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Test your basic knowledge |
Legal Research
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Study First
Subject
:
law
Instructions:
Answer 50 questions in 15 minutes.
If you are not ready to take this test, you can
study here
.
Match each statement with the correct term.
Don't refresh. All questions and answers are randomly picked and ordered every time you load a test.
This is a study tool. The 3 wrong answers for each question are randomly chosen from answers to other questions. So, you might find at times the answers obvious, but you will see it re-enforces your understanding as you take the test each time.
1. Case law
incorrect legal dictionary citation
secondary authority
A decision of an administrative agency is classified as...
United States Code (U.S.C.)
2. A syllabus of the court
Atlantic Reporter (A. or A.2d)
U.S. Reports contains
rationale
United States Code (U.S.C.)
3. Shepard's Citations - statute edition
Before 1924 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in
concurring opinion
To determine whether a particular statute has been ruled unconstitutional by a court - one may use...
F.R.D. contains...
4. 1. the title (chapter) number 2. abbreviation for the Code of Federal Regulation 3. section number symbol and the section number; and 4. year of publication
A decision of an administrative agency is classified as...
components of a legal encyclopedia citation
components of a Code of Federal Regulations citation
reporter of Supreme Court decisions that contains summaries of the briefs of counsel
5. Govern the types of evidence that are admissible in criminal and civil trials and - in some situations - the manner in which the evidence can be presented during trial
Lawyers Cooperative Publishing Company (Lawyers Co-op)
Federal session laws may be found in...
Federal Rules of Evidence
Federal Rules of Criminal Procedure
6. When an official body authorizes and directs the collection and publication of law
American Law Reports
official publication of law
North Eastern Reporter (N.E. or N.E.2d)
components of a Code of Federal Regulations citation
7. Anew - from the beginning - the case is tried in the appellate court as if it had not been tried previously - and witness are allowed to testify.
de novo
The National Reporter System divides the country into _____ regions.
Federal rules and procedures are...
United States Reports is cited as
8. Case reports - published by West - that divides the United States into seven geographical regions and reports the decisions of the highest appellate court of each state within that region.
United States Supreme Court Reports - Lawyers' Edition is cited as
Digests summarize judicial decisions - while indexes...
National Reporter System
The primary finding tool for statutory law - either state or federal - is...
9. Secondary authority that is leading annotated law reporter published by Lawyers Co-op. Distinguishing feature not the cases that it reports - but the extensive editorial commentary that follows each reported case
correct Federal Register citation
United States Supreme Court Reports - Lawyers' Edition is cited as
American Law Reports
statement of facts
10. The West key number system
C.J.S uses...
Cases decided by the U.S. Court of International Trade ( formerly the U.S. Customs Court) are _______________ in the Federal Supplement.
To determine whether a particular statute has been ruled unconstitutional by a court - one may use...
The Federal Register - The Code of Federal Regulations - The United States Code are...
11. Case law - or judicial opinion - that articulates common law principles
see - e.g.
United States Code Annotated (U.S.C.A.)
common law
The National Reporter System divides the country into _____ regions.
12. Typical case reporter
most correct definition of star paging
treatise
majority opinion
The _______________ contains either a separate section or a separate volume devoted to a table of cases and a descriptive word index.
13. When a federal case first decides a case. a single opinion of the court issued without headnotes and without indexing.
slip opinion
The primary finding tool for statutory law - either state or federal - is...
These represent secondary authority
statutory law
14. Court's explanation; includes the holding - rationale - and dicta
correct Federal Register citation
United States Reports is cited as
Federal Rules of Appellate Procedure
opinion
15. Opinion issued by one or more judges of the appellate court which agrees with the result reached by the majority but disagrees with the reasoning of the majority opinion. There can be more than one.
components of Statutes at Large citation
caption
concurring opinion
correct A.L.R. citation
16. Govern the form and procedure for appeals from the U.S. District Court to the Court of Appeals within the federal system
dicta
Federal Rules of Appellate Procedure
An unofficial publication is any publication
separation of powers
17. Reported selectively
dicta
Cases decided by the U.S. Court of International Trade ( formerly the U.S. Customs Court) are _______________ in the Federal Supplement.
The American Digest System indexes and classifies all case law - both...
The primary finding tool for statutory law - either state or federal - is...
18. Ritches Jr. v. Li - 665 F. Supp. 139 (E.D.Pa. 1991).
to update the status of a particular case
memorandum opinion
incorrect case citation
The American Digest System indexes and classifies all case law - both...
19. Virginia Koerselman - Comment - Worker's Compensation - 15 Creighton L. Rev. 415 (1981).
correct law review citation
sequence of citations
the principles stated in opinions of judges - to be followed in future cases - are called
court decision
20. 1. volume number of Fed. Reg. 2. abbreviation for Federal Register 3. page number where administrative rule begins; and 4. year of publication
incorrect United States Code citation
Federal Rules of Criminal Procedure
components of a Federal Register citation
precedent
21. 88 C.J.S. Trial A 107 (1980).
correct legal encyclopedia citation
_______ are compilations of case law for a particular reporter or a particular group of reporters.
official publication of law
components of a standard case citation
22. 1. number of the Code title 2. abbreviation for the United States Code 3. section symbol - followed by the number of the Code section; and 4. date of the Code volume in which the most recent version of the section can be found
United States Law Week (U.S.L.W)
_______________ are published in the Statutes at Large.
elements of a reported case
components of United States Code citation
23. Primary authority
if a researcher knows the date when a federal statute was adopted the
statutory law
rules of procedure - local court rules - executive orders - administrative regulations: all represent...
TARP method
24. The publication where rules and regulations of administrative agencies are codified
dicta
secondary authority
Code of Federal Regulations (C.F.R.)
A decision of an administrative agency is classified as...
25. Statutes at Large
Federal session laws may be found in...
see - e.g.
Lawyers Cooperative Publishing Company (Lawyers Co-op)
the signal infra
26. The appellate court reviews the record for prejudicial legal errors committed in the trial court but gives great deference to the findings of fact; factual findings are generally reversed only when they are 'arbitrary or capricious'
on the record
correct Federal Register citation
The primary finding tool for statutory law - either state or federal - is...
correct A.L.R. citation
27. Is used in the first 50 volumes of the United States Reports plus all unofficial reporters of Supreme Court decisions
correct Federal Register citation
United States Supreme Court Reports - Lawyers' Edition is cited as
session laws
star paging
28. The subsequent history of the cited case must be included in the citation
Secondary authorities are those that contain a general commentary on or...
rules of procedure - local court rules - executive orders - administrative regulations: all represent...
when a case has been affirmed - reversed or modified on appeal
Atlantic Reporter (A. or A.2d)
29. An explanatory note
An annotation is
incorrect case citation
restatement of law - encyclopedia - law review article - treatise: all represent...
In a petition for writ of certiorari to the United States Supreme Court - the _______________ appears first in the case caption - regardless of how the caption may have been shown in the lower courts.
30. Health Care Act - Pub. L. 92-117 - 83 Stat. 624 (1987).
a secondary authority which is not the law itself but is - rather - a persuasive presentation by legal scholars of what the law is or what it should be in a particular topic are
Cases decided by the U.S. Court of International Trade ( formerly the U.S. Customs Court) are _______________ in the Federal Supplement.
correct citation of Statutes at Large
see generally
31. How civil actions are handled - including rules that cover the complaint - summons - answer - discovery process - trial - and post-trial procedures
_____________ is an official publication
court decision
concurring opinion
Federal Rules of Civil Procedure
32. Signal used to indicate page numbers in another reporter
correct citation of a Constitutional amendment
rules of procedure - local court rules - executive orders - administrative regulations: all represent...
United States Supreme Court Reports - Lawyers' Edition is cited as
most correct definition of star paging
33. Type of law consisting of legislative enactments called statutes at federal level and ordinances at state levels.
statutory law
When an appellate court reviews a case de novo on record - it...
cf.
rationale
34. Digest topic
Federal Register (Fed. Reg.)
A scope note tells a researcher coverage of a particular...
components of a Code of Federal Regulations citation
incorrect United States Code citation
35. The three branches of government that make up each legal system- legislative - judicial and executive
statutory law
separation of powers
indexes typically
Statutes are published as session laws...
36. Summarize judicial opinions
de novo on record
digests typically
legal dictionaries
the principles stated in opinions of judges - to be followed in future cases - are called
37. Ratio decidendi- court's reasoning or basis for it sholding and decision
United States District Courts case reporters
common law
parallel citation
rationale
38. Ballantine's Law Dictionary 41 (3rd ed. 1969).
correct Federal Register citation
incorrect legal dictionary citation
United States Reports is cited as
digests typically
39. The cited authority directly supports the proposition; other authorities also could have been cited but were not cited to avoid duplication
The signal '_____' is used in law review articles and other textual material (but not in legal memoranda and not in briefs) to indicate that the full citation for the case was given previously.
sequence of citations
Before 1924 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in
see - e.g.
40. Decennial Digest
key number system
The American Digest System is sometimes called the ____________ and uses the key number system.
primary authority
parallel citations generally are not provided for federal cases
41. 1. case name 2. case reporter in which the case is published (include volume number - abbreviation of case reporter - and page where case begins); 3. identity of court issuing the opinion 4. year in which the decision was issued; and 5. subsequent hi
statutory law
Lawyers Cooperative Publishing Company (Lawyers Co-op)
A Decennial Digest is part of the..
components of a standard case citation
42. Within the federal system - the chronologically published rules and regulations of administrative agencies
see generally
rules of procedure - local court rules - executive orders - administrative regulations: all represent...
correct A.L.R. citation
Federal Register (Fed. Reg.)
43. Legal encyclopedia published by Lawyers Co-op
American Jurisprudence - Second Series (Am. Jur. 2d)
Federal Rules of Appellate Procedure
Digests summarize judicial decisions - while indexes...
Federal Rules of Evidence
44. What federal session laws are codified and published in
United States Code (U.S.C.)
components of a standard case citation
F.R.D. contains...
The Federal Supplement contains only ________________ of federal district courts across the country.
45. An index
American Jurisprudence is a...
Pacific Reporter (P. or P.2d)
U.S. Reports contains
The primary finding tool for statutory law - either state or federal - is...
46. Compiled by topic
United States Code is
constitutional law
components of United States Code citation
session laws
47. Is used in legal memoranda and briefs to indicate the full citation for the case follows at a later point in the memorandum or brief
the signal infra
correct standard case citation
components of a Federal Register citation
indexes typically
48. 1. U.S. Constitutional provision and amendments 2. Federal statutes 3. Federal procedural rules 4. Federal cases (U.S. - F.3d - the F.Supp.) 5. State cases (official reporter - then regional reporter) 6. Federal administrative rules and regulations 7
United States Supreme Court Reports - Lawyers' Edition is cited as
F.R.D. contains...
sequence of citations
correct citation of a Constitutional amendment
49. The cited authority contradicts the proposition stated in the memorandum
The National Reporter System divides the country into _____ regions.
dissenting opinion
contra
The primary finding tool for statutory law - either state or federal - is...
50. Result or disposition of the case
cf.
decision
United States Law Week (U.S.L.W)
restatements of law
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