Writing Legal Opinions for Law Classes
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Questions and Answers

A judicial opinion is a written document that explains a judge's ruling in a lawsuit.

True (A)

Legal opinions are written in a completely arbitrary format without any predictable structure.

False (B)

Orin S. Kerr is affiliated with George Washington University Law School.

True (A)

A lawyer's ability to apply a legal rule to specific situations can be straightforward and uncomplicated.

<p>False (B)</p> Signup and view all the answers

Imagining how legal rules might apply in unclear situations is an important skill for a good lawyer.

<p>True (A)</p> Signup and view all the answers

The essay provides guidance on how to write legal opinions.

<p>False (B)</p> Signup and view all the answers

The opinions read in Torts, Contracts, and Property classes mostly interpret statutory law.

<p>False (B)</p> Signup and view all the answers

The case method and use of hypotheticals are ineffective in legal training.

<p>False (B)</p> Signup and view all the answers

The opinion in a lawsuit is intended to favor one side over the other.

<p>True (A)</p> Signup and view all the answers

Bicycles should be considered vehicles under the rule prohibiting them in a public park.

<p>True (A)</p> Signup and view all the answers

American law follows a hierarchy where constitutional rules are subordinate to statutory rules.

<p>False (B)</p> Signup and view all the answers

The guide is specifically aimed at experienced law practitioners.

<p>False (B)</p> Signup and view all the answers

Stare decisis is a principle that requires courts to follow prior case decisions.

<p>True (A)</p> Signup and view all the answers

Clients do not need to know how laws apply to their situations when consulting with a lawyer.

<p>False (B)</p> Signup and view all the answers

The guide is published by The Green Bag, Inc.

<p>True (A)</p> Signup and view all the answers

The historical context of judicial opinions is considered irrelevant to understanding modern legal rulings.

<p>False (B)</p> Signup and view all the answers

The presence of the letter 'J.' in a judge's name indicates that the judge's first name starts with J.

<p>False (B)</p> Signup and view all the answers

In Criminal Law, opinions are exclusively based on common law without any reference to statutes.

<p>False (B)</p> Signup and view all the answers

The phrase 'per curiam' means 'by the judge'.

<p>False (B)</p> Signup and view all the answers

Judges in common law cases may justify their decisions based on public policy grounds.

<p>True (A)</p> Signup and view all the answers

The facts of a case always include clear and complete details.

<p>False (B)</p> Signup and view all the answers

The source of law is insignificant when interpreting legal cases.

<p>False (B)</p> Signup and view all the answers

Courts generally have a broad role in settings where the legislature has already established a law.

<p>False (B)</p> Signup and view all the answers

Procedural history describes how a legal dispute progressed through the court system.

<p>True (A)</p> Signup and view all the answers

The common law refers to a set of rules that originated after 1776 in America.

<p>False (B)</p> Signup and view all the answers

Opinions typically present the law in one stage only.

<p>False (B)</p> Signup and view all the answers

Precedents are past cases that are relevant to the current case being decided.

<p>True (A)</p> Signup and view all the answers

The facts of the case are usually presented after discussing the law in an opinion.

<p>False (B)</p> Signup and view all the answers

Students taking civil procedure classes should ignore the procedural history of cases.

<p>False (B)</p> Signup and view all the answers

The term 'common law' refers to laws that are only applicable to specific groups of English citizens.

<p>False (B)</p> Signup and view all the answers

Holdings are new rules announced by a court to address specific legal disputes.

<p>True (A)</p> Signup and view all the answers

Dicta are statements within a judicial opinion that are essential for resolving the parties' dispute.

<p>False (B)</p> Signup and view all the answers

Judges often use reasoning by analogy to apply legal rules from older cases to new ones.

<p>True (A)</p> Signup and view all the answers

Many courts only rely on fairness and notions of justice when making decisions.

<p>False (B)</p> Signup and view all the answers

Legal hypotheticals are proposed by professors to help students understand the potential application of legal rules.

<p>True (A)</p> Signup and view all the answers

The phrase 'obiter dictum' translates to 'a decisive legal ruling'.

<p>False (B)</p> Signup and view all the answers

The majority opinion often establishes a clear legal rule that may be applied to various situations.

<p>True (A)</p> Signup and view all the answers

Concurring and dissenting opinions are irrelevant to understanding a case.

<p>False (B)</p> Signup and view all the answers

Law school classes resemble college classes in teaching methods.

<p>False (B)</p> Signup and view all the answers

The case method has both historical and practical reasons for its use in law schools.

<p>True (A)</p> Signup and view all the answers

Judges can announce legal rules without a case being presented.

<p>False (B)</p> Signup and view all the answers

The legal system inherited from England is primarily focused on legislation.

<p>False (B)</p> Signup and view all the answers

The case method helps students understand how to analyze legal disputes like judges do.

<p>True (A)</p> Signup and view all the answers

Law professors use the case method primarily to prepare students for theoretical discussions.

<p>False (B)</p> Signup and view all the answers

Understanding real-life disputes is a key component of legal education.

<p>True (A)</p> Signup and view all the answers

What does the letter 'J.' signify when listed after a judge's name?

<p>Justice (A), Judge (B)</p> Signup and view all the answers

What is the purpose of the 'per curiam' phrase in judicial opinions?

<p>To indicate a unanimous decision by the court (A)</p> Signup and view all the answers

In the body of a judicial opinion, where are the facts of the case typically presented?

<p>Before discussing the law (C)</p> Signup and view all the answers

What does the procedural history of a case explain?

<p>The timeline of events that led to the court's opinion (A)</p> Signup and view all the answers

What type of information is typically included in the first stage of discussing the law in judicial opinions?

<p>General principles of law relevant to the case (A)</p> Signup and view all the answers

Which statement is true regarding the presentation of facts in judicial opinions?

<p>The length and clarity can vary significantly (A)</p> Signup and view all the answers

Why is understanding procedural history important in civil procedure classes?

<p>It helps in analyzing how cases develop through the system (D)</p> Signup and view all the answers

What might be included in the discussion of the law in a judicial opinion?

<p>Relevant precedents and historical context (D)</p> Signup and view all the answers

What is the primary distinction between civil cases and criminal cases?

<p>Civil cases involve lawsuits and seek damages, while criminal cases involve charges filed by the government. (D)</p> Signup and view all the answers

What is the term used to describe money awarded to a plaintiff in a civil case?

<p>Damages (A)</p> Signup and view all the answers

In a criminal case, who fulfills the role of the plaintiff?

<p>The government prosecutor (A)</p> Signup and view all the answers

Which term correctly identifies the individual who brings a lawsuit in a civil case?

<p>Plaintiff (B)</p> Signup and view all the answers

What is typically the responsibility of legal counsel in a dispute?

<p>To represent a party's interests and provide legal advice (B)</p> Signup and view all the answers

Which of the following legal terms originated from French and is commonly used in the American legal system?

<p>Tort (A)</p> Signup and view all the answers

What legal term describes a court's order to compel someone to do or stop doing something?

<p>Injunction (C)</p> Signup and view all the answers

In legal terminology, what do attorneys and counsel signify?

<p>The same concept with historical differences (B)</p> Signup and view all the answers

What information does the caption of a case typically include?

<p>The title of the case and the names of the parties. (B)</p> Signup and view all the answers

What does a case citation indicate?

<p>The court, publication, and year of the decision. (C)</p> Signup and view all the answers

How is the government typically represented in criminal cases?

<p>As the plaintiff when charging a defendant. (C)</p> Signup and view all the answers

Who typically writes the opinion in a judicial case with multiple judges?

<p>The judge designated as the author. (B)</p> Signup and view all the answers

What do the terms 'Rex' and 'Regina' signify in English criminal cases?

<p>The sovereign authority under which the case is heard. (B)</p> Signup and view all the answers

What might be included in the introductory materials of a legal opinion?

<p>An overview of the opinion's main points. (B)</p> Signup and view all the answers

Which title is used for a case brought against an individual by the federal government?

<p>United States v.Doe (C)</p> Signup and view all the answers

In legal terminology, what does the term 'litigants' refer to?

<p>The parties involved in the lawsuit. (A)</p> Signup and view all the answers

What is the primary source of law that courts rely on when interpreting cases in Torts, Contracts, and Property classes?

<p>Common law (C)</p> Signup and view all the answers

What does the principle of 'stare decisis' ensure in the judicial system?

<p>Courts must adhere to established precedents. (C)</p> Signup and view all the answers

In which area of law are courts most likely to justify their decisions using public policy grounds?

<p>Common law cases (D)</p> Signup and view all the answers

What does a court primarily do when a case is governed by a statute?

<p>Follow the statute's provisions directly. (A)</p> Signup and view all the answers

What is the hierarchy of law in the American legal system?

<p>Constitutional rules trump statutory rules. (A)</p> Signup and view all the answers

Which statement best describes the differences between statutory law and common law?

<p>Common law originates from judicial decisions, while statutory law comes from legislative bodies. (C)</p> Signup and view all the answers

Why are opinions in Civil Procedure usually focused on statutory law?

<p>Civil Procedure requires strict adherence to procedural rules established by statutes. (D)</p> Signup and view all the answers

Which concept emphasizes that courts must base their decisions on previously decided cases?

<p>Stare decisis (B)</p> Signup and view all the answers

What aspect of legal rules makes applying them to specific situations challenging for lawyers?

<p>Legal rules often have vague terms that require interpretation. (C)</p> Signup and view all the answers

Which skill is considered essential for lawyers when interpreting legal rules?

<p>Imaginative thinking to foresee potential applications of rules. (D)</p> Signup and view all the answers

How can the case method benefit law students?

<p>By teaching them to visualize real-life applications of abstract legal concepts. (C)</p> Signup and view all the answers

What is a potential outcome of a rule that appears clear in principle, such as 'No vehicles in the park'?

<p>Certain scenarios may lead to unexpected legal interpretations. (C)</p> Signup and view all the answers

Why might hypothetical scenarios be useful in legal training?

<p>They challenge students to consider complex applications of legal rules. (B)</p> Signup and view all the answers

What is the primary purpose of a judicial opinion?

<p>To explain a judge's ruling in a lawsuit (C)</p> Signup and view all the answers

Which of the following describes how judicial opinions are typically structured?

<p>They generally follow a predictable formula (D)</p> Signup and view all the answers

What element is commonly included in a judicial opinion?

<p>Application of law to the facts of the case (A)</p> Signup and view all the answers

Why is understanding the historical context of judicial opinions important?

<p>It enhances the interpretation of legal principles (B)</p> Signup and view all the answers

What do modern judicial opinions primarily reflect?

<p>Hundreds of years of legal history and practice (A)</p> Signup and view all the answers

In what situation would a judicial opinion be necessary?

<p>When a lawsuit ends and a judge must issue a ruling (A)</p> Signup and view all the answers

What do law students need to identify when reading judicial opinions?

<p>The relevant legal principles and their application (A)</p> Signup and view all the answers

How has the structure of judicial opinions evolved over time?

<p>It has developed standardized elements for clarity (D)</p> Signup and view all the answers

Which condition must be met for a woman to be considered unable to legally consent?

<p>She is unable to understand the act, its nature, and possible consequences. (B)</p> Signup and view all the answers

What element must be proven to charge someone with rape of a disabled woman?

<p>The woman had a mental or physical disability impairing her ability to consent. (C)</p> Signup and view all the answers

In the case of rape by fraud, how does the woman become a victim?

<p>She submitted to intercourse believing the defendant was her husband due to deception. (C)</p> Signup and view all the answers

What knowledge must the defendant have regarding the woman's condition in the rape of a disabled woman charge?

<p>He must know or should reasonably know that she is unable to consent. (A)</p> Signup and view all the answers

Which of the following is NOT a characteristic of rape by fraud?

<p>The woman believed the act was for a professional purpose. (C)</p> Signup and view all the answers

Which statement best describes the act of oral copulation by force, fear, or threats?

<p>It is defined by the use of coercive means to engage someone. (A)</p> Signup and view all the answers

What must the prosecution prove regarding the relationship status between the defendant and the woman in rape cases?

<p>They must not have been married to each other at the time of the intercourse. (B)</p> Signup and view all the answers

What must the People prove to establish the guilt of the defendant in a case of rape?

<p>The woman did not communicate her consent prior to the act. (A), The defendant used physical force or threats to engage in sexual intercourse. (B)</p> Signup and view all the answers

Which of these best captures the essence of being 'unconscious of the nature of the act'?

<p>Being either asleep, unconscious, or deceived to misunderstand the act. (D)</p> Signup and view all the answers

Which statement best reflects the requirements for consent in sexual intercourse according to the laws described?

<p>Consent requires the woman to act freely, voluntarily, and with knowledge of the nature of the act. (A)</p> Signup and view all the answers

What does 'duress' mean in the context of rape by force?

<p>A direct or implied threat causing a reasonable person to act against their will. (B)</p> Signup and view all the answers

Under what condition can a woman withdraw her consent during an act of intercourse?

<p>She must clearly communicate her objection and attempt to stop the act. (B)</p> Signup and view all the answers

What is an important aspect that must be proven regarding the woman in a rape case?

<p>She was alive at the time of the sexual intercourse. (B)</p> Signup and view all the answers

What constitutes sexual intercourse under the defined law?

<p>Any penetration, no matter how slight, of the vagina or genitalia by the penis. (A)</p> Signup and view all the answers

What must the People demonstrate regarding the defendant's belief in consent to claim rape?

<p>The defendant must have reasonably believed that the woman consented. (C)</p> Signup and view all the answers

What type of evidence alone is insufficient to establish consent?

<p>The woman suggesting the use of contraception. (A), Past consensual encounters between the parties. (B)</p> Signup and view all the answers

What must be proven to establish the guilt of the defendant in a charge of oral copulation?

<p>The act was performed without consent. (C)</p> Signup and view all the answers

Which of the following describes sodomy according to the given content?

<p>Any penetration of the anus by the penis. (A)</p> Signup and view all the answers

What is a key element that the prosecution must prove concerning the defendant's belief in consent?

<p>The belief was actual and reasonable. (B)</p> Signup and view all the answers

In a charge of forcible sodomy, which factor is NOT required for proving guilt?

<p>The defendant used a weapon. (C)</p> Signup and view all the answers

Which condition absolves the defendant from guilt regarding forcible oral copulation?

<p>The defendant believed the act was consensual. (C)</p> Signup and view all the answers

What burden of proof does the prosecution have in cases involving claims of consent?

<p>Beyond a reasonable doubt. (D)</p> Signup and view all the answers

What constitutes oral copulation in legal terms?

<p>Any contact between the mouth and sexual organ. (B)</p> Signup and view all the answers

Which of the following is a necessary element for a charge of sexual penetration by force?

<p>The other person did not consent to the act. (D)</p> Signup and view all the answers

What is one of the requirements for proving the defendant committed sexual penetration?

<p>The penetration must be accomplished by using a foreign object. (B)</p> Signup and view all the answers

What constitutes 'sexual penetration' under the given definitions?

<p>Penetration of the genital or anal opening, however slight. (D)</p> Signup and view all the answers

Which of the following factors is NOT a criterion to classify an act as unlawful sexual intercourse with a minor?

<p>The defendant and the other person were married. (A)</p> Signup and view all the answers

What defense can the defendant use to argue against forcible sexual penetration charges?

<p>Demonstrating a reasonable belief that the other person consented. (C)</p> Signup and view all the answers

What does NOT have to be proven in a case of unlawful sexual intercourse with a minor?

<p>The defendant had a good faith belief that the minor was of legal age. (B)</p> Signup and view all the answers

What is the burden of proof that the People must meet in cases involving forcible sexual penetration?

<p>To prove beyond a reasonable doubt that the defendant did not reasonably believe in consent. (B)</p> Signup and view all the answers

Which of the following does NOT define a 'foreign object' in the context of sexual penetration?

<p>Any instrument used for medical purposes. (B)</p> Signup and view all the answers

Under the law, what is sufficient for penetration to be considered for the purposes of sexual abuse?

<p>Penetration resulting in pain, injury, or discomfort. (B)</p> Signup and view all the answers

What must the People prove to establish the defendant's guilt in the case of rape of an intoxicated woman?

<p>The defendant knew the woman was intoxicated enough to be unable to resist. (B)</p> Signup and view all the answers

Which condition negates the defendant's guilt when charged with raping an intoxicated woman?

<p>The defendant actually and reasonably believed that the woman was capable of consenting. (D)</p> Signup and view all the answers

For a defendant to be guilty of raping an unconscious woman, which of the following must be proven?

<p>The defendant knew the woman was unable to resist due to her unconsciousness. (D)</p> Signup and view all the answers

Legal consent requires which of the following?

<p>A person must be able to exercise reasonable judgment. (D)</p> Signup and view all the answers

What factor is NOT considered when determining if a woman was prevented from resisting due to intoxication?

<p>If she had previously consented to sexual activity. (C)</p> Signup and view all the answers

Which aspect is critical in evaluating whether the defendant is guilty of rape of an intoxicated or unconscious woman?

<p>The presence of an intoxicating or controlled substance affecting the woman. (C)</p> Signup and view all the answers

In the context of rape charges, what does the term 'intoxicated' imply?

<p>The individual cannot give legal consent. (A)</p> Signup and view all the answers

Which statement accurately reflects the burden of proof in these cases?

<p>The People must prove the defendant knew the woman was intoxicated. (A)</p> Signup and view all the answers

What is required to prove that the defendant committed forcible oral copulation?

<p>Force, violence, duress, menace, or fear must be involved. (B)</p> Signup and view all the answers

Under what condition could a defendant be found not guilty of forcible sodomy?

<p>If the defendant reasonably believed the act was consensual. (C)</p> Signup and view all the answers

What standard must the People meet to establish guilt in cases of sexual penetration by force?

<p>They must prove beyond a reasonable doubt that consent was not given. (B)</p> Signup and view all the answers

Which of the following is a key element of oral copulation in relation to consent?

<p>The other person must not have consented to the act. (A)</p> Signup and view all the answers

What constitutes sodomy as defined in the content?

<p>Penetration of the anus by the penis, no matter how slight. (B)</p> Signup and view all the answers

What must the People establish regarding the defendant's belief in consent to secure a conviction for sexual offenses?

<p>That the defendant did not actually and reasonably believe in the other person's consent. (B)</p> Signup and view all the answers

In the context of forcible oral copulation, what is meant by 'force, violence, duress, menace, or fear'?

<p>The act must involve any threat or coercion that affects the victim's autonomy. (A)</p> Signup and view all the answers

What type of contact is considered oral copulation?

<p>Contact, no matter how slight, between the mouth and the sexual organ or anus. (D)</p> Signup and view all the answers

What must be proven for a defendant to be found guilty of raping an intoxicated woman?

<p>The woman was unable to understand the nature of the act due to intoxication. (A), The defendant knew that the woman was intoxicated and unable to resist. (C)</p> Signup and view all the answers

In the context of consent, what is essential for a person to give legal consent?

<p>The person must be able to exercise reasonable judgment. (B)</p> Signup and view all the answers

What occurs if the prosecution fails to prove their burden regarding the defendant's belief in consent?

<p>The defendant cannot be found guilty. (C)</p> Signup and view all the answers

What constitutes a key element in proving rape of an unconscious woman?

<p>The woman was unable to resist due to being unconscious. (B)</p> Signup and view all the answers

Which statement about the defendant's belief in the woman's capability to consent is true?

<p>The belief must be reasonable to negate guilt. (D)</p> Signup and view all the answers

What is required to find someone guilty of raping a woman who was intoxicated?

<p>The woman must be unable to legally consent due to intoxication. (B)</p> Signup and view all the answers

Which of the following is NOT a requirement for establishing guilt in the case of rape of an intoxicated woman?

<p>The woman was a stranger to the defendant. (D)</p> Signup and view all the answers

What defines the state of being 'unable to resist' in the context of the law regarding rape?

<p>The woman was rendered unconscious or overly intoxicated. (C)</p> Signup and view all the answers

What is one condition under which a woman is considered unable to legally consent?

<p>She is unable to understand the act, its nature, and possible consequences. (A)</p> Signup and view all the answers

Which factor may contribute to a charge of rape by fraud?

<p>The woman believed the defendant was her husband. (C)</p> Signup and view all the answers

Which of the following must be proven to establish the crime of raping a disabled woman?

<p>The defendant had sexual intercourse with a woman who was unable to consent due to disability. (C)</p> Signup and view all the answers

What aspect must the defendant be aware of to be guilty of raping a disabled woman?

<p>That the woman had a mental disorder or disability that prevented her from consenting. (A)</p> Signup and view all the answers

Which of the following actions could lead to the charge of oral copulation by force?

<p>Threatening physical harm to the woman. (D)</p> Signup and view all the answers

Which of these actions constitutes lack of consent due to fraud?

<p>Convincing the woman that the act is a mandatory health procedure. (D)</p> Signup and view all the answers

What must be established regarding the marital status of the defendant and the woman for the charge of rape to apply?

<p>They must not have been married to each other at the time of the act. (D)</p> Signup and view all the answers

Which of the following correctly describes the characteristics of the act that a woman may be unaware of due to deception?

<p>The nature of the sexual act and the context in which it occurs. (D)</p> Signup and view all the answers

What must be proven for a rape charge to be valid regarding the relationship status of the parties involved?

<p>The defendant and the woman were not married to each other. (D)</p> Signup and view all the answers

Which of the following is NOT considered sufficient evidence of consent?

<p>The woman communicated a desire to use birth control. (A)</p> Signup and view all the answers

What constitutes 'duress' in the context of rape by force?

<p>Threat of consequences that cause fear or panic. (C)</p> Signup and view all the answers

Under what condition can a woman change her consent during an act of intercourse?

<p>If she expresses discomfort verbally. (D)</p> Signup and view all the answers

Which of the following defines 'menace' in the legal context of rape?

<p>A statement or threat showing intent to harm. (A)</p> Signup and view all the answers

What must be proven regarding the defendant’s belief in consent?

<p>The defendant reasonably believed the woman consented. (B)</p> Signup and view all the answers

What constitutes force in the act of sexual intercourse?

<p>Overpowering the woman against her will. (C)</p> Signup and view all the answers

Which of the following is a requirement for a rape charge regarding the woman's state at the time of the act?

<p>The woman must be alive at the time of intercourse. (D)</p> Signup and view all the answers

Which of the following elements must be proven to establish that the defendant committed forcible sexual penetration?

<p>The penetration was accomplished by a foreign object, instrument, or device (D)</p> Signup and view all the answers

What defines sexual penetration in the context of the crime mentioned?

<p>It can involve any slight penetration of genital or anal openings (A)</p> Signup and view all the answers

In the defense of reasonable belief in consent, what must be proven by the People?

<p>The defendant did not reasonably believe that the other person consented (A)</p> Signup and view all the answers

What constitutes unlawful sexual intercourse with a minor?

<p>Intercourse where the other person is under 18 and within three years of the defendant's age (C)</p> Signup and view all the answers

Which statement is true regarding consent in the context of unlawful sexual intercourse with a minor?

<p>Consent is irrelevant in proving the act of unlawful sexual intercourse (C)</p> Signup and view all the answers

What must the People establish to prove the charge of forcible sexual penetration?

<p>The act was done by force, violence, or threat of injury (C)</p> Signup and view all the answers

What age difference between the defendant and the other person is permissible in the case of unlawful sexual intercourse?

<p>Up to three years younger than the defendant (A)</p> Signup and view all the answers

Which of the following actions does NOT constitute sexual penetration under the given laws?

<p>Sexual intercourse between two consenting adults (A)</p> Signup and view all the answers

Flashcards

Statutes

Written laws passed by legislative bodies like Congress.

Common Law

A body of law based on prior court decisions, originating from English law.

Stare Decisis

The legal principle that courts should follow precedent.

Constitutional Rules

Rules based on the Constitution; supreme in the hierarchy of American law.

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Statutory Rules

Rules based on statutes; higher than common law in the hierarchy.

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Legal Opinion

A written document by a judge that explains a court's decision in a lawsuit, detailing the case's facts, relevant law, and application of the law to the facts.

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Common Law Rules

Rules based on precedent; lowest in the hierarchy.

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Lawsuit

A legal dispute between two or more parties, often resulting in a court ruling.

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Judicial Reasoning

The method a court uses to justify its decision (following statutes, precedents, or public policy).

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Judge's ruling

The formal decision of a judge in a lawsuit, favouring one party and possibly against the other.

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Legal Hierarchy

The order of importance of different types of laws (Constitutional > Statutory > Common Law).

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Opinion structure

A structured approach, including a description of the case, legal principles, and application to facts to support a decision.

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Relevant legal principles

The applicable legal rules and concepts that govern the case.

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Case facts

Detailed information about the events, circumstances and behavior involving the parties in the legal case.

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Application of law

Using the relevant laws to analyze and interpret the case facts to reach a judgement.

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Court decision

The official ruling of a court in a case, containing a conclusion supported by the application of laws to the specific facts

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Per curiam opinion

A court opinion reflecting a common view of all judges, rather than a single judge's opinion.

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Facts of a case

The events that form the basis of a legal dispute.

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Procedural history

The sequence of events in a legal dispute, including motions, hearings, and trials.

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Law of the case

The legal principles relevant to a case, including general principles and previous cases.

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Judge Initial (J)

An abbreviation for 'Judge' or 'Justice' in court opinions.

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Precedents

Previous cases that have similar legal principles.

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Opinion

The written explanation of a court's decision.

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Body of an opinion

The part of an opinion after the introduction, explaining the facts, law, and ruling.

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Applying Laws to Specific Cases

Lawyers need to understand how general legal rules relate to specific client situations.

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Ambiguity of Legal Rules

Even clear-sounding rules can be unclear when applied to specific details.

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Imagination in Law

Good lawyers need the ability to envision diverse applications and potential problems of rules.

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Case Method and Hypotheticals

Studying legal cases and imaginary situations helps build analytical skills.

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Practical Application of Law

Understanding laws within specific contexts improves handling real-world legal facts.

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Holding of a case

The new legal rule announced and applied by a court to resolve a dispute.

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Dicta

Legal statements in a court opinion not needed to resolve the case; secondary statements.

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Hypothetical

A new set of facts used to evaluate a legal rule's applicability or potential problems.

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Reasoning by Analogy

Using a previously decided case as a guide to a current case, where the facts of the current case are similar..

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Legal Significance of Opinions

Appreciating the potential application and implications of legal rules in various contexts, going beyond the immediate case.

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Justification for Court Decisions

Courts may base their decisions on morality, fairness, or notions of justice, often combining these factors.

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Majority Opinion

The opinion shared by a majority of court judges deciding a case.

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Case Method in Law School

A teaching method where students learn law by studying actual court cases and legal opinions.

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Concurring/Dissenting Opinions

Opinions written by judges who agree or disagree with the majority opinion in a court case.

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Judge-Focused Legal System

A legal system where judges create and interpret most laws through their written opinions.

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Case or Controversy Requirement

A legal principle that courts can only decide issues presented by actual disputes.

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Practical Value of Case Method

The case method teaches essential skills for lawyers, such as analyzing cases.

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Historical Value of Case Method

The case method is important because legal decisions are primarily derived from court cases.

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Law Professor's Methodology

Using case studies and discussion to teach legal concepts and reasoning.

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Analyzing Court Cases

Understanding the arguments within court decisions (majority, concurring, and dissenting opinions).

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What is a legal opinion?

A written document by a judge explaining a court's decision in a lawsuit. It includes the case facts, relevant laws, and how the law is applied to reach a ruling.

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What are 'case facts' in a legal opinion?

The specific details about the events, actions, and circumstances involving the parties in a lawsuit.

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What are 'relevant legal principles'?

The applicable legal rules and concepts that govern the case, such as statutes, precedent, or constitutional provisions.

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What is 'application of law'?

The process of analyzing and interpreting the case facts using the relevant legal principles to reach a judgment.

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What is a 'holding'?

The new legal rule announced by the court, based on the application of law to the facts, which resolves the dispute.

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What is 'dicta'?

Statements in a legal opinion that are not essential to the decision and are therefore not legally binding.

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What is reasoning by analogy?

Using a previous case with similar facts as a guide to decide the current case.

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Why are legal opinions important?

They provide detailed explanations for court decisions, offer precedents for future cases, and illustrate the application of legal principles.

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Case Caption

The title of a legal case, usually listing the names of the parties involved (plaintiff v. defendant).

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Parties or Litigants

The people or organizations involved in a lawsuit, often referred to as the plaintiff and defendant.

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Criminal Law Cases

Cases where the government accuses an individual of breaking a law, often titled with the name of the government (e.g., United States v. Doe).

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Case Citation

A string of letters and numbers following the case name, containing information like the court's name, the publication it's found in, and the year it was decided.

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Opinion Author

The judge who writes the legal opinion explaining the court's decision in a case.

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What does "Rex v. Doe" mean?

It's a traditional format for criminal cases in England, where "Rex" stands for "King."

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What's the difference between 'Rex' and 'Regina'?

"Rex" signifies the reign of a King, while "Regina" signifies a Queen's reign in English legal cases.

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Multiple Judges

Many courts have several judges, so the opinion tells you which judge wrote that specific opinion.

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Per curiam

A court opinion where all judges agree on the decision and it reflects a shared viewpoint rather than an individual judge's writing.

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What are the 'facts' in a case?

The events and circumstances that led to the legal dispute; what happened that caused the parties to go to court.

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What is precedent?

Previous court rulings on similar legal issues, which can be used as a basis for deciding current cases.

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Why are precedents important?

They provide a framework for consistent application of law, helping ensure similar cases are treated similarly.

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What is the 'law' in a case?

The legal principles and rules relevant to the issues being decided; what are the laws that apply to the facts.

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What does 'applying the law' mean?

Taking relevant legal principles and using them to analyze and interpret actual facts to reach a reasoned judgment.

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What is a 'holding' in a case?

The court's actual decision, the new legal rule that is announced and applied to resolve the case.

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Civil Case

A legal dispute between individuals or organizations where one party (the plaintiff) seeks a remedy (damages or injunction) from the other party (the defendant).

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Criminal Case

A legal dispute where the government (prosecution) accuses an individual (defendant) of committing a crime and seeks punishment (jail time or fine).

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Plaintiff

The person who initiates a lawsuit in a civil case, seeking a remedy from the defendant.

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Defendant

The person being sued or accused in a legal case.

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Damages

Monetary compensation awarded to the plaintiff in a civil case for harm caused by the defendant.

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Injunction

A court order requiring a party to do or stop doing something.

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Attorney

A legal professional, also known as counsel, who represents parties in legal proceedings.

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Government Prosecutor

A lawyer representing the government in a criminal case, bringing charges against a defendant.

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What is a 'statute'?

A written law made by a legislative body like Congress.

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What is 'common law'?

A body of law based on past court decisions, originally coming from English law.

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What is 'stare decisis'?

The principle that judges should follow past court decisions when making new rulings.

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What is 'judicial reasoning'?

The method a court uses to justify its decisions, often based on statutes, precedents, or public policy.

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What is the 'legal hierarchy'?

The order of importance of different types of law, with Constitutional rules being supreme, followed by statutory rules, and then common law rules.

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What is 'public policy'?

The general goals and priorities of the government, which may influence court decisions.

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What is a 'precedent'?

A past court decision that serves as a guide for future cases with similar issues.

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Rape by Force

Sexual intercourse without consent accomplished through physical force, violence, threats, or fear of immediate harm.

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Consent in Rape

A woman must freely and voluntarily agree to sexual intercourse, knowing the nature of the act. Initial consent can be withdrawn.

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Duress in Rape

A direct or implied threat of force, violence, danger, or retribution that would cause a reasonable person to submit to sexual intercourse.

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Menace in Rape

A threat, statement, or act showing an intent to injure someone to force sexual intercourse.

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Reasonable Belief in Consent

A defendant can avoid rape charges if they actually and reasonably believed the victim consented to sexual intercourse.

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Evidence of Consent

Dating or marriage history alone does not constitute consent. Neither does requesting or using condoms.

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Rape: Ejaculation Required?

No, ejaculation is not required for rape. Any penetration, no matter how slight, of the vagina or genitalia by the penis constitutes sexual intercourse.

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Communicating Lack of Consent

A woman can show she doesn't consent through words or actions that a reasonable person would understand as objecting to sexual intercourse.

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Rape of an Intoxicated Woman

Sexual intercourse with a woman who is so intoxicated that she cannot give legal consent, and the defendant knew or should have known this.

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Legal Consent

Consent given freely and voluntarily by someone who understands the nature of the act, its moral implications, and its potential consequences.

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Reasonable Belief Defense

A defense in a rape case where the defendant argues that they genuinely and reasonably believed the woman was capable of consenting, even if that belief was mistaken.

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Rape of an Unconscious Woman

Sexual intercourse with a woman who is unconscious of the nature of the act, and the defendant knew she was unable to resist.

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Burden of Proof

The responsibility of the prosecution to prove the defendant's guilt beyond a reasonable doubt.

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Not Guilty Verdict

A decision by the jury that the prosecution has failed to meet the burden of proof, resulting in the defendant's acquittal.

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Sexual Intercourse

The penetration of the female sex organ by the male sex organ.

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Reasonable Should Have Known

A legal standard where the defendant should have been aware of the victim's inability to consent based on the circumstances.

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Forcible Oral Copulation

Sexual act involving oral contact with another person's genitals or anus without consent and accomplished through force, violence, duress, menace, or fear.

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Consent in Forcible Oral Copulation

The defendant is not guilty if they actually and reasonably believed the other person consented. The prosecution must prove beyond a reasonable doubt that the defendant didn't believe in consent.

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Sodomy by Force

Sexual act involving penetration of the anus of one person by the penis of another person without consent and accomplished through force, violence, duress, menace, or fear.

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Consent in Sodomy by Force

The defendant is not guilty if they actually and reasonably believed the other person consented. The prosecution must prove beyond a reasonable doubt that the defendant didn't believe in consent.

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Sexual Penetration by Force

A sexual act involving penetration of another person's body, accomplished through force, violence, duress, menace, or fear and without consent.

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Consent in Sexual Penetration by Force

The defendant is not guilty if they actually and reasonably believed the other person consented. The prosecution must prove beyond a reasonable doubt that the defendant didn't believe in consent.

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Forcible Sexual Penetration

Sexual penetration without consent and achieved through force, violence, duress, menace, or fear of immediate harm.

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Penetration

Any entry, however slight, of the genital or anal opening of another person, including self-penetration for sexual purposes.

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Foreign Object

Anything used for penetration except a sexual organ, including body parts other than sexual organs.

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Defense: Reasonable Belief in Consent

A defendant is not guilty of forcible sexual penetration if they honestly believed the victim consented, even if the belief was mistaken.

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Unlawful Sexual Intercourse: Minor Within Three Years

Sexual intercourse with a minor who is within three years of the defendant's age, even if consensual.

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Defense: Good Faith Belief 18 or Over

A defendant is not guilty of unlawful sexual intercourse with a minor if they reasonably believed the victim was 18 or older.

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Ejaculation

Ejaculation is not a requirement for sexual intercourse to be considered unlawful.

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Rape of a Disabled Woman

Sexual intercourse with a woman who has a mental, developmental, or physical disability preventing her from legally consenting, where the perpetrator knew or should have known of this disability.

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Rape by Fraud

Sexual intercourse where a woman submits due to believing the perpetrator is her husband, but he tricked, lied, or concealed information to deceive her.

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Oral Copulation by Force

Oral sexual contact with another person without their consent, achieved through force, threat, or fear.

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Essential Characteristics of the Act

The key elements and nature of the sexual act, including the understanding of its purpose and consequences.

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Tricked, Lied to, or Concealed Information

When a perpetrator uses deception to mislead someone about the true nature of a sexual act, preventing informed consent.

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Professional Purpose

A legitimate medical, therapeutic, or other occupationally-related reason for a sexual act, as opposed to purely sexual intent.

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Fraudulent Representation

A deceitful act of claiming a sexual penetration serves a professional purpose when it actually has no such purpose.

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Consent Defense (Oral Copulation)

A defendant can be acquitted if they actually and reasonably believed the other person consented to the act.

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Consent Defense (Sodomy)

A defendant is not guilty if they actually and reasonably believed the other person consented to the act.

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Consent Defense (Sexual Penetration)

A defendant can avoid charges if they actually and reasonably believed the other person consented to the act.

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What is the People's burden of proof?

The prosecution must prove beyond a reasonable doubt that the defendant did not actually and reasonably believe the other person consented to the act.

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What happens if the People don't meet their burden of proof?

The jury must find the defendant not guilty.

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What is sexual penetration?

Any penetration, however slight, of the genital or anal opening of another person or causing the other person to penetrate, however slightly, their own genital or anal opening for sexual purposes, arousal, or gratification.

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What is a foreign object?

Anything used for penetration, including any part of the body, except a sexual organ.

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What is penetration for sexual abuse?

Penetration for the purpose of causing pain, injury, or discomfort.

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What is the 'reasonable belief in consent' defense?

The defendant is not guilty of forcible sexual penetration if they genuinely and reasonably believed the other person consented, regardless of whether they were mistaken.

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What is unlawful sexual intercourse with a minor?

Sexual intercourse with someone under the age of 18, but not more than three years younger than the defendant.

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What is the 'good faith belief' defense to unlawful sexual intercourse?

The defendant is not guilty if they reasonably and actually believed the other person was 18 or older.

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What does 'sexual intercourse' mean in this context?

Any penetration, however slight, of the vagina or genitalia by the penis. Ejaculation is not required.

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Consent: Can it be withdrawn?

Yes, a person can withdraw their consent at any time during the sexual act.

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Intoxicated Consent

A person cannot consent to sexual intercourse if they are so intoxicated that they cannot exercise reasonable judgment. This means they can't understand the nature, consequences, and morality of the act.

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Unconscious Consent

A person who is unconscious cannot consent to sexual intercourse. This means they are not aware of what is happening.

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Study Notes

  • A guide for new law students
  • Explains what judicial opinions are, how they are structured, and what law students should look for when reading them.
  • When two people disagree leading to a lawsuit, a judge's ruling can be explained in a written document called an "opinion".
  • The opinion details the case, explains relevant legal principles, and applies the law to the facts to reach a decision.
  • Modern opinions follow a predictable formula, reflecting years of history and practice.

The Caption

  • The title of a case, for example, Brown v. Board of Education or Miranda v. Arizona.
  • Shows the involved parties (the person who brought the lawsuit and the one being sued).
  • In criminal cases, the government (e.g., United States v. Doe, State v. Doe) is the named party.
  • English criminal cases are often Rex v. Doe or Regina v. Doe.

The Case Citation

  • Letters and numbers that provide legal citation:
  • The court that decided the case.
  • The law book where the opinion was published.
  • The year the court decided the case.
  • Example: U.S. Supreme Court, 485 U.S. 759 (1988).

The Author of the Opinion

  • The judge who wrote the opinion.
  • Some cases use "per curiam," meaning by the court, rather than an individual judge.

The Facts of the Case

  • Presents the events that led to the legal dispute.
  • Often includes the "procedural history," describing how the legal dispute unfolded through the courts.
  • Providing context and evolution of the case.
  • Facts section can be long or short, clear or vague.
  • Including the procedural history of the case, detailing motions, hearings, and trials.

Concurring and/or Dissenting Opinions

  • A majority opinion is agreed by most judges.
  • A "Concurring opinion" agrees with the majority's decision, but offers a different legal rationale.
  • A "Dissenting opinion" disagrees with the majority's decision, explaining the rationale for the dissent.
  • Common legal terms often have French origins.
  • Examples include: plaintiff, defendant, tort, contract, crime, judge, attorney, counsel, court, verdict, party, appeal, evidence, and jury.
  • Other related terms include Rex v. Doe (King v. Doe), Regina v. Doe (Queen v. Doe).

Types of Disputes and the Names of Participants

  • Legal disputes can be civil (one party sues another to pay money or perform an action) or criminal (prosecutor brings charges).
  • In civil cases, the person suing is the plaintiff, and the person being sued is the defendant.
  • In criminal cases, the government (the State, the prosecution) is the one filing the charges.
  • Legal disputes involve the roles of plaintiffs, defendants, lawyers, and the court system itself.
  • Legal opinions often involve the "case or controversy" requirement, which means a court can only make a decision in response to an actual dispute.

III. What You Need To Learn from Reading a Case

  • Knowing the facts is crucial to understanding the case, applying law, and identifying legal issues.
  • Understanding legal reasoning, using precedents, and considering public policy and fairness.
  • Students need to think independently about the rules and explanations provided in judicial opinions, to fully appreciate legal opinions.
  • Considering how different facts might affect the application of the legal rules (hypotheticals).
  • Understanding the context of legal disputes.
  • Understanding how the lower court disputes evolved within the legal system until reaching the current level of dispute.

IV. Why Law Professors Use the Case Method

  • Law is often judge-based; opinions are considered the source of law.
  • The "case method" involves studying past case decisions to see how the law applies in specific situations, to predict the application of legal principles in new scenarios.
  • Cases are examined through facts, precedents, and reasoning.
  • Useful for developing legal reasoning and argumentation skills.
  • Identifying unsettled legal issues that are not immediately clear.
  • Understanding important legal principles.
  • Mastering the ability to apply legal rules to new situations.

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Related Documents

How to Read a Legal Opinion (Autumn 2007) PDF
Chapter 10 Lecture - Sex Crimes CALCRIMS PDF

Description

Explore the essential elements of writing judicial opinions in legal contexts. This quiz focuses on the structure and application of legal rules in Torts, Contracts, and Property classes. Gain insights into how to effectively interpret statutory law and develop strong writing skills for legal practitioners.

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