ANSWERS RATED A+
✔✔legal reasoning - ✔✔the process of reasoning by which a judge harmonizes his or
her opinion with the judicial decisions in previous cases
✔✔IRAC (issue, rule, application, and conclusion) - ✔✔issue - what re the key facts and
issue?
rule - what rule of law applies to the case?
application-how does the rule of law apply to the particular facts and circumstances of
this case?
conclusion- what conclusion should be drawn?
✔✔case on point - ✔✔a previous case involving factual circumstances and issues that
are similar to those in the case before the court
✔✔jurisprudence - ✔✔the science of philosophy of law
1. natural law school
2.positivist school
3.historical school
4.legal realism
✔✔natural law - ✔✔based on the belief that the legal system should reflect universal
("higher") moral and ethical principles that are inherent in human nature
✔✔positive law or national law - ✔✔written law of a given society at a particular time
✔✔legal positivism - ✔✔a school of legal thought centered on the assumption that there
is no law higher than the laws created by a national government
✔✔historical school - ✔✔looks to the past to determine what the principles of
contemporary law should be
✔✔legal realism - ✔✔holds that the law is only one factor to be considered when
deciding cases and that social and economic circumstances should also be taken into
account
✔✔sociological school - ✔✔a school of legal thought that views the law as a tool for
promoting justice in society
✔✔substantive law - ✔✔law that defines, describes, regulates, and creates legal rights
and obligations
, ✔✔procedural law - ✔✔law that establishes the methods of enforcing the rights
established by substantive law
✔✔private law - ✔✔relationships between private entitles
✔✔public law - ✔✔relationship between persons and their government
✔✔civil law - ✔✔enforcement of all private or public rights
✔✔criminal law - ✔✔the branch of law that defines and punishes wrongful actions
committed against the public
✔✔cyberlaw - ✔✔all laws governing electronic communications and transactions,
particularly those conducted via the internet
✔✔citation - ✔✔a reference to a publication in which a legal authority (statute/court
decision) can be found
✔✔united states code - ✔✔all federal laws passed by congress are arranged by broad
subject in the
-17 u.s.c 107 (2012)
✔✔state codes - ✔✔state codes passed by state legislatures are collected in state
publications
-n.r.s. 18.010 award of attorney fees
✔✔administrative rules - ✔✔rules and regulations adopted by federal administrative
agencies
- 20 cfr 402.45
✔✔federal court system - ✔✔US District Court, US Court of Appeals, US Supreme
Court
✔✔plaintiff/petitioner - ✔✔the party who initiates a lawsuit
✔✔defendant/respondent - ✔✔the party against whom the lawsuit is brought
✔✔appellant/petitioner - ✔✔the party who takes an appeal from one court to another
✔✔appellee/respondent - ✔✔the party against whom an appeal is taken
✔✔statute of limitations - ✔✔a federal or state statute setting the maximum time period
during which a certain action can be brought or certain rights enforced