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Certified Legal Research

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. Sometimes called a hornbook - is a single-volume text written by a legal scholar in a given topic area






2. 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.






3. A reference to a legal authority - such as a constitution - statute - case - administrative rule - or other authority.






4. The abbreviation for the agency typically is used in the case name (FCC - SEC - etc.).






5. The Statutes at Large.






6. 48 Fed. Reg. 37 -315 (1983).






7. Is used to check the current status of a case

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8. Unofficial U.S. Supreme Court case reporter published by West






9. U.S. Const. art. IV -






10. Fed. R. Evid. 401






11. Ratio decidendi- court's reasoning or basis for its holding and decision






12. Reviews the record for errors of law and reaches its own factual finding.






13. A prior case within a particular jurisdiction that has 1. facts and legal issues substantially similar to the facts of the case before the court and 2. it was decided by a majority decision of a higher court of that jurisdiction and 3. the case was r






14. A syllabus of the court






15. Reported selectively in the Federal Supplement.






16. 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






17. (Dallas - Cranch - Wheaton - Peters - Howard - Black - and Wallace) - which were cited - for example - 1 Dall. 233.






18. 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






19. Govern the way in which a defendant is charged - tried - and sentenced for a federal crime






20. Use index to find statute section; read the statutory section; and check supplements for status.






21. 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






22. 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






23. The cited authority presents helpful background information about the proposition






24. L. Ed or L. Ed. 2d

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25. Official case reporter for the U.S. Supreme Court






26. USOC - also known as the Blue Book - is universally accepted authority on legal citations - which is published jointly by the law reviews of Columbia - Harvard - the University of Pennsylvania - and Yale Law Schools.






27. At the close of each legislative term.






28. Compiled by topic






29. While indexes summarize statute topics






30. Statutory law






31. Identified as "United States" in the case name (do not abbreviate as U.S. or as U.S.A.)






32. Iowa - Michigan - Minnesota - Nebraska - North Dakota - South Dakota - and Wisconsin






33. Caption - date of decision - parallel citations - headnote or syllabus - statement of facts - opinion - holding - rationale - dicta - decision






34. U.S.






35. The digest for the current period.






36. Identifies the court issuing the opinion - the parties - and the docket number assigned to the case






37. Illinois - Indiana - Massachusetts - New York - and Ohio






38. The entire court participates rather than the permissible quorum. This does not mean that the entire court agrees on the outcome - however.






39. 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






40. Indexes






41. Consists of articles and various amendments






42. 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






43. Omit initials in unless the initial is part of the widely recognzied name (B.J. Hollis Corp. becomes Hollis Corp. - but initials are retained for J.C. Penney Co.). Omit Ltd. - Inc. - and similar terms if the party's name also contains R.R. - Co. - Br






44. 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).






45. Case law






46. Fed. R. Civ. P. 12






47. Alabama - Florida - Louisiana - and Mississippi






48. 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






49. The most comprehensive collection of legal citators.

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50. John Willis - Annotation - Industrial Noise: Promoting an Unsafe Work Enviroment - 76 A.L.R. Fed. 489 (1986).