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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. 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
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.
sequence of citations
correct citation of Statutes at Large
South Eastern Reporter (S.E. or S.E.2d)
2. Rule of law for which the case is cited as precedent; it is the legal effect of the facts of the case
star paging
session laws
holding
en banc
3. The West key number system
primary authority
court opinion
most correct definition of star paging
C.J.S uses...
4. Summarize judicial opinions
U.S. Reports contains
digests typically
United States Reports is cited as
components of a standard case citation
5. U.S. Const. art. IV - A 2 - cl. 3.
official publication of law
correct citation of a Constitutional article
components of a legal encyclopedia citation
American Jurisprudence - Second Series (Am. Jur. 2d)
6. Statutory law
incorrect citation of a law review article
U.S. Reports contains
advance sheets
Executive orders are...
7. Unofficial U.S. Supreme Court case reporter published by Lawyers Co-op
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8. Govern the form and procedure for appeals from the U.S. District Court to the Court of Appeals within the federal system
United States Supreme Court Reports - Lawyers' Edition is cited as
correct legal encyclopedia citation
Federal Rules of Appellate Procedure
headnote or syllabus
9. Ritches Jr. v. Li - 665 F. Supp. 139 (E.D.Pa. 1991).
Federal Rules of Criminal Procedure
incorrect case citation
United States District Courts case reporters
Executive orders are...
10. A single-volume text written by a legal scholar in a given topic area
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.
see - e.g.
The Federal Register - The Code of Federal Regulations - The United States Code are...
treatise
11. An unofficial publication of law that is known for its extensive use of annotations
To determine whether a particular statute has been ruled unconstitutional by a court - one may use...
dissenting opinion
components of Statutes at Large citation
Lawyers Cooperative Publishing Company (Lawyers Co-op)
12. 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 Courts of Appeals case reporters
digests typically
de novo on record
National Reporter System
13. 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 Code (U.S.C.)
see generally
components of United States Code citation
parallel citations generally are not provided for federal cases
14. Name of the appellant
C.J.S uses...
South Western Reporter (S.W. or S.W.2d)
correct citation of a Constitutional amendment
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.
15. Official case reporter for the U.S. Supreme Court
_______________ are published in the Statutes at Large.
the principles stated in opinions of judges - to be followed in future cases - are called
components of a legal encyclopedia citation
United States Reports
16. Contains recent decisions of the United States Supreme Court
Federal rules and procedures are...
U.S. Law Week
slip opinion
United States Reports
17. Avery v. Exxon Co. - 397 U.S. 812 (1991).
correct standard case citation
Statutes at Large is
indexes typically
An annotation is
18. 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 a standard case citation
opinion
United States Supreme Court Reports - Lawyers' Edition
components of law review citation
19. Obiter dictum- comments of the court about minor issues or concerns other than the specific holding - rationale - and decision. Never cited as precedent
American Law Reports
Shepard's Citations
dicta
procedural law
20. Iowa - Michigan - Minnesota - Nebraska - North Dakota - South Dakota - and Wisconsin
If a researcher wants to check the current status of a case - he or she should use...
North Western Reporter (N.W. or N.W.2d)
stare decisis
Before 1924 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in
21. F.Supp
North Western Reporter (N.W. or N.W.2d)
the reporter in which federal trial court opinions are contained
_______________ are published in the Statutes at Large.
headnote or syllabus
22. The date upon which the decision was rendered
constitutional law
date of decision
The primary finding tool for statutory law - either state or federal - is...
United States Supreme Court Reports - Lawyers' Edition is cited as
23. Court's explanation; includes the holding - rationale - and dicta
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.
_______ are compilations of case law for a particular reporter or a particular group of reporters.
opinion
24. If the same case is published in another case reporter - the volume and page number of that reporter is shown
parallel citation
The record of a court case includes
Code of Federal Regulations (C.F.R.)
caption
25. The most comprehensive collection of legal citators.
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26. Federal Cases
rules of procedure - local court rules - executive orders - administrative regulations: all represent...
Pacific Reporter (P. or P.2d)
on the record
Before 1924 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in
27. But they are required for home state cases when parallel citations exist
Statutes at Large (Stat.)
___________ is an official publication that includes all laws enacted by Congress.
correct Code of Federal Regulations citation
parallel citations generally are not provided for federal cases
28. Official publication
rules of procedure - local court rules - executive orders - administrative regulations: all represent...
The Federal Register - The Code of Federal Regulations - The United States Code are...
U.S. Law Week
National Reporter System
29. How civil actions are handled - including rules that cover the complaint - summons - answer - discovery process - trial - and post-trial procedures
Federal Rules of Civil Procedure
Case law concerning federal rules of procedure is collected in
on the record
restatements of law
30. Precedent
memorandum opinion
The American Digest System is sometimes called the ____________ and uses the key number system.
the principles stated in opinions of judges - to be followed in future cases - are called
de novo
31. Summarize statute topics
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
American Law Reports
digests typically
Digests summarize judicial decisions - while indexes...
32. (primary law - secondary law - encyclopedia - or other) issued by a private - non-government publisher.
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.
An unofficial publication is any publication
United States Supreme Court Bulletin
holding
33. Infra
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34. The entire court participates rather than the permissible quorum. This does not mean that the entire court agrees on the outcome - however.
Secondary authorities are those that contain a general commentary on or...
en banc
to update the status of a particular case
majority opinion
35. Sometimes called adjective law - it prescribes the manner in which substantive laws must be enforced.
United States Code is
components of a Code of Federal Regulations citation
procedural law
decision
36. Brief summary of facts of case - including its procedural posture
components of a Code of Federal Regulations citation
court opinion
to update the status of a particular case
statement of facts
37. Unofficial U.S. Supreme Court case reporter published by West
Supreme Court Reporter
components of a Federal Register citation
separation of powers
United States Supreme Court Reports - Lawyers' Edition is cited as
38. Statutory law
Federal rules and procedures are...
North Eastern Reporter (N.E. or N.E.2d)
Cases decided by the U.S. Court of International Trade ( formerly the U.S. Customs Court) are _______________ in the Federal Supplement.
precedent
39. Secondary authority
United States Supreme Court Bulletin
restatement of law - encyclopedia - law review article - treatise: all represent...
slip law
West Publishing Company (West)
40. Headnotes in the American Digest System are cataloged in this manner: Thing - Action - Relief - Parties
key number system
If a researcher wants to check the current status of a case - he or she should use...
United States Supreme Court Bulletin
TARP method
41. 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
majority opinion
de novo on record
correct Code of Federal Regulations citation
Secondary authorities are those that contain a general commentary on or...
42. A syllabus of the court
correct citation of United States Code
annotations
U.S. Reports contains
rationale
43. An unofficial publication of law that uses the key number system to aid the researcher
West Publishing Company (West)
The Federal Register - The Code of Federal Regulations - The United States Code are...
These represent secondary authority
National Reporter System
44. The cited authority directly supports the proposition; other authorities also could have been cited but were not cited to avoid duplication
see - e.g.
substantive law
statutory law
United States Reports
45. Georgia - North Carolina - South Carolina - Virginia - and West Virginia
correct standard case citation
United States Supreme Court Reports - Lawyers' Edition is cited as
correct A.L.R. citation
South Eastern Reporter (S.E. or S.E.2d)
46. Published by the American Law Institute - it collects and distills the primary - general rules in a given legal topic area- what the rules are and sometime what the committee believes they ought to be. It also provides explanations of the rules and g
_______ are compilations of case law for a particular reporter or a particular group of reporters.
Executive orders are...
restatements of law
dissenting opinion
47. Type of law consisting of legislative enactments called statutes at federal level and ordinances at state levels.
statutory law
see generally
dissenting opinion
United States Supreme Court Reports - Lawyers' Edition is cited as
48. 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
Southern Reporter (So. or So.2d)
Corpus Juris Secundum (C.J.S.)
annotations
majority opinion
49. Summarized statute topics
indexes typically
United States Supreme Court Reports - Lawyers' Edition is cited as
U.S. Reports contains
incorrect case citation
50. Ballantine's Law Dictionary 41 (3rd ed. 1969).
Shepard's Citations
incorrect legal dictionary citation
restatements of law
holding