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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. The Statutes at Large.
id.
Presidential proclamations are published in...
A.L.R.Fed.
Case citation - all other administrative agencies
2. Refers to a previously cited authority. May not be used to refer to constitutions - statutes - or cases previously cited in full in legal memoranda and briefs; however - it may be used in genearl text - in books - and in law review articles.
To locate Cases
Supra
Procedural Rules - Rule 2 of the Federal Rules of Appellate Procedure
parallel citations generally are not provided for federal cases
3. 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
components of a legal encyclopedia citation
U.S. Supreme Court Reporting
majority opinion
correct Statutes at Large citation
4. Is an official publication that includes all laws enacted by Congress.
Citation
U.S. Supreme Court Reporting
Federal session laws may be found in
Statutes at Large
5. Remark - note - or commentary intended to illustrate or explain.
Digests summarize judicial decisions
These represent secondary authority
Annotation
Federal session laws are codified and published in
6. Obiter dictum- comments of the court about minor issues or concerns other than the specific holding - rationale - and decision. Never cited as precedent
star paging
statutory law
dicta
West Publishing Company (West)
7. The digest for the current period.
What legal dictionaries provide case citations upon which a definition is based?
summarize judicial opinions
treatise
General Digest
8. 88 C.J.S. Trial
American Digest System
date of decision
correct legal encyclopedia citation
Atlantic Reporter (A. or A.2d)
9. Slip opinions collected and published periodically in a softbound or looseleaf format (in advance of the next bound volume of the case reporter series).
restatement of law - encyclopedia - law review article - treatise: all represent
United States Supreme Court Reports - Lawyers' Edition
date of decision
advance sheets
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"
components of an A.L.R. citation
United States Code is an
on the record
Case citation - business names
11. The most comprehensive collection of legal citators.
12. A reference to a legal authority - such as a constitution - statute - case - administrative rule - or other authority.
Citation
components of United States Code citation
Until 1932 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in
American Digest System is sometimes called...
13. Legal publisher noted for its extensive use of annotations.
Federal session laws are codified and published in
Lawyers-Cooperative Publishing Co.
Shepard's Citations
The signal 'supra' is used in law review articles and other textual material (but not in legal memoranda and not in briefs)
14. A bill that has been adopted into a law but has been printed singly rather than as a part of a group of laws
slip law
Supreme Court Reporter
A.L.R.2d
date of decision
15. Brief summary of facts of case - including its procedural posture
codified
Procedural Rules - Rule 401 of the Federal Rules of Evidence
statement of facts
Access U.S. Supreme Court cases only
16. Legal encyclopedia published by Lawyers Co-op
South Eastern Reporter (S.E. or S.E.2d)
American Jurisprudence - Second Series (Am. Jur. 2d)
holding
correct Federal Register citation
17. Compiled by topic
United States Code is
correct Federal Register citation
slip opinion
Shepard's Citators
18. Fed. R. Crim. P. 42
South Western Reporter (S.W. or S.W.2d)
Procedural Rules - Rule 42 of the Federal Rules of Criminal Procedure
separation of powers
North Western Reporter (N.W. or N.W.2d)
19. United States Supreme Court Reports - Lawyers' Edition
North Eastern Reporter (N.E. or N.E.2d)
date of decision
A.L.R.Fed.
reporter of Supreme Court decisions that contains summaries of the briefs of counsel
20. 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
rationale
Cf.
elements of a reported case
annotations
21. Is a finding tool ONLY - usually compiled by the publisher of the case reporter to which it relates. NEVER cite as legal authority for any purpose.
Statutes at Large
digest
Index
Before 1924 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in...
22. Slip laws before they are published as session laws.
Southern Reporter (So. or So.2d)
Statutes are published as
dicta
to update the status of a particular case
23. Surnames are used for individual parties (Watson v. Jones).
Procedural Rules - Rule 2 of the Federal Rules of Appellate Procedure
Case citation - individuals
A.L.R. (sometimes called A.L.R. First)
stare decisis
24. Supplemented by an individual - cumulative pocket part found at the back of each volume in the series.
To determine whether a particular statute has been ruled unconstitutional by a court - one may use
Lawyers Cooperative Publishing Company (Lawyers Co-op)
A.L.R.4th
State Courts
25. Digest topic
These represent secondary authority
A scope note tells a researcher coverage of a particular
parallel citations generally are not provided for federal cases
de novo on record
26. Supplemented by the A.L.R. Blue Book of Supplemental Decisions - which is kept current with a semi-annual supplement pamphlet.
A.L.R. (sometimes called A.L.R. First)
A.L.R. Quick Index
Procedural Rules - Rule 12 of the Federal Rules of Civil Procedure
rationale
27. Shepard's Citations is used
Procedural Rules - Rule 12 of the Federal Rules of Civil Procedure
to update the status of a particular case
The record of a court case includes
A.L.R. Quick Index
28. Law that establishes and defines the basic rights and duties that govern a society. It consists of constitutions - legislative enactments - common law - and certain executive actions.
Federal Register (Fed. Reg.)
substantive law
Code of Federal Regulations (C.F.R.)
to update the status of a particular case
29. A system where every topic and subtopic is assigned its own key number
decision
key number system
United States Courts of Appeals case reporters
These represent secondary authority
30. 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.
Procedural Rules - Rule 401 of the Federal Rules of Evidence
Statutes are published as
components of Statutes at Large citation
United States Courts of Appeals case reporters
31. Persuasive legal authority that consists of law from other jurisdictions - legal encyclopedias - American Law Reports - restatements of law - dictionaries - treatises and periodicals
parallel citations generally are not provided for federal cases
secondary authority
court opinion
Procedural Rules - Rule 12 of the Federal Rules of Civil Procedure
32. Indicates that the full citation appears later in the memorandum - brief - or other work.
American Digest System indexes and classifies all case law
The signal 'infra' is used in legal memoranda and briefs
American Law Reports (A.L.R.) selects and publishes
Infra
33. Reviews the record for errors of law and reaches its own factual finding.
United States Code Annotated (U.S.C.A.)
When an appellate court reviews a case de novo on record - it
Federal Register (Fed. Reg.)
U.S. Supreme Court Reporting
34. 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
South Western Reporter (S.W. or S.W.2d)
State Courts
stare decisis
correct legal encyclopedia citation
35. 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
United States Code Annotated (U.S.C.A.)
Statutes at Large
dissenting opinion
United States Courts of Appeals case reporters
36. Illinois - Indiana - Massachusetts - New York - and Ohio
North Eastern Reporter (N.E. or N.E.2d)
The official reporter of the U. S. Supreme Court is...
dicta
Atlantic Reporter (A. or A.2d)
37. Identified as "United States" in the case name (do not abbreviate as U.S. or as U.S.A.)
Supra
South Eastern Reporter (S.E. or S.E.2d)
Federal Rules of Criminal Procedure
Case citation - federal government
38. Into seven regions.
slip law
The National Reporter System divides the country
reporter of Supreme Court decisions that contains summaries of the briefs of counsel
The signal 'infra' is used in legal memoranda and briefs
39. Statutes that are collected into a statutory code that are arranged by topic
North Eastern Reporter (N.E. or N.E.2d)
session laws
codified
advance sheets
40. Contain a general commentary on or explanation of the subject.
headnote or syllabus
if a researcher knows the date when a federal statute was adopted the
Secondary authorities are those that
United States Code is an
41. West key number system
unofficial publication of law
C.J.S. uses the
Federal Rules of Criminal Procedure
legal encyclopedias
42. Is used in the first 50 volumes of the United States Reports plus all unofficial reporters of Supreme Court decisions
Federal Rules of Civil Procedure
star paging
dissenting opinion
The signal 'supra' is used in law review articles and other textual material (but not in legal memoranda and not in briefs)
43. Reported selectively in the Federal Supplement.
American Law Reports (A.L.R.)
Cases decided by the U.S. Court of International Trade ( formerly the U.S. Customs Court) are...
United States Reports is cited as...
slip opinion
44. Regardless of how it may have been shown in the lower courts.
Until 1932 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in
United States Constitution
In a petition for writ of certiorari to the United States Supreme Court - the name of the appellant appears first in the case caption
Digests are compilations of case law
45. 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
date of decision
United States Supreme Court Reports - Lawyers' Edition
Before 1924 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in...
Headnotes in the American Digest System
46. 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
American Law Reports (A.L.R.) is filled with
Access U.S. Supreme Court cases only
to update the status of a particular statute
components of law review citation
47. 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.
primary authority
Until 1932 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in
A.L.R. Quick Index
constitutional law
48. Shepard's Citations - statute edition
A.L.R. (sometimes called A.L.R. First)
correct Statutes at Large citation
Statutes are published as
To determine whether a particular statute has been ruled unconstitutional by a court - one may use
49. Used to find annotations on a particular topic which covers A.L.R.3d and A.L.R.4th and the series comes in five parts. Can check the Historicdal Table at the back of A.L.R. Index to find ouit whether an A.L.R. series annotation has been superseded (r
rules of procedure - local court rules - executive orders - administrative regulations: all represent
decision
United States Supreme Court Reports - Lawyers' Edition
A.L.R. Quick Index
50. 48 Fed. Reg. 37 -315 (1983).
correct Statutes at Large citation
correct Federal Register citation
Digests are compilations of case law
Presidential proclamations are published in...