Master of Laws (LLM) U.S. Legal System and Foundations of American Law Flashcards

24 sample cards from the U.S. Legal System and Foundations of American Law deck

Sampled from the end of the deck, so these are different cards from the ones shown on the syllabus page.

1. What is the Uniform Commercial Code (UCC)?

   A model code governing commercial transactions (e.g., sales of goods, negotiable instruments, secured transactions), drafted to harmonize state commercial law; it becomes law only when adopted by a state legislature.

2. Which UCC Article governs the sale of goods?

   Article 2 of the Uniform Commercial Code governs transactions in goods (movable, tangible personal property).

3. What is a model or uniform act, and what legal force does it have?

   A statute drafted by bodies like the Uniform Law Commission as a template; it has no legal force until a legislature enacts it, and states may adopt it with modifications.

4. What is the core difference between common law and civil law legal traditions?

   Common law is judge-made and built on case precedent (stare decisis); civil law is codified, with comprehensive statutory codes and judges applying the code rather than binding precedent.

5. In a civil law system, what is the role of judicial precedent compared to common law?

   In civil law systems, prior judgments are persuasive at most and not formally binding; the code is the primary source, unlike the binding precedent of common law.

6. What are the standard components of a case brief?

   Facts, procedural history, issue(s), holding, rule of law, reasoning (rationale), and disposition; some add concurrences/dissents.

7. What does the IRAC method stand for?

   Issue, Rule, Application (analysis), and Conclusion—a framework for structuring legal analysis.

8. What does the CREAC method stand for and how does it differ from IRAC?

   Conclusion, Rule, Explanation, Application, Conclusion; it adds an explicit rule-explanation step and bookends the analysis with conclusions, expanding on IRAC.

9. What are the typical anatomical parts of a statute to identify when parsing it?

   The operative/elements clause, defined terms, conditions or triggers, exceptions/provisos, and any cross-references or effective-date provisions.

10. When reading a regulation, what relationship must it have to its enabling statute?

    A regulation must fall within the authority delegated by its enabling statute; if it exceeds that authority (ultra vires) or conflicts with the statute, it is invalid.

11. What is the key difference between predictive (memo) and persuasive (brief) legal writing?

    A predictive office memo objectively analyzes the law to forecast a likely outcome for the reader; a persuasive brief advocates a position to convince a court to rule for the client.

12. What tone and stance distinguish a legal memo from an advocacy brief?

    A memo is neutral, balanced, and candid about weaknesses; a brief is argumentative, one-sided, and frames facts and law favorably to the client.

13. What is the Bluebook?

    The Bluebook: A Uniform System of Citation—the most widely used U.S. legal citation manual standardizing how cases, statutes, and other authorities are cited.

14. What are the basic components of a Bluebook case citation?

    Case name, volume number, reporter abbreviation, first page (and pincite), and the court and year in parentheses (e.g., Brown v. Board of Educ., 347 U.S. 483 (1954)).

15. In Bluebook citation, what is a pinpoint (pincite) reference?

    A citation to the specific page (or pages) within a source where the cited material appears, following the source's first page.

16. What is the goal of plain-language drafting in U.S. legal practice?

    To write clear, concise documents using everyday words, active voice, short sentences, and minimal legalese so the intended audience can readily understand them.

17. Name three plain-language drafting techniques.

    Use the active voice, prefer short sentences and common words, avoid redundant legal doublets/jargon, and use defined terms and clear structure (headings, lists).

18. What is the difference between primary and secondary legal sources?

    Primary sources are the law itself (constitutions, statutes, regulations, cases); secondary sources explain or analyze the law (treatises, law reviews, encyclopedias, restatements).

19. Why are secondary sources useful at the start of legal research?

    They provide background, summarize the law, and cite to relevant primary authority, helping a researcher quickly understand an unfamiliar area and find leading cases and statutes.

20. What are Westlaw and Lexis, and name a free legal database alternative.

    Westlaw and Lexis are the leading subscription legal research platforms; free alternatives include Google Scholar, Cornell's Legal Information Institute (LII), CourtListener, and govinfo.gov.

21. What does it mean to update or validate authority before relying on it?

    Checking that a case or statute is still good law—not overruled, reversed, repealed, or otherwise undermined—using a citator before citing it.

22. What are the citators on Westlaw and Lexis called?

    KeyCite on Westlaw and Shepard's on Lexis; both flag the treatment and validity of an authority (e.g., a red flag/stop signal indicates negative treatment).

23. What sources make up legislative history, and why research it?

    Bills, committee reports, hearings, floor debates, and prior versions; researchers use it to discern legislative intent and clarify ambiguous statutory language.

24. Where are federal agency materials such as regulations published?

    Proposed and final rules appear in the Federal Register; codified regulations are compiled in the Code of Federal Regulations (CFR).

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