Citation

A reference that identifies the legal or scholarly source supporting a statement. A citation helps readers locate and verify the source.

Common Law

Legal principles developed through judicial decisions rather than enacted directly through statutes or regulations.

Concurring Opinion

An opinion written by a judge who agrees with the court’s result but reaches that result through different reasoning.

Constitution

The fundamental law that establishes the structure and powers of a government and protects certain rights.

Court of Appeals

An appellate court that reviews decisions from lower courts. The name and level of a court of appeals may vary by jurisdiction.

CFR

Code of Federal Regulations. The organized collection of regulations issued by federal administrative agencies.

Dicta

Statements in a judicial opinion that are not necessary to the court’s decision. Dicta may be persuasive but generally do not have binding precedential effect.

Dissenting Opinion

An opinion written by a judge who disagrees with the court’s majority decision.

Disposition

The court’s final action in a case, such as affirming, reversing, remanding, dismissing, or granting relief.

Due Process

The constitutional principle that government must use fair procedures before depriving a person of life, liberty, or property.

Federalism

The division and sharing of governmental authority between the federal government and the states.

Holding

The court’s answer to the legal issue necessary to decide the case.

IRAC

Issue, Rule, Application, and Conclusion. A common structure for organizing legal analysis.

Issue

The legal question the court must resolve.

Jurisdiction

The legal authority of a court or agency to hear a matter and make a binding decision.

Majority Opinion

The opinion that represents the reasoning and decision supported by a majority of the judges participating in the case.

Negligence

A common-law doctrine under which a person may be held liable for harm caused by a failure to exercise reasonable care.

Notice and Comment Rulemaking

A process in which an administrative agency publishes a proposed regulation, allows the public to submit comments, and then issues a final rule.

Persuasive Authority

Legal authority that a court may consider but is not required to follow. Examples may include decisions from other jurisdictions, law review articles, and treatises.

Precedent

A prior judicial decision used to guide the resolution of a later case involving similar legal issues or facts.

Primary Authority

The actual law, including constitutions, statutes, regulations, and judicial opinions.

Procedural History

A summary of what happened in a case before it reached the court issuing the current opinion.

Regulation

A rule issued by an administrative agency under authority delegated by a legislature.

Remand

An appellate court’s decision to send a case back to a lower court or agency for further proceedings.

Rule of Law

The legal principle applied by a court to resolve an issue.

Secondary Authority

Material that explains, analyzes, or comments on the law but is not itself law. Examples include legal treatises, law review articles, news reports, and educational websites.

Stare Decisis

The doctrine that courts should follow applicable precedent unless there is a strong reason to depart from it.

Statute

A written law enacted by a legislature.

Supremacy Clause

The constitutional principle that valid federal law controls when it conflicts with state law.

Trial Court

A court where cases ordinarily begin and where evidence is presented, witnesses may testify, and factual disputes are resolved.

USC

United States Code. The organized collection of federal statutes.

USSC or SCOTUS

Supreme Court of the United States. The highest court in the federal judicial system.