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Paralegal

Chapter 4 and 5 vocab

QuestionAnswer
primary sources The resources that provide the actual law; laws are found in statutes, case law, and the Constitution.
secondary sources Tools used to understand the law; one such tool is a legal encyclopedia that explains the law.
issue A question that must be decided by a court
relevant Relevant evidence relates directly to the issue; a relevant fact is a fact that is tied directly to the client’s legal question.
bifurcate To sever from the trial; in family law,
legal encyclopedia A collection of legal information; a secondary source of the law.
finding tools The resources used to locate primary and secondary sources; for example, a digest.
annotation A brief summary of a statute or a case
form book A legal resource filled with sample forms and explanations on how and when to use the forms; many are available on CD, and some are online in legal databases.
law review A publication containing articles written by judges, professors, and attorneys;
treatise A book that reviews a special field of law; a summary of the law on a particular subject; often called a hornbook.
digest An index to reported cases, arranged by subject; a short summary of the case is provided.
case law A collection of reported cases.
reporter A set of published volumes of cases by courts.
Lexis A fee-based computer-assisted legal research service provided by LexisNexis.
Westlaw A fee-based computer-assisted legal research service provided by Thompson-Reuter West.
Bloomberg Law A fee-based computer-assisted legal research service provided by Bloomberg Law.
rules of law Legal principles that are applied to the facts; generally derived from statutes, case law, and the Constitution.
holding The legal principle to be taken from the court’s decision.
precedent The example set by the decision of an earlier court for similar cases or similar legal questions that arise in later cases.
regional reporter A set of published volumes of cases by courts in specific regions of the United States,
brief A written document that might contain a summary of the facts, issues, rules, and analysis used by a court and a comparison with a client’s facts;
stare decisis "It stands decided”; another term for precedent.
statute A legislatively created law; a written enactment.
pocket part A removable supplement to a volume of statutory law
computer-assisted legal research (CALR) Legal research done with the use of a computer; includes the use of CD-ROM, online services such as Lexis and Westlaw, the Internet, and intranets.
full-text search Legal research method utilized in computer-assisted legal research, in which all documents in a database are searched for certain words.
query Words that constitute a search request when using CD-ROM or online materials.
key words Words that describe important aspects of a research question.
Boolean A special logic used in computerized legal research; utilizes the use of connective words.
connectors Words such as and or or used in a search query to show the relationship between key words or terms.
Shepard’s A tool used by Lexis to update and validate law.
KeyCite A tool used by Westlaw to update and validate law.
copyright A copyright is a legal protection for authors of “original works of authorship” such as literary, dramatic, musical, artistic, and certain other works.
ntellectual property Intangible property including patents, trademarks, trade names, and copyright.
wildcard A symbol used in a word that substitutes for any letter; often an asterisk
legislative history The proceedings that relate to a bill before it becomes a law.
legal analysis The process of comparing and contrasting facts and legal issues.
case brief A short summary of a published case.
question presented A statement of the legal issue presented to the court for resolution.
adjudicate To resolve; when the court adjudicates an issue, the issue is resolved.
concurring opinion A separate opinion written by one or more justices in a case; this opinion agrees with the ultimate decision of the majority of the court, but with a reasoning that differs from the reasoning of the majority of the court.
dissenting opinion disagrees with the decision of the majority of the court.
legal memorandum An informal interoffice document written to communicate the results of legal research and the resulting legal analysis.
Created by: cwilliams95