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Certified Legal Research

Subject : certifications
  • 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. The Statutes at Large.

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.

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

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

5. Remark - note - or commentary intended to illustrate or explain.

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

7. The digest for the current period.

8. 88 C.J.S. Trial

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).

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"

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.

13. Legal publisher noted for its extensive use of annotations.

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

15. Brief summary of facts of case - including its procedural posture

16. Legal encyclopedia published by Lawyers Co-op

17. Compiled by topic

18. Fed. R. Crim. P. 42

19. United States Supreme Court Reports - Lawyers' Edition

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

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. Slip laws before they are published as session laws.

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

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

25. Digest topic

26. Supplemented by the A.L.R. Blue Book of Supplemental Decisions - which is kept current with a semi-annual supplement pamphlet.

27. Shepard's Citations is used

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.

29. A system where every topic and subtopic is assigned its own key number

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.

31. Persuasive legal authority that consists of law from other jurisdictions - legal encyclopedias - American Law Reports - restatements of law - dictionaries - treatises and periodicals

32. Indicates that the full citation appears later in the memorandum - brief - or other work.

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

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

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

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

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

38. Into seven regions.

39. Statutes that are collected into a statutory code that are arranged by topic

40. Contain a general commentary on or explanation of the subject.

41. West key number system

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

43. Reported selectively in the Federal Supplement.

44. Regardless of how it may have been shown in the lower courts.

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

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

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.

48. Shepard's Citations - statute edition

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

50. 48 Fed. Reg. 37 -315 (1983).