Glossary

• Author: Arlene Blatt/JoAnn Kurtz
• Pages: 313-314

313

Glossary

advanced searc h template template containing pre -defined

fields that help to develop a Boo lean search

appeal histor y history of a case —for example, whether the

case has been confirmed or ove rturned on appeal and the name

of the highest court that revi ewed the decision

bills proposed statutes that are b efore Parliament or a provincial/

territorial legislature but have not yet b een passed

binding decis ion existing decision that a judge or master mu st

follow if the facts and /or issues in that case and in the case before

the court are sufficiently similar

binding law law that must be foll owed by a court

Boolean search method of searching that is bas ed on principles

of logic and that requires the use of key words together with

specific syntax

bylaw law made by a body (here, a municipal g overnment) that

is granted the power to do so by a legislature

case citator tool that update s a case and lists other cases that

have considered or mentioned the c ase

case digests summaries of how legal issue s were decided in

particular cases

CED Index separa te volume of the CED that contains the List of

Titles in the CED and the Index Key

chain of appeal path thro ugh the court system that an appeal

must follow in accordance with the st atutes governing the applic-

able courts

disposition decision-maker’s orders set o ut at the end of a case

dissenting opinion opinion written by an appeal court judge

who did not agree with the major ity opinion

enabling statut e statute that delegates the po wer to make

regulations

finding tools secondary sources that re fer you to primary sources

of law

framework legisla tion legislation that provides an ou tline of

the intended law and leaves the det ails to be worked out in the

regulations

General Index one of two finding tools used to lo cate digested

cases in the Canadian Abridgment Case Digests; locates the relevant

case digests by volum e number(s) and case digest numbers

headnote editor’s explanation of the case, app earing at the

head of the case

housekeeping provisions sect ions that cover the details of

statutes, such as the date of coming into force

index alphabetical, det ailed list of names, places, and subjects

discussed in a source and the pag es on which each entry appears

Index Key combines th e individual indexes from all the titles

and contains an alphabetical list o f keywords, together with exten-

sive cross-references with in and among subject titles in the CED

interlocutory orders or ders that relate to the process rather

than to the substance of the matter un der litigation

issue the specific pro blem that you must solve in order to pro-

vide a client with a solution to a pro blem posed by the entire fact

situation

issues specific problems that the judge o r adjudicator must re-

solve to reach a decision

judicially considered term describing a decision that has b een

discussed or interpreted by other co urts

Key and Research Gui de one of two finding tools u sed to lo-

cate digested cases in the C anadian Abridgment Case Digests;

uses the key classification s ystem

key classificatio n system multi-level classification s ystem used

in the hardcover and supplement volum es of the Canadian Abridg-

ment Case Digests

keywords words with whi ch researchers search online sources

for information stored randomly in databases

law of evidence sets out the mann er in which facts are intro-

duced and proved in a trial or a proceed ing

leave permission from the court

legislative history a citation to the previous rev ision of a pro-

vision followed by a citation to any st atute that amended the

provision; given at the end of each prov ision in a statute

lines of authorit y sets of cases that share the s ame or similar

viewpoint over a period of ti me

long title full, unab breviated title of a statute

majority opinion the opinion agreed upon by a ma jority of the

appeal court judges

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