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Paralegal
Chapter 4 and 5 vocab
| Question | Answer |
|---|---|
| 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. |