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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. Mandatory legal authority that consists of constitutions - statutes - case law - rules of procedure - rules of evidence - administrative rules - court rules - executive orders
Code of Federal Regulations (C.F.R.)
Federal Rules of Criminal Procedure
primary authority
de novo on record

2. Legal document that carries the most weight and embodies the government's authority to exist and serves as an outline for the exercise of governmental powers.
codified
United States District Courts case reporters
constitutional law
Federal Register (Fed. Reg.)

3. Congressional Record will provide the most direct access to the text of the statute
American Law Reports
restatement of law - encyclopedia - law review article - treatise: all represent...
if a researcher knows the date when a federal statute was adopted the
correct legal encyclopedia citation

4. 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
Before 1924 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in
holding
star paging

5. Published by West
American Law Reports
components of United States Code citation
see - e.g.
United States Code Annotated (U.S.C.A.)

6. 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
To determine whether a particular statute has been ruled unconstitutional by a court - one may use...
dissenting opinion
United States Courts of Appeals case reporters
correct A.L.R. citation

7. Federal Rules Decisions
A Decennial Digest is part of the..
the reporter in which federal trial court opinions are contained
_______ are compilations of case law for a particular reporter or a particular group of reporters.
Case law concerning federal rules of procedure is collected in

8. The cited authority presents helpful background information about the proposition
secondary authority
American Jurisprudence is a...
see generally
separation of powers

9. Federal Cases
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.
Before 1924 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in
components of a standard case citation
Federal session laws may be found in...

10. The process used to synthesize legal principles from all prior cases with similar facts and similar issues of law to arrive at a decision in a specific case
majority opinion
court opinion
stare decisis
An unofficial publication is any publication

11. What federal session laws are codified and published in
United States Code (U.S.C.)
legal dictionaries
C.J.S uses...
correct Federal Register citation

12. Case law
components of Statutes at Large citation
see generally
A decision of an administrative agency is classified as...
statutory law

13. 88 C.J.S. Trial A 107 (1980).
correct legal encyclopedia citation
incorrect citation of a law review article
the reporter in which federal trial court opinions are contained
the signal infra

14. Name of the appellant
American Law Reports
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.
Lawyers Cooperative Publishing Company (Lawyers Co-op)
per curiam opinion

15. Case law - or judicial opinion - that articulates common law principles
common law
Federal Rules of Civil Procedure
Before 1924 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in
Federal session laws may be found in...

16. 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
components of United States Code citation
see generally
South Eastern Reporter (S.E. or S.E.2d)

17. Products of West Legal Studies
components of and A.L.R. citation
Statutes at Large (Stat.)
The National Reporter System and the American Digest System are...
American Jurisprudence - Second Series (Am. Jur. 2d)

18. Federal Supplement (F. Supp.) - Federal Reporter - Second Series (F.2d) - Federal Reporter (F.) - Federal Cases (F. Cas.) - all unofficial and all published by West
The Federal Register - The Code of Federal Regulations - The United States Code are...
separation of powers
United States District Courts case reporters
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.

19. United States Reports
incorrect legal dictionary citation
components of United States Code citation
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.
_____________ is an official publication

20. Reported selectively
Cases decided by the U.S. Court of International Trade ( formerly the U.S. Customs Court) are _______________ in the Federal Supplement.
F.R.D. contains...
Case law concerning federal rules of procedure is collected in
An annotation is

21. Contains recent decisions of the United States Supreme Court
reporter of Supreme Court decisions that contains summaries of the briefs of counsel
digests typically
Code of Federal Regulations (C.F.R.)
U.S. Law Week

22. An unofficial publication of law that uses the key number system to aid the researcher
West Publishing Company (West)
legal encyclopedias
Federal Rules of Civil Procedure
holding

23. Selected decisions
cf.
The Federal Supplement contains only ________________ of federal district courts across the country.
These represent secondary authority
components of a standard case citation

24. Avery v. Exxon Co. - 397 U.S. 812 (1991).
correct standard case citation
most correct definition of star paging
Federal Rules of Criminal Procedure
Until 1932 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in...

25. Statutes at Large
___________ is an official publication that includes all laws enacted by Congress.
sequence of citations
legal dictionaries
Pacific Reporter (P. or P.2d)

26. Caption - date of decision - parallel citations - headnote or syllabus - statement of facts - opinion - holding - rationale - dicta - decision
components of United States Code citation
elements of a reported case
U.S. Reports contains
correct law review citation

27. F.Supp
the reporter in which federal trial court opinions are contained
restatements of law
Case law concerning federal rules of procedure is collected in
Cases decided by the U.S. Court of International Trade ( formerly the U.S. Customs Court) are _______________ in the Federal Supplement.

28. 1. volume number of encyclopedia 2. abbreviated name of encyclopedia 3. title of article (underscored or in italics) 4. section symbol and section number within the article; 5. specific page within section; and 6. date of publication
reporter of Supreme Court decisions that contains summaries of the briefs of counsel
contra
court opinion
components of a legal encyclopedia citation

29. 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
U.S. Supreme court case reporters
United States Supreme Court Bulletin
components of law review citation
United States Reports

30. 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
The American Digest System is sometimes called the ____________ and uses the key number system.
The _______________ contains either a separate section or a separate volume devoted to a table of cases and a descriptive word index.
constitutional law
annotations

31. State and federal
The official reporter of the U. S. Supreme Court is...
To determine whether a particular statute has been ruled unconstitutional by a court - one may use...
reporter of Supreme Court decisions that contains summaries of the briefs of counsel
The American Digest System indexes and classifies all case law - both...

32. Legal encyclopedia published by West
statutory law
de novo
Federal Rules of Civil Procedure
Corpus Juris Secundum (C.J.S.)

33. The court's ruling or disposition of the case (whether affirmed - reversed - remanded - or dismissed)
components of a Code of Federal Regulations citation
Atlantic Reporter (A. or A.2d)
Federal Rules of Appellate Procedure
court decision

34. But they are required for home state cases when parallel citations exist
parallel citation
parallel citations generally are not provided for federal cases
components of a standard case citation
slip law

35. Supplement volumes or pocket part supplements should be used
United States Reports is cited as
date of decision
to update the status of a particular statute
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

36. 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
majority opinion
A Decennial Digest is part of the..
contra
concurring opinion

37. Ritches Jr. v. Li - 665 F. Supp. 139 (E.D.Pa. 1991).
correct legal encyclopedia citation
incorrect case citation
parallel citations generally are not provided for federal cases
secondary authority

38. 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)
court decision
unofficial publication of law
legal encyclopedias
Digests summarize judicial decisions - while indexes...

39. The date upon which the decision was rendered
to update the status of a particular statute
American Jurisprudence is a...
common law
date of decision

40. Alabama - Florida - Louisiana - and Mississippi
The Federal Supplement contains only ________________ of federal district courts across the country.
Atlantic Reporter (A. or A.2d)
headnote or syllabus
Southern Reporter (So. or So.2d)

41. Opinion issued by one or more judges of the appellate court which disagrees with both the result and the reasoning of the majority opinion. There can be more than one
North Eastern Reporter (N.E. or N.E.2d)
F.R.D. contains...
Federal Rules of Civil Procedure
dissenting opinion

42. Georgia - North Carolina - South Carolina - Virginia - and West Virginia
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.
South Eastern Reporter (S.E. or S.E.2d)
components of a Federal Register citation
de novo

43. Govern the form and procedure for appeals from the U.S. District Court to the Court of Appeals within the federal system
The record of a court case includes
caption
Federal Rules of Appellate Procedure
correct legal encyclopedia citation

44. Digests
Federal Rules of Evidence
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.
_______ are compilations of case law for a particular reporter or a particular group of reporters.
Federal Register (Fed. Reg.)

45. Ballantine's Law Dictionary 41 (3rd ed. 1969).
Corpus Juris Secundum (C.J.S.)
correct citation of a Constitutional article
incorrect legal dictionary citation
Lawyers Cooperative Publishing Company (Lawyers Co-op)

46. Summarize statute topics
Digests summarize judicial decisions - while indexes...
components of a Code of Federal Regulations citation
The American Digest System is sometimes called the ____________ and uses the key number system.
see - e.g.

47. Encyclopedia
The Federal Supplement contains only ________________ of federal district courts across the country.
contra
American Jurisprudence is a...
concurring opinion

48. Sometimes called adjective law - it prescribes the manner in which substantive laws must be enforced.
correct citation of a Constitutional amendment
procedural law
memorandum opinion
Federal Rules of Appellate Procedure

49. Supra

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50. Opinion of the entire court (all judges who heard the case) - as opposed to an opinion written by a specific judge
The Federal Register - The Code of Federal Regulations - The United States Code are...
correct Code of Federal Regulations citation
per curiam opinion
Lawyers Cooperative Publishing Company (Lawyers Co-op)