supporting authorities for something a party wishes to do
2.Court's answer to one of the legal issues in the case
3.Statement made by a court that was not necessary to resolve the legal issues growing out of the specific facts before the court
4.Court opinion that does not name the judge
8.Decision of court with few or no supporting reasons
9.Any law that is not created within litigation
10.Opinion of one or more judges that disagrees with the result and the reasoning of the majority or plurality opinion
11.Exactly the same, or almost so; being a very close precedent
12.Overview or thesis paragraph at the beginning of a memorandum of law that tells the reader what issues will be covered and briefly states the conclusions that will be reached
15.Any non-law that a court could rely on in reaching a decision
17.To send back a case to a lower tribunal with instructions from a higher tribunal on how to proceed
23.Pertaining to a lower court in the judicial system

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