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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. Identified as "United States" in the case name (do not abbreviate as U.S. or as U.S.A.)
Case citation - federal government
Until 1932 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in
American Law Reports (A.L.R.)
Supreme Court Reporter
2. Official publication
C.J.S. uses the
The Federal Supplement contains only selected decisions of
Code of Federal Regulations is an
restatement (of law)
3. To indicate the full citation for the case follows at a later point in the memorandum or brief.
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4. Unofficial U.S. Supreme Court case reporter published by Lawyers Co-op
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5. The cited authority directly supports the proposition; other authorities also could have been cited but were not cited to avoid duplication
Secondary authorities are those that
American Law Reports (A.L.R.) is the leading
See - e.g. -
See generally
6. United States Reports
The official reporter of the U. S. Supreme Court is...
dissenting opinion
Until 1932 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in
correct A.L.R. citation
7. Digests
summarize judicial opinions
unofficial publication of law
Corpus Juris Secundum (C.J.S.)
components of a Code of Federal Regulations citation
8. 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.
Case citation - Internal Revenue Service
The record of a court case includes
United States Reports
State Courts
9. Slip laws before they are published as session laws.
opinion
A.L.R. Quick Index
Statutes are published as
parallel citations generally are not provided for federal cases
10. Statutes at Large (Stat.)
en banc
correct Code of Federal Regulations citation
Federal session laws are published in
To determine whether a particular statute has been ruled unconstitutional by a court - one may use
11. Both legal and nonlegal - may proide persuasive authority in a given case and should not be overlooked as a research source.
de novo on record
restatement (of law)
Periodicals
session laws
12. Use digest to find case references; read the case in the reporter; and shepardize to determine status.
Federal Register (Fed. Reg.)
statement of facts
American Law Reports (A.L.R.) selects and publishes
To locate Cases
13. Within the federal system - the chronologically published rules and regulations of administrative agencies
A Uniform System of Citation
Federal Register (Fed. Reg.)
Federal session laws may be found in
precedent
14. 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
opinion
Dicennial
Code of Federal Regulations (C.F.R.)
annotations
15. 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.
components of Statutes at Large citation
These represent secondary authority
signal infra
Index
16. 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
Dicennial
U.S. Supreme Court Case Reporters
Headnotes in the American Digest System
American Law Reports (A.L.R.)
17. 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
sequence of citations
South Western Reporter (S.W. or S.W.2d)
See - e.g. -
Case law concerning federal rules of procedure is collected in
18. U.S. Const. amend. XIV -
correct legal encyclopedia citation
correct Constitutional amendment citation
slip law
Lawyers Cooperative Publishing Company (Lawyers Co-op)
19. Devoted to a table of cases and a descriptive word index.
parallel citations generally are not provided for federal cases
rationale
The typical case reporter contains either a separate section or a separate volume
correct United States Code citation
20. 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.
substantive law
State Courts
Procedural Rules - Rule 42 of the Federal Rules of Criminal Procedure
opinion
21. United States Supreme Court Digest (West) and United States Supreme Court Digest - Lawyers' Edition (Lawyers Co-op)
Access U.S. Supreme Court cases only
Case citation - business names
United States Reports is an
A decision of an administrative agency is classified as...
22. Fed. R. Evid. 401
components of United States Code citation
court decision
key number system
Procedural Rules - Rule 401 of the Federal Rules of Evidence
23. A very brief opinion; a cursory opinion; an opinion so abbreviated that it is hardly an opinion at all
memorandum opinion
Shepard's Citations
Federal Register (Fed. Reg.)
Federal Rules of Evidence
24. Sometimes called adjective law - it prescribes the manner in which substantive laws must be enforced.
procedural law
A Uniform System of Citation
to update the status of a particular statute
de novo on record
25. The Statutes at Large.
Presidential proclamations are published in...
United States District Courts case reporters
reporter of Supreme Court decisions that contains summaries of the briefs of counsel
court opinion
26. Consists of articles and various amendments
Code of Federal Regulations is an
correct law review citation
The first ninety volumes of United States Reports originally were compiled by seven successive - private reporters
United States Constitution
27. Type of law consisting of legislative enactments called statutes at federal level and ordinances at state levels.
Citation
statutory law
Digests are compilations of case law
The signal 'supra' is used in law review articles and other textual material (but not in legal memoranda and not in briefs)
28. 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
primary authority
Statutes are published as session laws
United States Code Annotated (U.S.C.A.)
de novo on record
29. Shepard's Citations is used
U.S. Supreme Court Case Reporters
to update the status of a particular case
the reporter in which federal trial court opinions are contained
Federal Rules of Criminal Procedure
30. 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.
concurring opinion
when a case has been affirmed - reversed or modified on appeal
Code of Federal Regulations is an
Case citation - state
31. 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
All statutory codes are updated by...
Access U.S. Supreme Court cases only
majority opinion
Corpus Juris Secundum (C.J.S.)
32. Researcher checks red advance sheets first (most recent); yellow paperback; and finally - the bound volume(s).
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33. Unofficial U.S. Supreme Court case reporter published by West
Federal session laws are codified and published in
Infra
components of United States Code citation
Supreme Court Reporter
34. Avery v. Exxon Co. - 397 U.S. 812 (1991).
correct legal encyclopedia citation
correct standard case citation
restatement (of law)
correct Statutes at Large citation
35. If the same case is published in another case reporter - the volume and page number of that reporter is shown
when a case has been affirmed - reversed or modified on appeal
procedural law
dissenting opinion
parallel citation
36. Federal district courts across the country.
summarize statute topics
The Federal Supplement contains only selected decisions of
Atlantic Reporter (A. or A.2d)
Case law concerning federal rules of procedure is collected in
37. Regardless of how it may have been shown in the lower courts.
Statutes at Large
correct United States Code citation
In a petition for writ of certiorari to the United States Supreme Court - the name of the appellant appears first in the case caption
correct Constitutional amendment citation
38. 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
advance sheets
A.L.R.3d
restatement (of law)
Cf.
39. 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
Cf.
on the record
components of United States Code citation
To locate Cases
40. Statutes at Large
unofficial publication of law
Federal session laws may be found in
separation of powers
United States Constitution
41. Only those state appellate court cases which are significant (indicates a change in the law or a new trend in legal thinking).
Administrative Law
components of a legal encyclopedia citation
Decennial Digest is part of the...
American Law Reports (A.L.R.) selects and publishes
42. Is the same case published in more than one case reporter and should not be used when citing to U.S. Supreme Court cases; cite to U.S. Reports ONLY - for state cases must be cited if they exist.
Parallel citations
Annotation
North Eastern Reporter (N.E. or N.E.2d)
slip law
43. Fed. R. Civ. P. 12
Procedural Rules - Rule 12 of the Federal Rules of Civil Procedure
North Western Reporter (N.W. or N.W.2d)
precedent
Case citation - business names
44. Which reports only federal cases and is supplemented by an individual - cumulative pocket found at the back of each volume.
Cf.
signal infra
A.L.R.Fed.
rationale
45. Health Care Act - Pub. L. 92-117 - 83 Stat. 624 (1987).
Decennial Digest is part of the...
correct Statutes at Large citation
American Digest System is sometimes called...
session laws
46. The digest for each ten-year period.
To locate Cases
Dicennial
A scope note tells a researcher coverage of a particular
codified
47. Annotated law reporter and is the secondary legal authority published by Lawyers Co-op.
American Law Reports (A.L.R.) is the leading
West's Federal Practice Digest 3d
Atlantic Reporter (A. or A.2d)
restatement of law - encyclopedia - law review article - treatise: all represent
48. 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
components of a Code of Federal Regulations citation
headnote or syllabus
reporter of Supreme Court decisions that contains summaries of the briefs of counsel
49. Alaska - Arizona - California - Colorado - Hawaii - Idaho - Kansas - Montana - Nevada - New Mexico - Oklahoma - Oregon - Utah - Washington - and Wyoming
Statutes at Large
Before 1924 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in...
Cf.
Pacific Reporter (P. or P.2d)
50. 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"
on the record
components of United States Code citation
F.R.D. contains...
To locate Cases