Suit – A lawsuit brought by a plaintiff against a defendant based on a claim that the defendant failed to comply with a legal obligation, causing harm to the plaintiff. « Weil » is the most important word in writing the analysis. Using the word « because » forces you to make the connection between the rule and the facts. You will find that you can also use the words « asâ » and « since », they perform the same function as « because ». Case law – The study of the law and the structure of the legal system. Common Law – The legal system that originated in England and is now used in the United States. It is based on judicial decisions and not on laws passed by the legislature. Bail – security for the release of an accused or witness in pre-trial detention (usually in the form of money) to ensure his or her appearance on the agreed day and time. Some professors may not want to see this language – the question is if.
they get the same result, for example, with other words « Did » or « Can ». Don`t fixate on the tongue. Follow your teacher`s instructions and find that in both cases you will get the same result: the identification of the legal problem. RAIC stands for the « Issue, Rule, Application, Conclusion » structure of legal analysis. An effective essay follows a form of RAIC structure in which it is organized around a « problem, » a « rule, » an « application, » and a « conclusion » for each individual problem and sub-problem identified as a legal problem. Britannica.com: Encyclopedia article on analysis Court reporter – A person who gives an verbatim account of what is said in court and provides a transcript of proceedings upon request. habeas corpus – A brief often used to bring a prisoner to court to determine the lawfulness of his detention. A detainee who wishes to argue that there are insufficient grounds for detention would file an application for habeas corpus.
It can also be used to detain a person in court in order to testify or be prosecuted. The glossary of legal terms defines more than 100 of the most common legal terms in easy-to-understand language. The terms are listed in alphabetical order and can best be viewed by selecting a letter here: Transcript – A written and verbatim record of what was said, either in a proceeding such as a trial or during another conversation. Identify and indicate the legal conclusion you want the court to reach Note: Repeat the process for each issue you identify – each issue forms the basis of a separate RAIC analysis. Jurisdiction – (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have jurisdiction to hear the same case at the same time. Some issues may be brought in state and federal courts. The plaintiff first decides where to file the lawsuit, but in some cases, the defendant may try to change the court. (2) The geographical area in which the court has jurisdiction to hear cases. For example, a federal court in a state can generally only decide a case arising from lawsuits filed in that state. While using the RAIC does not guarantee an « A » from the professor, it is extremely helpful in organizing a response. And while this isn`t the only way to structure an answer, it helps ensure that all bases are covered.
So until you reach the level of mental and written fluency where you can weave rules and facts into a seamless network and transition between thoughts without losing your substance or reader, I highly recommend relying on some form of RAIC to stay focused. While the RAIC never covers a lack of knowledge or replaces a lack of analysis, you can use it as a tool to organize your thinking and writing. Think of it as a support scaffolding (or drive wheels) to make sure the necessary steps are followed. Once the process becomes instinctive, the props can be thrown away and you can weave the rule and facts together. But by then, you`ll have something you can count on to guide you through the process. Jury Instructions – A judge`s statement to the jury before the jury begins deliberations on the questions to be answered and the law applicable to the case. Each party offers jury instructions to the judge, but the judge chooses the final wording. Court – A governmental body empowered to settle disputes. Judges sometimes use the term « court » to refer to themselves in the third person, as in « The court read the pleadings. » Brief – A formal written order of the court that requires the performance of a specific act. uphold – The decision of an appellate court not to overturn a decision of the lower court. Also known as « confirm » response – The formal written statement of a defendant responding to a civil complaint and setting out the reasons for the defence.
A | B | C | D | E | F | G | H | I | J | K | T | Mr. | N | O | P | F | R | T | T | U | V | H C X | There | Z-Plea – In criminal proceedings, the defendant pleads « guilty » or « not guilty » in open court.
