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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. The cited authority contradicts the proposition stated in the memorandum






2. An unofficial publication of law that uses the key number system to aid the researcher






3. Rule of law for which the case is cited as precedent; it is the legal effect of the facts of the case






4. Supplemented by an individual - cumulative pocket part found at the back of each volume in the series.






5. Is an official publication that includes all laws enacted by Congress.






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

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






8. U.S. Const. amend. XIV -






9. Both state and federal.






10. United States Supreme Court Digest (West) and United States Supreme Court Digest - Lawyers' Edition (Lawyers Co-op)






11. 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






12. The method used to determine whether a case still is good law is to check the citation in the appropriate set of Shepard's Citations.






13. Contains recent decisions of the United States Supreme Court






14. Congressional Record will provide the most direct access to the text of the statute






15. 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






16. United States Supreme Court Reports - Lawyers' Edition






17. Shepard's Citations is used






18. Issued by a private - non-government publisher (primary law - secondary law - encyclopedia - or other).






19. 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






20. Compiled by topic






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.






22. Decisions concerning federal rules of procedure






23. Statutes at Large (Stat.)






24. Fed. R. Evid. 401






25. But they are required for home state cases when parallel citations exist






26. Surnames are used for individual parties (Watson v. Jones).






27. Arkansas - Kentucky - Missouri - Tennessee - Texas - and Indian Territories






28. Official publication






29. 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






30. Indexes






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






32. Statutory law






33. 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.






34. Fed. R. Crim. P. 42






35. Is used in the first 50 volumes of the United States Reports plus all unofficial reporters of Supreme Court decisions






36. Use digest to find case references; read the case in the reporter; and shepardize to determine status.






37. Case law - or judicial opinion - that articulates common law principles






38. Obiter dictum- comments of the court about minor issues or concerns other than the specific holding - rationale - and decision. Never cited as precedent






39. The cited authority directly supports the proposition; other authorities also could have been cited but were not cited to avoid duplication






40. Slip opinions compiled in two different sets of advance sheets: (1) United States Law Week (U.S.L.W) - published weekly by the Bureau of National Affairs and (2) United States Supreme Court Bulletin - published by Commerce Clearing House.






41. The digest for each ten-year period.






42. 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






43. Into seven regions.






44. A very brief opinion; a cursory opinion; an opinion so abbreviated that it is hardly an opinion at all






45. Statutes at Large






46. 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






47. 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.






48. Legal dictionary - treatise - restatement of law - encyclopedia






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






50. Researcher checks red advance sheets first (most recent); yellow paperback; and finally - the bound volume(s).

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