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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. 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
see generally
the signal infra
U.S. Reports contains
de novo on record

2. Arkansas - Kentucky - Missouri - Tennessee - Texas - and Indian Territories
South Western Reporter (S.W. or S.W.2d)
Atlantic Reporter (A. or A.2d)
A scope note tells a researcher coverage of a particular...
parallel citations generally are not provided for federal cases

3. American Digest System
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.
A Decennial Digest is part of the..
reporter of Supreme Court decisions that contains summaries of the briefs of counsel
Federal Rules of Civil Procedure

4. Federal Cases
These represent secondary authority
Before 1924 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in
The American Digest System is sometimes called the ____________ and uses the key number system.
C.J.S uses...

5. 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
components of a standard case citation
United States Supreme Court Reports - Lawyers' Edition is cited as
stare decisis
concurring opinion

6. United States Reports
incorrect United States Code citation
The official reporter of the U. S. Supreme Court is...
rationale
cf.

7. The three branches of government that make up each legal system- legislative - judicial and executive
treatise
These represent secondary authority
separation of powers
precedent

8. Mandatory legal authority that consists of constitutions - statutes - case law - rules of procedure - rules of evidence - administrative rules - court rules - executive orders
star paging
caption
correct law review citation
primary authority

9. All slip laws enacted during a legislative session that are arranged in chronological order according to date of enactment
dissenting opinion
session laws
West Publishing Company (West)
to update the status of a particular statute

10. 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'
sequence of citations
correct A.L.R. citation
on the record
incorrect case citation

11. Rule of law for which the case is cited as precedent; it is the legal effect of the facts of the case
holding
American Jurisprudence is a...
legal encyclopedias
A Decennial Digest is part of the..

12. (primary law - secondary law - encyclopedia - or other) issued by a private - non-government publisher.
An unofficial publication is any publication
United States Code Annotated (U.S.C.A.)
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.
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.

13. At the close of each legislative term
Digests summarize judicial decisions - while indexes...
Statutes are published as session laws...
incorrect case citation
the principles stated in opinions of judges - to be followed in future cases - are called

14. When a federal case first decides a case. a single opinion of the court issued without headnotes and without indexing.
slip law
United States Code Service (U.S.C.S.)
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.
slip opinion

15. A proposed legislative measure
correct legal encyclopedia citation
advance sheets
Digests summarize judicial decisions - while indexes...
bill

16. Statutory law
North Eastern Reporter (N.E. or N.E.2d)
Federal rules and procedures are...
incorrect United States Code citation
elements of a reported case

17. Official publication
The Federal Register - The Code of Federal Regulations - The United States Code are...
C.J.S uses...
majority opinion
The American Digest System is sometimes called the ____________ and uses the key number system.

18. The date upon which the decision was rendered
codified
when a case has been affirmed - reversed or modified on appeal
date of decision
The record of a court case includes

19. U.S. Const. amend. XIV - A 1.
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
sequence of citations
West Publishing Company (West)
correct citation of a Constitutional amendment

20. Name of the appellant
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.
The _______________ contains either a separate section or a separate volume devoted to a table of cases and a descriptive word index.
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. Secondary authority
American Law Reports
restatement of law - encyclopedia - law review article - treatise: all represent...
A scope note tells a researcher coverage of a particular...
memorandum opinion

22. Supra

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23. When an official body authorizes and directs the collection and publication of law
official publication of law
Federal Rules of Appellate Procedure
Federal Register (Fed. Reg.)
A scope note tells a researcher coverage of a particular...

24. 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
correct standard case citation
precedent
substantive law
components of a legal encyclopedia citation

25. 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
legal encyclopedias
elements of a reported case
majority opinion
A decision of an administrative agency is classified as...

26. Encyclopedias that are arranged alphabetically and contain narrative - expository information on a variety of legal topics. published by West and Lawyers Co-op
A decision of an administrative agency is classified as...
legal encyclopedias
correct citation of Statutes at Large
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

27. Decennial Digest
caption
The American Digest System is sometimes called the ____________ and uses the key number system.
restatement of law - encyclopedia - law review article - treatise: all represent...
most correct definition of star paging

28. The cited authority contradicts the proposition stated in the memorandum
To determine whether a particular statute has been ruled unconstitutional by a court - one may use...
contra
sequence of citations
substantive law

29. Brief summary of a legal rule discussed in the opinion; headnotes are numbered. key numbers are used in West publications
headnote or syllabus
incorrect citation of a law review article
TARP method
American Jurisprudence - Second Series (Am. Jur. 2d)

30. Sometimes called adjective law - it prescribes the manner in which substantive laws must be enforced.
codified
procedural law
correct legal encyclopedia citation
legal dictionaries

31. Published by Lawyers Co-op
South Western Reporter (S.W. or S.W.2d)
United States Code Service (U.S.C.S.)
Until 1932 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in...
statement of facts

32. Legal publisher noted for its extensive use of annotations.
parallel citations generally are not provided for federal cases
court opinion
court decision
Lawyers-Cooperative Publishing Co.

33. Pleadings - transcript of trial testimony - and exhibits
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.
components of United States Code citation
Case law concerning federal rules of procedure is collected in
The record of a court case includes

34. U.S.
United States Code Service (U.S.C.S.)
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.
correct standard case citation
United States Reports is cited as

35. Infra

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36. Signal used to indicate page numbers in another reporter
most correct definition of star paging
Before 1924 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in
procedural law
Federal Rules of Evidence

37. Summarize judicial opinions
Federal rules and procedures are...
correct A.L.R. citation
correct Federal Register citation
digests typically

38. Explanation of the subject
session laws
rationale
separation of powers
Secondary authorities are those that contain a general commentary on or...

39. The publication where rules and regulations of administrative agencies are codified
The official reporter of the U. S. Supreme Court is...
Code of Federal Regulations (C.F.R.)
memorandum opinion
key number system

40. Identifies the court issuing the opinion - the parties - and the docket number assigned to the case
United States Law Week (U.S.L.W)
key number system
caption
separation of powers

41. W. Weitz - Nocturnal Crimes - 20 Brooklyn L. Rev. 180 (1992).
holding
United States Reports
court decision
incorrect citation of a law review article

42. Opinion issued by one or more judges of the appellate court which agrees with the result reached by the majority but disagrees with the reasoning of the majority opinion. There can be more than one.
components of a Federal Register citation
concurring opinion
United States Courts of Appeals case reporters
sequence of citations

43. Court's explanation; includes the holding - rationale - and dicta
bill
opinion
Federal Rules of Civil Procedure
Lawyers Cooperative Publishing Company (Lawyers Co-op)

44. 1. name of the act 2. abbreviation of Public Law and the public law number 3. volume number of the Statutes at Large 4. abbreviation for Statutes at Large 5. page number where the statutes begins; and 6. the year when the statute was passed as law.
components of Statutes at Large citation
Secondary authorities are those that contain a general commentary on or...
_____________ is an official publication
correct citation of Statutes at Large

45. Presidential proclamations
incorrect citation of a law review article
Pacific Reporter (P. or P.2d)
_______________ are published in the Statutes at Large.
the signal infra

46. Ritches Jr. v. Li - 665 F. Supp. 139 (E.D.Pa. 1991).
caption
substantive law
incorrect case citation
the principles stated in opinions of judges - to be followed in future cases - are called

47. Compiled by topic
Federal session laws may be found in...
United States Code is
codified
dicta

48. Precedent
U.S. Reports contains
correct citation of Statutes at Large
A.L.R. is filled with...
the principles stated in opinions of judges - to be followed in future cases - are called

49. Supplement volumes or pocket part supplements should be used
Statutes are published as session laws...
North Western Reporter (N.W. or N.W.2d)
to update the status of a particular statute
bill

50. What federal session laws are published in
correct citation of United States Code
Statutes at Large (Stat.)
the reporter in which federal trial court opinions are contained
United States Code Service (U.S.C.S.)