Test your basic knowledge |

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






2. Fed. R. Evid. 401






3. Holding of a case which guides the decisions in future cases involving similar facts and similar legal issues






4. Fed. R. App. P. 2.






5. 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






6. Official publication






7. American Digest System






8. 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.






9. To indicate that the full citation for the case was given previously.


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






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






12. 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






13. Year the Court began using official reporters and its current numbering system






14. The three branches of government that make up each legal system- legislative - judicial and executive






15. Opinion issued by one or more judges of the appellate court which agrees with the result reached by the majority but disagrees with the reasoning of the majority opinion. There can be more than one.






16. 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






17. How civil actions are handled - including rules that cover the complaint - summons - answer - discovery process - trial - and post-trial procedures






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






19. Statutory law






20. Case law






21. If the same case is published in another case reporter - the volume and page number of that reporter is shown






22. Which reports only federal cases and is supplemented by an individual - cumulative pocket found at the back of each volume.






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






24. Primary authority






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






26. Reported selectively in the Federal Supplement.






27. 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






28. 1. full name of author; 2. the word "Annotation"; 3. title of annotation (underscored or in italics); 4. volume number of A.L.R. series 5. abbreviation for Annotated Law Reports 6. page number where the annotation begins; 7. year of publication






29. WESTLAW - West Publishing Company; and LEXIS - Mead Data Corporation.






30. A bill that has been adopted into a law but has been printed singly rather than as a part of a group of laws






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






32. 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






33. 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






34. Sometimes called adjective law - it prescribes the manner in which substantive laws must be enforced.






35. Govern the form and procedure for appeals from the U.S. District Court to the Court of Appeals within the federal system






36. 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.






37. Contains recent decisions of the United States Supreme Court






38. United States Reports






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






40. 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






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






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






43. 15 U.S.C.






44. Statutes at Large (Stat.)






45. 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.






46. Connecticut - Delaware - D.C. (Court of Appeals) - Maine - Maryland - New Hampshire - New Jersey - Pennsylvania - Rhode Island - and Vermont






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






48. U.S. Const. art. IV -






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






50. The court's ruling or disposition of the case (whether affirmed - reversed - remanded - or dismissed)