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Legal Research

Subject : law
Instructions:
  • Answer 50 questions in 15 minutes.
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  • Match each statement with the correct term.
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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. Precedent






2. Persuasive legal authority that consists of law from other jurisdictions - legal encyclopedias - American Law Reports - restatements of law - dictionaries - treatises and periodicals






3. Govern the form and procedure for appeals from the U.S. District Court to the Court of Appeals within the federal system






4. Advance sheet published weekly by the Bureau of National Affairs






5. Avery v. Exxon Co. - 397 U.S. 812 (1991).






6. The court's ruling or disposition of the case (whether affirmed - reversed - remanded - or dismissed)






7. Supra

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8. Explanation of the subject






9. The publication where rules and regulations of administrative agencies are codified






10. The court's explanatory comments - which can included the holding - the rationale for the holding - and dicta






11. 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'






12. Federal Reporter - Third Series (F.3d) - Federal Reporter - Second Series (F.2d) - Federal Reporter (F.) - Federal Cases (F. Cas.) - all unofficial and all published by West






13. Statutes at Large






14. Pleadings - transcript of trial testimony - and exhibits






15. The cited authority contradicts the proposition stated in the memorandum






16. A system where every topic and subtopic is assigned its own key number






17. An unofficial publication of law that uses the key number system to aid the researcher






18. Case law






19. Often provide case citations upon which a definition is based. A couple of them are Black's Law _____ and Ballantine's Law _____.






20. The subsequent history of the cited case must be included in the citation






21. S.Ct.






22. Opinion of the entire court (all judges who heard the case) - as opposed to an opinion written by a specific judge






23. 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






24. Primary authority






25. Obiter dictum- comments of the court about minor issues or concerns other than the specific holding - rationale - and decision. Never cited as precedent






26. A single-volume text written by a legal scholar in a given topic area






27. Opinion issued by the majority of the judges of the appellate court; the holding of this opinion may be cited as precedent if all other criteria are met. There is only one in a case






28. Shepard's Citations - statute edition






29. Extensive selected annotations






30. Reported selectively






31. The entire court participates rather than the permissible quorum. This does not mean that the entire court agrees on the outcome - however.






32. An unofficial publication of law that is known for its extensive use of annotations






33. (primary law - secondary law - encyclopedia - or other) issued by a private - non-government publisher.






34. 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






35. But they are required for home state cases when parallel citations exist






36. Alaska - Arizona - California - Colorado - Hawaii - Idaho - Kansas - Montana - Nevada - New Mexico - Oklahoma - Oregon - Utah - Washington - and Wyoming






37. 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






38. Compilations of cases and historical matter dealing with various aspects of a code of statute - which contain short summaries of other cases - both for and against






39. Statutes at Large






40. Unofficial U.S. Supreme Court case reporter published by Lawyers Co-op

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41. Iowa - Michigan - Minnesota - Nebraska - North Dakota - South Dakota - and Wisconsin






42. A publication of law that is not specifically authorized or sanctioned by an official body but - rather - is compiled by a private publisher i.e. West Publishing Company (West) and Lawyers Cooperative Publishing Company (Lawyers Co-op)






43. Decisions concerning federal rules of procedure






44. 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






45. Digests






46. Legal publisher noted for its extensive use of annotations.






47. Congressional Record will provide the most direct access to the text of the statute






48. Ratio decidendi- court's reasoning or basis for it sholding and decision






49. 15 U.S.C. A 7 (1988).






50. Caption - date of decision - parallel citations - headnote or syllabus - statement of facts - opinion - holding - rationale - dicta - decision







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