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Test your basic knowledge |
Legal Research
Start Test
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. Brief summary of a legal rule discussed in the opinion; headnotes are numbered. key numbers are used in West publications
opinion
the signal infra
headnote or syllabus
cf.
2. Federal Cases
caption
Before 1924 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in
parallel citations generally are not provided for federal cases
components of United States Code citation
3. 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
United States Law Week (U.S.L.W)
U.S. Reports contains
Lawyers Cooperative Publishing Company (Lawyers Co-op)
4. Sometimes called adjective law - it prescribes the manner in which substantive laws must be enforced.
Code of Federal Regulations (C.F.R.)
West Publishing Company (West)
Federal rules and procedures are...
procedural law
5. Decennial Digest
United States Courts of Appeals case reporters
Federal Register (Fed. Reg.)
North Eastern Reporter (N.E. or N.E.2d)
The American Digest System is sometimes called the ____________ and uses the key number system.
6. 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
court decision
see generally
the principles stated in opinions of judges - to be followed in future cases - are called
components of a Code of Federal Regulations citation
7. All slip laws enacted during a legislative session that are arranged in chronological order according to date of enactment
If a researcher wants to check the current status of a case - he or she should use...
Shepard's Citations
session laws
Federal session laws may be found in...
8. An index
West Publishing Company (West)
elements of a reported case
The primary finding tool for statutory law - either state or federal - is...
constitutional law
9. 1. full name of author 2. designation of type of article (required only if written by student); 3. title of article (italicized or underscored) 4. volume number of law review 5. abbreviated name of law review 6. page number where article begins; and
components of law review citation
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
correct Code of Federal Regulations citation
rationale
10. Freedom of Information Act - 46 U.S.C. A 89 (1973).
de novo
North Eastern Reporter (N.E. or N.E.2d)
incorrect United States Code citation
The National Reporter System and the American Digest System are...
11. Decisions concerning federal rules of procedure
F.R.D. contains...
when a case has been affirmed - reversed or modified on appeal
treatise
statement of facts
12. A syllabus of the court
if a researcher knows the date when a federal statute was adopted the
U.S. Reports contains
Federal Register (Fed. Reg.)
the reporter in which federal trial court opinions are contained
13. Federal Supplement (F. Supp.) - Federal Reporter - Second Series (F.2d) - Federal Reporter (F.) - Federal Cases (F. Cas.) - all unofficial and all published by West
indexes typically
United States Code Annotated (U.S.C.A.)
United States District Courts case reporters
elements of a reported case
14. Statutory law
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.
U.S. Law Week
Executive orders are...
The _______________ contains either a separate section or a separate volume devoted to a table of cases and a descriptive word index.
15. L.Ed or L.Ed.2d
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16. The court's explanatory comments - which can included the holding - the rationale for the holding - and dicta
United States Courts of Appeals case reporters
court opinion
United States Supreme Court Bulletin
separation of powers
17. What federal session laws are codified and published in
primary authority
Statutes are published as session laws...
United States Code (U.S.C.)
star paging
18. Persuasive legal authority that consists of law from other jurisdictions - legal encyclopedias - American Law Reports - restatements of law - dictionaries - treatises and periodicals
sequence of citations
secondary authority
Digests summarize judicial decisions - while indexes...
the reporter in which federal trial court opinions are contained
19. Identifies the court issuing the opinion - the parties - and the docket number assigned to the case
see generally
caption
bill
These represent secondary authority
20. Alabama - Florida - Louisiana - and Mississippi
Code of Federal Regulations (C.F.R.)
correct law review citation
The American Digest System indexes and classifies all case law - both...
Southern Reporter (So. or So.2d)
21. Connecticut - Delaware - D.C. (Court of Appeals) - Maine - Maryland - New Hampshire - New Jersey - Pennsylvania - Rhode Island - and Vermont
Atlantic Reporter (A. or A.2d)
The American Digest System indexes and classifies all case law - both...
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
22. 15 U.S.C. A 7 (1988).
The National Reporter System divides the country into _____ regions.
legal encyclopedias
correct citation of United States Code
correct Federal Register citation
23. Legal encyclopedia published by West
components of United States Code citation
components of a legal encyclopedia citation
Corpus Juris Secundum (C.J.S.)
annotations
24. A prior case within a particular jurisdiction that has 1. facts and legal issues substantially similar to the facts of the case before the court and 2. it was decided by a majority decision of a higher court of that jurisdiction and 3. the case was r
precedent
the principles stated in opinions of judges - to be followed in future cases - are called
per curiam opinion
United States Supreme Court Reports - Lawyers' Edition
25. But they are required for home state cases when parallel citations exist
U.S. Reports contains
treatise
F.R.D. contains...
parallel citations generally are not provided for federal cases
26. Case law - or judicial opinion - that articulates common law principles
elements of a reported case
common law
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.
Statutes are published as slip laws before they are published...
27. The Federal Reporter
precedent
stare decisis
Atlantic Reporter (A. or A.2d)
Until 1932 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in...
28. As session laws
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.
incorrect citation of a law review article
headnote or syllabus
Statutes are published as slip laws before they are published...
29. Published by West
Lawyers Cooperative Publishing Company (Lawyers Co-op)
A Decennial Digest is part of the..
The Federal Register - The Code of Federal Regulations - The United States Code are...
United States Code Annotated (U.S.C.A.)
30. Iowa - Michigan - Minnesota - Nebraska - North Dakota - South Dakota - and Wisconsin
procedural law
North Western Reporter (N.W. or N.W.2d)
Pacific Reporter (P. or P.2d)
The American Digest System is sometimes called the ____________ and uses the key number system.
31. Ritches Jr. v. Li - 665 F. Supp. 139 (E.D.Pa. 1991).
statement of facts
correct Federal Register citation
incorrect case citation
restatement of law - encyclopedia - law review article - treatise: all represent...
32. An explanatory note
An annotation is
The American Digest System indexes and classifies all case law - both...
contra
to update the status of a particular case
33. If the same case is published in another case reporter - the volume and page number of that reporter is shown
indexes typically
U.S. Law Week
parallel citation
Federal Rules of Criminal Procedure
34. An unofficial publication of law that uses the key number system to aid the researcher
U.S. Law Week
to update the status of a particular statute
United States Reports is cited as
West Publishing Company (West)
35. Shepard's Citators
If a researcher wants to check the current status of a case - he or she should use...
_____________ is an official publication
South Eastern Reporter (S.E. or S.E.2d)
to update the status of a particular case
36. Often provide case citations upon which a definition is based. A couple of them are Black's Law _____ and Ballantine's Law _____.
the signal infra
statutory law
key number system
legal dictionaries
37. Brief summary of facts of case - including its procedural posture
C.J.S uses...
correct A.L.R. citation
correct Federal Register citation
statement of facts
38. Ratio decidendi- court's reasoning or basis for it sholding and decision
U.S. Supreme court case reporters
rationale
digests typically
Until 1932 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in...
39. The most comprehensive collection of legal citators.
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40. Law that establishes and defines the basic rights and duties that govern a society. It consists of constitutions - legislative enactments - common law - and certain executive actions.
headnote or syllabus
substantive law
Supreme Court Reporter is cited as
TARP method
41. Typical case reporter
Supreme Court Reporter is cited as
United States Reports is cited as
The _______________ contains either a separate section or a separate volume devoted to a table of cases and a descriptive word index.
separation of powers
42. 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
sequence of citations
concurring opinion
Lawyers-Cooperative Publishing Co.
The signal '_____' 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.
43. Primary authority
American Law Reports
statutory law
rules of procedure - local court rules - executive orders - administrative regulations: all represent...
American Jurisprudence is a...
44. Legal encyclopedia published by Lawyers Co-op
Southern Reporter (So. or So.2d)
Supreme Court Reporter is cited as
Atlantic Reporter (A. or A.2d)
American Jurisprudence - Second Series (Am. Jur. 2d)
45. 48 Fed. Reg. 37 -315 (1983).
decision
precedent
correct Federal Register citation
per curiam opinion
46. 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
F.R.D. contains...
components of a Federal Register citation
correct A.L.R. citation
the signal infra
47. At the close of each legislative term
dissenting opinion
Statutes are published as session laws...
reporter of Supreme Court decisions that contains summaries of the briefs of counsel
bill
48. The court's ruling or disposition of the case (whether affirmed - reversed - remanded - or dismissed)
Statutes at Large is
opinion
court decision
precedent
49. Anew on the record - the appellate court must base its decision on the record (no new testimony can be received) but may reach an independent factual finding if the facts from the trial court are 'clearly erroneous' based on the record as a whole
United States Code Annotated (U.S.C.A.)
correct citation of Statutes at Large
de novo on record
Federal rules and procedures are...
50. Health Care Act - Pub. L. 92-117 - 83 Stat. 624 (1987).
correct citation of Statutes at Large
en banc
slip law
cf.