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Test your basic knowledge |
Certified Legal Research
Start Test
Study First
Subject
:
certifications
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. Supplement volumes or pocket part supplements should be used
United States Code Service (U.S.C.S.)
components of a Code of Federal Regulations citation
to update the status of a particular statute
per curiam opinion
2. Obiter dictum- comments of the court about minor issues or concerns other than the specific holding - rationale - and decision. Never cited as precedent
Lawyers-Cooperative Publishing Co.
Case citation - federal government
When an appellate court reviews a case de novo on record - it
dicta
3. Reviews the record for errors of law and reaches its own factual finding.
When an appellate court reviews a case de novo on record - it
American Digest System is sometimes called...
id.
precedent
4. Only those state appellate court cases which are significant (indicates a change in the law or a new trend in legal thinking).
Presidential proclamations are published in...
Federal Register (Fed. Reg.)
components of United States Code citation
American Law Reports (A.L.R.) selects and publishes
5. 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
correct United States Code citation
These represent secondary authority
primary authority
restatement (of law)
6. Is the primary finding tool for statutory law - either state or federal.
Index
Until 1932 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in
if a researcher knows the date when a federal statute was adopted the
Federal session laws are codified and published in
7. A bill that has been adopted into a law but has been printed singly rather than as a part of a group of laws
Federal Register (Fed. Reg.)
slip law
Case citation - all other administrative agencies
American Jurisprudence - Second Series (Am. Jur. 2d)
8. Published by West
components of law review citation
restatement of law - encyclopedia - law review article - treatise: all represent
United States Code Annotated (U.S.C.A.)
Dicennial
9. When Internal Revenue Service is a party - the term Commissioner is used to identify it (meaning Commissioner of the Internal Revenue Service); never use the abbreviation IRS.
Case citation - Internal Revenue Service
United States Constitution
United States Reports is an
Federal session laws may be found in
10. Alaska - Arizona - California - Colorado - Hawaii - Idaho - Kansas - Montana - Nevada - New Mexico - Oklahoma - Oregon - Utah - Washington - and Wyoming
Pacific Reporter (P. or P.2d)
An unofficial publication is any publication
common law
Digests are compilations of case law
11. Into seven regions.
National Reporter System and American Digest System are...
The National Reporter System divides the country
Shepardizing
secondary authority
12. 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
F.R.D. contains...
Contra
per curiam opinion
13. WESTLAW - West Publishing Company; and LEXIS - Mead Data Corporation.
North Eastern Reporter (N.E. or N.E.2d)
When an appellate court reviews a case de novo on record - it
Computerized search tools
concurring opinion
14. 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.
National Reporter System
American Law Reports (A.L.R.)
primary authority
correct Federal Register citation
15. 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.
de novo
Case citation - federal government
Executive orders are
official publication of law
16. Federal Rules Decisions
The record of a court case includes
Case law concerning federal rules of procedure is collected in
State Courts
treatise
17. The court's explanatory comments - which can included the holding - the rationale for the holding - and dicta
correct United States Code citation
United States Supreme Court Reports - Lawyers' Edition is cited as...
The record of a court case includes
court opinion
18. Result or disposition of the case
decision
components of law review citation
Digests summarize judicial decisions
Statutes are published as
19. Products of West Legal Studies
Shepard's Citations
National Reporter System and American Digest System are...
elements of a reported case
U.S. Supreme Court Reporting
20. U.S. Const. amend. XIV -
parallel citations generally are not provided for federal cases
American Law Reports (A.L.R.)
correct Constitutional amendment citation
American Digest System indexes and classifies all case law
21. There are 3 case reporters for the U.S. Supreme Court - United States Reports (U.S.) Official - Supreme Court Reporter (S.Ct.) Unofficial - United States Supreme Court Reports - Lawyers' Edition (L.Ed. or L.Ed.2d) Unofficial
1817
A.L.R.4th
U.S. Supreme Court Case Reporters
U.S. Law Week
22. A proposed legislative measure
Access U.S. Supreme Court cases only
Federal Rules of Criminal Procedure
Periodicals
bill
23. Encyclopedias that are arranged alphabetically and contain narrative - expository information on a variety of legal topics. published by West and Lawyers Co-op
Supreme Court Reporter is cited as...
Digests are compilations of case law
legal encyclopedias
id.
24. Iowa - Michigan - Minnesota - Nebraska - North Dakota - South Dakota - and Wisconsin
primary authority
North Western Reporter (N.W. or N.W.2d)
A.L.R.4th
to update the status of a particular case
25. 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
Case citation - federal government
unofficial publication of law
rationale
components of a Code of Federal Regulations citation
26. 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
Digests summarize judicial decisions
United States Supreme Court Reports - Lawyers' Edition is cited as...
rules of procedure - local court rules - executive orders - administrative regulations: all represent
dissenting opinion
27. Decennial Digest and uses the key number system.
statement of facts
The official reporter of the U. S. Supreme Court is...
American Digest System is sometimes called...
components of a legal encyclopedia citation
28. Extensive selected annotations that follows each reported case.
statement of facts
American Law Reports (A.L.R.) is filled with
correct legal encyclopedia citation
Federal Rules of Appellate Procedure
29. Connecticut - Delaware - D.C. (Court of Appeals) - Maine - Maryland - New Hampshire - New Jersey - Pennsylvania - Rhode Island - and Vermont
if a researcher knows the date when a federal statute was adopted the
Code of Federal Regulations is an
See generally
Atlantic Reporter (A. or A.2d)
30. Surnames are used for individual parties (Watson v. Jones).
primary authority
caption
Case citation - individuals
American Digest System indexes and classifies all case law
31. When state government is a party - such as the plaintiff in a criminal case - it is identified in the case name simply as "State" (State v. Jones).
Case citation - state
When an appellate court reviews a case de novo on record - it
Federal Rules of Criminal Procedure
reporter of Supreme Court decisions that contains summaries of the briefs of counsel
32. Are catalogued under topics and subtopics assigned to key numbers - using the TARP method. T - thing or subject matter involved in the case; A - Action (cause of action) or ground for defense to an action; R - Relief sought; P - parties - meaning the
State Courts
Headnotes in the American Digest System
Administrative Law
Until 1932 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in
33. United States Supreme Court Reports - Lawyers' Edition
most correct definition of star paging
reporter of Supreme Court decisions that contains summaries of the briefs of counsel
when a case has been affirmed - reversed or modified on appeal
Headnotes in the American Digest System
34. Use digest to find case references; read the case in the reporter; and shepardize to determine status.
Decennial Digest is part of the...
West's Federal Practice Digest 3d
Index
To locate Cases
35. 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
Statutes at Large
Federal Rules of Evidence
official publication of law
Shepardizing
36. Fed. R. App. P. 2.
Dicennial
United States Code is
Pacific Reporter (P. or P.2d)
Procedural Rules - Rule 2 of the Federal Rules of Appellate Procedure
37. The cited authority states a proposition that is different from the proposition stated by the writer - but the proposition stated in the cited authority is sufficiently similar to lend support to the writer's proposition
Cf.
The signal 'supra' is used in law review articles and other textual material (but not in legal memoranda and not in briefs)
secondary authority
precedent
38. Mandatory legal authority that consists of constitutions - statutes - case law - rules of procedure - rules of evidence - administrative rules - court rules - executive orders
primary authority
In a petition for writ of certiorari to the United States Supreme Court - the name of the appellant appears first in the case caption
Statutes at Large
Shepardizing
39. The Statutes at Large.
A.L.R. Quick Index
United States Code is
A.L.R.2d
Presidential proclamations are published in...
40. Slip opinions collected and published periodically in a softbound or looseleaf format (in advance of the next bound volume of the case reporter series).
primary authority
Federal session laws may be found in
To determine whether a particular statute has been ruled unconstitutional by a court - one may use
advance sheets
41. The court's ruling or disposition of the case (whether affirmed - reversed - remanded - or dismissed)
components of a Federal Register citation
court decision
American Law Reports (A.L.R.)
precedent
42. Holding of a case which guides the decisions in future cases involving similar facts and similar legal issues
Pacific Reporter (P. or P.2d)
legal encyclopedias
if a researcher knows the date when a federal statute was adopted the
precedent
43. United States Code (U.S.C.)
See - e.g. -
U.S. Reports contains
to update the status of a particular statute
Federal session laws are codified and published in
44. 1. number of the Code title2. abbreviation for the United States Code 3. section symbol - followed by the number of the Code section; and4. date of the Code volume in which the most recent version of the section can be found
Statutes are published as session laws
Corpus Juris Secundum (C.J.S.)
Headnotes in the American Digest System
components of United States Code citation
45. 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
de novo on record
Lawyers-Cooperative Publishing Co.
correct legal encyclopedia citation
To determine whether a particular statute has been ruled unconstitutional by a court - one may use
46. 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
Statutes at Large
separation of powers
signal infra
components of a standard case citation
47. American Digest System
Digests summarize judicial decisions
Decennial Digest is part of the...
United States Supreme Court Reports - Lawyers' Edition
Federal rules and procedures are
48. 1. volume number of Fed. Reg.2. abbreviation for Federal Register 3. page number where administrative rule begins; and 4. year of publication
Digests summarize judicial decisions
components of a Federal Register citation
parallel citation
the reporter in which federal trial court opinions are contained
49. When an official body authorizes and directs the collection and publication of law
official publication of law
American Digest System
Case citation - federal government
secondary authority
50. Within the federal system - the chronologically published rules and regulations of administrative agencies
Federal Register (Fed. Reg.)
American Digest System indexes and classifies all case law
South Western Reporter (S.W. or S.W.2d)
sequence of citations