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LAP 101 Set 1

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Created by:

mspector Teacher on September 28, 2011

Description:

Legal research and writing

Classes:

LAP 101 2012, LAP 101

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LAP 101 Set 1

Active voice
A sentence structured so that the subject of the sentence is doing something ("the car hit the girl")
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Terms

Definitions

Active voice A sentence structured so that the subject of the sentence is doing something ("the car hit the girl")
Passive voice A sentence structured so that something is being done to the subject of the sentence ("the girl was hit by the car")
Affirm Decision of an appellate court upholding the decision of the court below
Overrule Decision of trial court denying a motion (Demurrer, Motion for Summary Judgment) on the merits
Sustain Decision of trial court granting a motion on the merits
Brief A document (may be quite long) setting forth a party's position on issues before the court, intended to persuade the court to reach a certain result
Citation Information that allows the reader to locate where a reference can be found. In case law the citation states the volume number, name of the Reporter and the page where the reference may be found
Noun A word that identifies a person, place, thing or quality
Adjective A word that modifies (describes or characterizes) a noun
Verb A word that expresses action, a state of being or feeling, or a relation between two things
Adverb A word that modifies (describes or characterizes) a verb, an adjective, or another adverb
Remand Decision of appellate court returning a case to a lower court for further proceedings
Re A word meaning "regarding, in the matter of, about or concerning"
Infinitive A verb form that functions as a noun or auxiliary verb, created by the word "to" followed by the verb ("to leave")
Split infinitive Created by inserting an adverb between the word "to" and the verb ("to quickly leave")
Element An essential component of a law, rule, principle or doctrine, each of which must be met for the law, rule (etc.) to apply. The elements of negligence are duty, breach, injury and causation
Intellectual honesty In the context of legal research and analysis, to gather all factual and legal information regardless of its effect on your case and analyze a problem objectively, considering all aspects of the problem free of preconceived notions, personal views, and emotions.
Comma (,) Used to separate parts of a sentence, neither of which can stand alone as a sentence
Semi-colon (;) Used to separate two independent clauses, that is, two statements which could stand alone as sentences
Colon (:) Used to introduce or call attention to information that follows it (there are four elements to negligence: duty, breach, injury and causation)
Plain meaning rule Basic principle of statutory construction: the words of a statute will be given their plain (ordinary) meaning
Statutory Construction The process by which an appellate court analyzes a statute to determine its scope and meaning
Outline The skeletal structure and organizational framework of a writing
Reporter (Reports) The published opinions of the appellate and Supreme Courts, provided by all states and for the federal courts
Ellipsis (...) The use of three dots to indicate the omission of part of a quotation (The agreement provided that Ben would ... bring water to the office every day)