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Legal Research Glossary

Caption

A heading on all pleadings submitted to the court. It states basic information such as the parties’ names, court, and case number.

Case

A term that most often refers to a lawsuit. It can also refer to a written decision by a judge or panel of judges.

Case in Point

A judicial opinion that deals with a fact situation similar to the one being researched and substantiates a point of law to be asserted.

Case Law

The collection of reported cases that form the body of law within a given jurisdiction.

Casebook

A textbook, commonly used in law school, that presents excerpts of appellate opinions combined with comments and questions from  the authors, who are typically law professors.

Cause of Action

A claim in law and in fact sufficient to bring the case to court; the grounds of an action. (Example: breach of contract.)

Certiorari (cert.)

A writ issued by a superior court to an inferior court requiring the latter to produce the records of a particular case tried therein. It is most commonly used to refer to the Supreme Court of the United States, which uses the writ of certiorari as a discretionary device to choose the cases it wishes to  hear. The term’s origin is Latin, meaning to be informed of.

Circuit

A division of the United States Court of Appeals. There are currently 11 numbered circuits  encompassing the fifty states, as well as a D.C. Circuit and a Federal Circuit.

Citation

The reference to authority necessary to substantiate the validity of one’s argument or position. Citation to authority and supporting references is both important and extensive in any form of legal writing. Citation form is also given emphasis in legal writing.

Citators

A set of books and online sources that provide the subsequent judicial history and interpretation of reported cases or list of cases and legislative enactments construing, applying, or affecting statutes. In America, the most widely used citators are Shepard’s Citations (Lexis) and KeyCite (Westlaw).

Cited Case

A case that is referred to by other cases.

Citing Case

The case that refers to the cited case.

Civil Law

One of the two prominent legal systems in the Western world, originally administered in the Roman Empire and still influential in continental Europe, Latin America, Scotland, and Louisiana, among other parts of the world. Civil law systems place little or no emphasis on case law precedent and instead rely on written statutes and other legal codes that are constantly updated and establish legal procedures, punishments, and what can and cannot be brought before a court.

Code

In popular usage, a compilation of statutes. Technically, in a code, the laws in force and judicial decrees having the force of law are rewritten and arranged in classified order. Repealed and temporary acts are eliminated and the revision is reenacted.

Codification

The process of collecting and arranging systematically, usually by subject, the laws of a state or country.

Code of Federal Regulations (CFR)

The annual collection of executive-agency regulations published in the daily Federal Register, combined with previously issued regulations that are still in effect.

Committee Reports

A written report recommending passage of a bill prepared by one or more committees that have jurisdiction over the subject matter of the bill they have been assigned after it has been introduced into either the House or the Senate. The report usually sets forth the revised text of the bill, if any; the changes made in committee; an analysis of the intent and the content of the proposed legislation and the rationale behind the committee’s recommendation.

Common Law

The body of law derived from judicial decisions, rather than from statutes or constitutions. The origin of the Anglo-American legal systems. English common law was largely customary law and unwritten, until discovered, applied, and reported by the courts of law. In theory, the common law courts did not create law but rather discovered it in the customs and habits of the English people. In a narrow sense, common law is the phrase still  used  to distinguish case law from statutory law.

Compiled Statutes

In popular usage, a code. Technically, it is a compilation of acts printed verbatim as originally enacted but in a new classified order. The text is  not  modified; however, repealed and temporary acts are omitted.

Concurring Opinion

A separate written opinion explaining a vote cast by a judge in favor of the judgement reached, often on grounds differing from those expressed in the opinion or opinions explaining the judgement.

Congressional Record

The published record of the daily proceedings in the U.S. Senate and House of Representatives.

Congressional Research Service (CRS)

Known as Congress's think tank, is a public policy research arm of the United States Congress. As a legislative branch agency within the Library of Congress, CRS works primarily and directly for members of Congress, their committees and staff on a confidential, nonpartisan basis.

Connector

See Boolean logic.

Consolidated statues

In popular usage, a code. Technically, it is a compilation of acts rewritten, arranged in classified order, and reenacted. Repealed and temporary acts are eliminated.

Constitution

The system of fundamental principles by which a political body or organization governs itself. Most national constitutions are written; the English and Israeli constitutions are unwritten.

Corpus Juris Secundum (C.J.S.)

A legal encyclopedia of U.S. law that provides a clear statement of each area of law including areas of the  law that  are evolving  and  provides footnoted citations to case law and other primary sources of law. It is updated with annual supplements to reflect modern developments in the law. Entire volumes are revised and reissued periodically as the supplements become large enough.

Court Decision

The disposition of the case by the court. See opinion.

Court Rules

Rules of procedure promulgated to govern civil and criminal practice before the courts.