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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. If the same case is published in another case reporter - the volume and page number of that reporter is shown
holding
American Jurisprudence - Second Series (Am. Jur. 2d)
South Western Reporter (S.W. or S.W.2d)
parallel citation
2. W. Weitz - Nocturnal Crimes - 20 Brooklyn L. Rev. 180 (1992).
incorrect citation of a law review article
United States Code Service (U.S.C.S.)
South Western Reporter (S.W. or S.W.2d)
_____________ is an official publication
3. Restatement (of law)
Until 1932 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in...
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
United States Code Annotated (U.S.C.A.)
Federal Rules of Appellate Procedure
4. A system where every topic and subtopic is assigned its own key number
correct A.L.R. citation
Shepard's Citations
These represent secondary authority
key number system
5. Obiter dictum- comments of the court about minor issues or concerns other than the specific holding - rationale - and decision. Never cited as precedent
most correct definition of star paging
codified
dicta
North Western Reporter (N.W. or N.W.2d)
6. The court's ruling or disposition of the case (whether affirmed - reversed - remanded - or dismissed)
court decision
The record of a court case includes
restatements of law
Corpus Juris Secundum (C.J.S.)
7. Avery v. Exxon Co. - 397 U.S. 812 (1991).
de novo on record
correct standard case citation
en banc
Shepard's Citations
8. A very brief opinion; a cursory opinion; an opinion so abbreviated that it is hardly an opinion at all
memorandum opinion
American Jurisprudence - Second Series (Am. Jur. 2d)
Digests summarize judicial decisions - while indexes...
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.
9. 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
United States Code (U.S.C.)
The official reporter of the U. S. Supreme Court is...
stare decisis
correct citation of a Constitutional amendment
10. Ratio decidendi- court's reasoning or basis for it sholding and decision
components of a standard case citation
Pacific Reporter (P. or P.2d)
Federal Rules of Appellate Procedure
rationale
11. Advance sheet published by Commerce Clearing House
caption
see - e.g.
Statutes are published as session laws...
United States Supreme Court Bulletin
12. Legal dictionary - treatise - restatement of law - encyclopedia
the reporter in which federal trial court opinions are contained
reporter of Supreme Court decisions that contains summaries of the briefs of counsel
These represent secondary authority
see - e.g.
13. When an official body authorizes and directs the collection and publication of law
official publication of law
components of law review citation
American Law Reports
most correct definition of star paging
14. Legal publisher noted for its extensive use of annotations.
secondary authority
slip law
Lawyers-Cooperative Publishing Co.
to update the status of a particular statute
15. Compiled chronologically
to update the status of a particular statute
correct standard case citation
Statutes at Large is
Southern Reporter (So. or So.2d)
16. The cited authority directly supports the proposition; other authorities also could have been cited but were not cited to avoid duplication
see - e.g.
slip opinion
opinion
components of United States Code citation
17. An unofficial publication of law that uses the key number system to aid the researcher
Statutes are published as slip laws before they are published...
West Publishing Company (West)
The record of a court case includes
United States Supreme Court Reports - Lawyers' Edition is cited as
18. 1. volume number of Fed. Reg. 2. abbreviation for Federal Register 3. page number where administrative rule begins; and 4. year of publication
components of a Federal Register citation
An annotation is
on the record
A Decennial Digest is part of the..
19. Statutory law
separation of powers
if a researcher knows the date when a federal statute was adopted the
Federal rules and procedures are...
The American Digest System is sometimes called the ____________ and uses the key number system.
20. 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
indexes typically
digests typically
de novo on record
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.
21. U.S. Const. art. IV - A 2 - cl. 3.
An unofficial publication is any publication
correct citation of a Constitutional article
opinion
star paging
22. Alaska - Arizona - California - Colorado - Hawaii - Idaho - Kansas - Montana - Nevada - New Mexico - Oklahoma - Oregon - Utah - Washington - and Wyoming
Pacific Reporter (P. or P.2d)
The Federal Register - The Code of Federal Regulations - The United States Code are...
key number system
United States Code Annotated (U.S.C.A.)
23. Shepard's Citations - statute edition
statement of facts
official publication of law
To determine whether a particular statute has been ruled unconstitutional by a court - one may use...
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.
24. Opinion of the entire court (all judges who heard the case) - as opposed to an opinion written by a specific judge
United States Supreme Court Reports - Lawyers' Edition is cited as
per curiam opinion
The National Reporter System and the American Digest System are...
West Publishing Company (West)
25. Shepard's Citations is used
correct citation of a Constitutional amendment
to update the status of a particular case
components of United States Code citation
_______ are compilations of case law for a particular reporter or a particular group of reporters.
26. Summarized statute topics
most correct definition of star paging
incorrect United States Code citation
indexes typically
legal encyclopedias
27. Published by Lawyers Co-op
The National Reporter System and the American Digest System are...
memorandum opinion
The American Digest System is sometimes called the ____________ and uses the key number system.
United States Code Service (U.S.C.S.)
28. United States Reports (U.S.) - Supreme Court Reporter (S.Ct.) - United States Supreme Court Reports - Lawyers' Edition (L.Ed. or L.Ed.2d)
U.S. Supreme court case reporters
en banc
Cases decided by the U.S. Court of International Trade ( formerly the U.S. Customs Court) are _______________ in the Federal Supplement.
Before 1924 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in
29. Decennial Digest
correct citation of United States Code
The American Digest System is sometimes called the ____________ and uses the key number system.
components of a legal encyclopedia citation
holding
30. 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
Code of Federal Regulations (C.F.R.)
restatements of law
components of a Federal Register citation
U.S. Law Week
31. The date upon which the decision was rendered
the reporter in which federal trial court opinions are contained
date of decision
The American Digest System indexes and classifies all case law - both...
sequence of citations
32. Case law
components of and A.L.R. citation
A decision of an administrative agency is classified as...
primary authority
incorrect United States Code citation
33. 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 National Reporter System and the American Digest System are...
the signal infra
correct citation of a Constitutional amendment
annotations
34. 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.
Digests summarize judicial decisions - while indexes...
constitutional law
primary authority
opinion
35. Sometimes called adjective law - it prescribes the manner in which substantive laws must be enforced.
United States Supreme Court Reports - Lawyers' Edition
Federal rules and procedures are...
U.S. Law Week
procedural law
36. As session laws
star paging
The official reporter of the U. S. Supreme Court is...
Statutes are published as slip laws before they are published...
stare decisis
37. 1. full name of author; 2. the word 'Annotation'; 3. title of annotation (underscored or in italics); 4. volume number of A.L.R. series 5. abbreviation for Annotated Law Reports 6. page number where the annotation begins; 7. year of publication
components of and A.L.R. citation
United States Reports is cited as
An unofficial publication is any publication
U.S. Law Week
38. Primary authority
to update the status of a particular statute
rules of procedure - local court rules - executive orders - administrative regulations: all represent...
statement of facts
The official reporter of the U. S. Supreme Court is...
39. Slip opinions collected and published periodically
Federal Rules of Civil Procedure
common law
elements of a reported case
advance sheets
40. Summarize judicial opinions
key number system
A Decennial Digest is part of the..
headnote or syllabus
digests typically
41. 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.
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.
Executive orders are...
de novo
see generally
42. Arkansas - Kentucky - Missouri - Tennessee - Texas - and Indian Territories
South Western Reporter (S.W. or S.W.2d)
An annotation is
Statutes at Large (Stat.)
parallel citation
43. Presidential proclamations
United States Code is
_______________ are published in the Statutes at Large.
dicta
An annotation is
44. An explanatory note
Secondary authorities are those that contain a general commentary on or...
parallel citation
An annotation is
Southern Reporter (So. or So.2d)
45. Precedent
Federal Rules of Evidence
reporter of Supreme Court decisions that contains summaries of the briefs of counsel
the principles stated in opinions of judges - to be followed in future cases - are called
A Decennial Digest is part of the..
46. F.Supp
United States Code (U.S.C.)
majority opinion
the reporter in which federal trial court opinions are contained
The American Digest System is sometimes called the ____________ and uses the key number system.
47. The entire court participates rather than the permissible quorum. This does not mean that the entire court agrees on the outcome - however.
en banc
United States Supreme Court Reports - Lawyers' Edition is cited as
Federal Register (Fed. Reg.)
TARP method
48. 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
Federal session laws may be found in...
secondary authority
To determine whether a particular statute has been ruled unconstitutional by a court - one may use...
components of a Code of Federal Regulations citation
49. Alabama - Florida - Louisiana - and Mississippi
the principles stated in opinions of judges - to be followed in future cases - are called
United States Reports is cited as
opinion
Southern Reporter (So. or So.2d)
50. Legal encyclopedia published by Lawyers Co-op
the signal infra
slip opinion
Federal rules and procedures are...
American Jurisprudence - Second Series (Am. Jur. 2d)
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