Introduction to legal analysis ch.7; Legal
Research ch.11; Legal Writing ch.12
Introduction to paralegalism
Legal analysis - answer✔The application of one or more rules to the facts of a client's case in
order to answer a legal question that will help (1) avoid a legal dispute, (2) resolve a legal
dispute that has arisen, or (3) prevent a legal dispute from becoming worse.
Primary authority - answer✔A law written by one of the three branches of government.
Secondary authority - answer✔A nonlaw (e.g., a legal periodical article) that summarizes,
describes or explains the law but is not a law itself.
Common law - answer✔Judge-made law in the absence of controlling statutory law or other
higher law. Law derived from court opinions.
Element - answer✔A portion of a rule that is a precondition of The applicability of the entire
rule.
Memorandum of law - answer✔A written explanation of how one or more rules might apply to
the facts of a client's case. The memorandum is organized by issues, which are based on
elements of rules that are in contention.
Issue - answer✔1. A question to be resolved; 2. A question of law. A dispute over what the law
is, what the law means, or how the law applies to the facts. Also called Legal issue, issue of law.
3. A question of fact. A dispute over the existence or nonexistence of the alleged facts. Also
called factual issue, issue of fact, question of fact.
Legal issue - answer✔A question of law; a question of what the law is, what the law means, or
how the law applies to specific facts. Also called issue, issue of law.
Verdict - answer✔The jury's finding or decision on the factual issues placed before it.
Judgment - answer✔The final conclusion of a court that resolves a legal dispute by declaring
the rights and obligations of the parties or that specifies what further proceedings are needed to
resolve it.
Bench trial - answer✔A trial before a judge without a jury. Also called a nonjury trial.
Wholesale - answer✔The purchase of goods in large quantities that will be related to
consumers by others.
Legislative history - answer✔Hearings, debates, amendments, committee reports, and all other
events that occur in the legislature before a bill is enacted into a statute. Also part of the history
are later changes, if any, made by the legislature to the statute.
Factor - answer✔1. One of the circumstances or considerations that will be weighed in making
a decision. 2. One of the circumstances or considerations that will be weighed in deciding
whether an element applies.
Dispositive - answer✔Pertaining to something that is essential to a decision; pertaining to a
deciding factor or consideration.
Memorandum - answer✔1. A short note. 2. A written record of a transaction. The plural of
memorandum is memoranda.
Memorandum of law - answer✔A written explanation of how one or more rules might apply to
the facts of a client's case. Also called memo, legal memorandum.
IRAC - answer✔An acronym that stands for the components of legal analysis: issue (I), rule
(R), application of the rule to the facts (A), and conclusion (C). IRAC provides a structure for
legal analysis.
IFRAC - answer✔An acronym that stands for the components of legal analysis; issue(I),
facts(F), rule(R), application of the rule to the facts (A), and conclusion (C). IFRAC provides a
structure for legal analysis.
Docket number - answer✔A consecutive number assigned to a case by the court and used on all
documents filed with the court during the litigation of that case.
RE - answer✔Regarding, concerning; in the matter of.
Roadmap paragraph - answer✔An overview, introductory, or thesis paragraph at the beginning
of a memorandum of law that tells the reader what issues will be covered and briefly states the
conclusions that will be reached.
Counter analysis - answer✔Arguments that support a different result or conclusion;
counterarguments.
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