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Casebook
A casebook is a type of textbook used primarily by students in law schools.Wayne L. Anderson and Marilyn J. Headrick, The Legal Profession: Is it for you?' (Cincinnati: Thomson Executive Press, 1996), 83. Rather than simply laying out the legal doctrine in a particular area of study, a casebook contains excerpts from legal cases in which the law of that area was applied. It is then up to the student to analyze the language of the case in order to determine what rule was applied and how the court applied it. Casebooks sometimes also contain excerpts from law review articles and legal treatises, historical notes, editorial commentary, and other related materials to provide background for the cases. The teaching style based on casebooks is known as the casebook method and is supposed to instill in law students how to "think like a lawyer." The casebook method is most often used in law schools in countries with common law legal systems, where case law is a major source of law. Mo ...
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Casebook Method
The casebook method, similar to but not exactly the same as the case method, is the primary method of teaching law in law schools in the United States. It was pioneered at Harvard Law School by Christopher Columbus Langdell. It is based on the principle that rather than studying highly abstract summaries of legal rules (the technique used in most countries), the best way to learn American law is to read the actual judicial opinions which become the law under the rule of ''stare decisis'' (due to its Anglo-American common law origin). History and technique To set up the casebook method of law study, American law professors traditionally collect the most illustrative cases concerning a particular area of the law in special textbooks called casebooks. Some professors heavily edit cases down to the most important paragraphs, while deleting nearly all citations and paraphrasing everything else; a few present all cases in full, and most others are in between. One common technique i ...
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Legal Treatise
A legal treatise is a scholarly legal publication containing all the law relating to a particular area, such as criminal law or trusts and estates. There is no fixed usage on what books qualify as a "legal treatise", with the term being used broadly to define books written for practicing attorneys and judges, textbooks for law students, and explanatory texts for laypersons. The treatise may generally be loose leaf bound with rings or posts so that updates to laws covered by the treatise and annotated by the editor may be added by the subscriber to the legal treatise. Legal treatises are secondary authority, and can serve as a useful starting point for legal research, particularly when the researcher lacks familiarity with a particular area of law. Lawyers commonly use legal treatises in order to review the law and update their knowledge of pertinent primary authority namely, case law, statutes, and administrative regulations. In law schools, treatises are sometimes ...
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Foundation Press
West (also known by its original name, West Publishing) is a business owned by Thomson Reuters that publishes legal, business, and regulatory information in print, and on electronic services such as Westlaw. Since the late 19th century, West has been one of the most prominent publishers of legal materials in the United States. Its headquarters is in Eagan, Minnesota; it also had an office in Rochester, New York, until it closed in 2019, and it had an office in Cleveland, Ohio, until it closed in 2010. Organizationally, West is part of the global legal division of Thomson Reuters. History West Publishing was founded by John Briggs West. In 1872, he went into business for himself as "John B. West, Publisher and Book Seller", reprinting legal treatises, publishing legal forms, and producing a much-appreciated index to the Minnesota statutes. He even arranged for a Swedish-language version of the state's rules of practice, for the state's many Scandinavian-born lawyers and judges ...
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Sourcebook
A sourcebook is a collection of writings on a subject that is intended to be a basic introduction to the topic presented. Academic use In American universities, a sourcebook, either a standard one or a custom collection, may function as a supplement or replacement for a textbook. In American law schools, casebooks are similar to sourcebooks, offering selections of legal cases and commentary, forming the basis for analysis and discussion. Games In games, a ''sourcebook'' is a publication intended to supplement the core materials of a gaming product. Sourcebooks are most commonly used to complement role-playing games and some tabletop or wargaming series, and often contain optional rules, scenarios, or other materials that players can use to extend or enhance the central game. The term tends to refer to an overall expansion, while the related splatbook focuses on a specific fictional aspect of the game in depth. Popular gaming series with many sourcebooks include: * ''GURPS'' ...
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Lawyer
A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solicitor, legal executive, or public servant — with each role having different functions and privileges. Working as a lawyer generally involves the practical application of abstract legal theories and knowledge to solve specific problems. Some lawyers also work primarily in advancing the interests of the law and legal profession. Terminology Different legal jurisdictions have different requirements in the determination of who is recognized as being a lawyer. As a result, the meaning of the term "lawyer" may vary from place to place. Some jurisdictions have two types of lawyers, barrister and solicitors, while others fuse the two. A barrister (also known as an advocate or counselor in some jurisdictions) is a lawyer who typically special ...
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Hornbook (law)
In United States legal education, hornbooks are one-volume legal treatises, written primarily for law students on subjects typically covered by law school courses. Hornbooks summarize and explain the law in a specific area. They are distinct from casebooks, which are collections of cases (or parts of cases) chosen to help illustrate and stimulate discussion about legal issues. The term derives from the hornbook, an early children's educational tool, implying that the material is basic. A hornbook law is a basic, settled legal principle (see black letter law). See also * ''Black's Law Dictionary'' * ''Bouvier's Law Dictionary'' * Law dictionary * Legal terminology textbook * List of legal abbreviations * Wex Wex is a collaboratively-edited legal dictionary and encyclopaedia, intended for broad use by "practically everyone, even law students and lawyers entering new areas of law". It is sponsored and hosted by the Legal Information Institute ("LII ... References {{refli ...
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Aspen Publishing
Wolters Kluwer N.V. () is a Dutch information services company. The company is headquartered in Alphen aan den Rijn, Netherlands (Global) and Philadelphia, United States (corporate). Wolters Kluwer in its current form was founded in 1987 with a merger between Kluwer Publishers and Wolters Samsom. The company serves legal, business, tax, accounting, finance, audit, risk, compliance, and healthcare markets. It operates in over 150 countries. History Early history Jan-Berend Wolters founded the Schoolbook publishing house in Groningen, Netherlands, in 1836. In 1858, the Noordhoff publishing house was founded alongside the Schoolbook publishing house. The two publishing houses merged in 1968. Wolters-Noordhoff merged with Information and Communications Union (ICU) in 1972 and took the name ICU. ICU changed its name to Wolters-Samsom in 1983. The company began serving foreign law firms and multinational companies in China in 1985. In 1987, Elsevier, the largest publishing house in the ...
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Textbook
A textbook is a book containing a comprehensive compilation of content in a branch of study with the intention of explaining it. Textbooks are produced to meet the needs of educators, usually at educational institutions. Schoolbooks are textbooks and other books used in schools. Today, many textbooks are published in both print and digital formats. History The history of textbooks dates back to ancient civilizations. For example, Ancient Greeks wrote educational texts. The modern textbook has its roots in the mass production made possible by the printing press. Johannes Gutenberg himself may have printed editions of ''Ars Minor'', a schoolbook on Latin grammar by Aelius Donatus. Early textbooks were used by tutors and teachers (e.g. alphabet books), as well as by individuals who taught themselves. The Greek philosopher Socrates lamented the loss of knowledge because the media of transmission were changing. Before the invention of the Greek alphabet 2,500 years ago, knowledge ...
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Legal Literature
A law book is a book about law. It is possible to make a distinction between "law books" on the one hand, and "books about law" on the other. This distinction is "useful". A law book is "a work of legal doctrine". It consists of "law talk", that is to say, propositions of law. "The first duty of a law book is to state the law ''as it is'', truly and accurately, and then the reason or principle for it as far as it is known". The "first requisite in a law-book is perfect accuracy". A "law book is supposed to state what the law is rather than what it is not". "One great desideratum in a law book is facility of reference". A "list of law books and related materials" is a legal bibliography. See also * Legal treatise * Law dictionary References Further reading * Lawrence M Friedman and Stewart Macaulay (editors). ''Law and the Behavioural Sciences''. Second Edition. Bobbs-Merill. 1977. Pages 21 to 26. * Twining, William. ''Blackstone's Tower: The English Law School''. The Hamlyn ...
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Legal Research
Legal research is "the process of identifying and retrieving information necessary to support legal decision-making. In its broadest sense, legal research includes each step of a course of action that begins with an analysis of the facts of a problem and concludes with the application and communication of the results of the investigation." The processes of legal research vary according to the country and the legal system involved. Legal research involves tasks such as: # Finding primary sources of law, or primary authority, in a given jurisdiction ( cases, statutes, regulations, etc.). # Searching secondary authority, for background information about a legal topics. Secondary authorities can come in many forms (for example, law reviews, legal dictionaries, legal treatises, and legal encyclopedias such as American Jurisprudence and Corpus Juris Secundum). # Searching non-legal sources for investigative or supporting information. Legal research is performed by anyone with a ...
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Black Letter Law
In common law legal systems, black letter laws are the well-established legal rules that are no longer subject to reasonable dispute. Some examples are the "black-letter law" that the formation of a contract requires consideration, or the "black-letter law" that the registration of a trademark requires established use in the course of trade. Black-letter law can be contrasted with legal theory or unsettled legal issues. History and etymology In an 1831 case in the U.S. Supreme Court, ''Jackson ex dem. Bradstreet v. Huntington'', the phrase "black letter" was used: "It is seldom that a case in our time savours so much of the black letter; but the course of decisions in New York renders it unavoidable...".''Jackson ex dem. Bradstreet v. Huntington'', 30 U.S. 402, 434 (1831). The phrase "black-letter law" was used in the Pennsylvania Supreme Court case ''Naglee v. Ingersoll,'' 7 Pa. 185 (1847). The phrase does not come from association with Black's Law Dictionary, which was first p ...
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Brief (law)
A brief (Old French from Latin "''brevis''", short) is a written legal document used in various legal adversarial systems that is presented to a court arguing why one party to a particular case should prevail. In England and Wales (and other Commonwealth countries, e.g., Australia) the phrase refers to the papers given to a barrister when they are instructed. Language :Pre-Trial briefs are exchanged between parties at a date set during the pre-trial conference to argue matters under consideration before trial.Federal Rules of Civil Procedure 16(C)(2) :Trial briefs are presented at trial to resolve a disputed point of evidence. :Legal briefs are used as part of arguing a pre-trial motion in a case or proceeding. :: Merit briefs (or briefs on the merits) refers to briefs on the inherent rights and wrongs of a case, absent any emotional or technical biases :: Amicus briefs refer to briefs filed by persons not directly party to the case. These are often groups that have a direct in ...
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