Match the following terms which are necessary to understand Common Law/Case Law/

Question

Match the following terms which are necessary to understand Common Law/Case Law/Judge-made law. You may need to consult a legal dictionary to complete this exercise. A. Affirm B. Binding authority C. Case of first impression (also called_____________) D. Controlling authority E. Jurisdiction F. On all Fours G. Overrule H. Persuasive authority I. Primary authority J. Remand K. Secondary authority L. Legal Regime M. Minority Rule N. Majority Rule O. Traditional View P. Modern View Common Law Descriptions ? The power of a court to hear a case, or have power over a defendant. ? The action when the appellate court agrees with the lower court decision. ? The Constitution, Bill of Rights, Statutes, Acts, Ordinances ? Means that the appellate court disagrees with the lower court decision. ? Means to send back to the lower court for further adjudication of the matter. ? The first time a court is hearing this particular issue within its jurisdiction ? Law books, journals, articles, etc. ? A case for which the issues, facts, reasons, etc. are just like the case at bar. ? A precedential case that a court must follow (e.g., Supreme Court decision banning abortion is _________on all courts) ? A case which a court must follow because it is binding on the court. ? A case, statute, ordinance, act (authority) etc. which is not binding on the jurisdiction of the court. Also, this type of authority may be a case from another jurisdiction which is not binding on this court’s jurisdiction. ? The rule held by the majority of courts in the United States. For example, the majority of courts hold that a landowner is not responsible for deaths that occur in their natural ponds. ? The rule held by the minority of courts in the United States. For example, a minority of courts hold that it is okay for gays to be married. ? Tort Law, Contracts Law, Property Law, Wills Law are all examples of this.

Explanation / Answer

We are required to do only 4 parts of a question

1. The power of a court to hear a case, or have power over a defendant - Jurisdiction.

2. The action when the appellate court agrees with the lower court decision - Affirm

3. Constitution, Bill of Rights, Statutes, Acts, Ordinances - Primary Authority.

4. Means that the appellate court disagrees with the lower court decision - Remand.

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