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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. Case law
To determine whether a particular statute has been ruled unconstitutional by a court - one may use
correct standard case citation
correct Code of Federal Regulations citation
A decision of an administrative agency is classified as...
2. Surnames are used for individual parties (Watson v. Jones).
Case citation - individuals
dissenting opinion
See - e.g. -
Case citation - federal government
3. 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.
Federal Rules of Criminal Procedure
Case citation - Internal Revenue Service
official publication of law
summarize judicial opinions
4. A continuing digest series that collects headnote summaries from all federal and state courts (combined) during consecutive ten-year periods.
statutory law
Presidential proclamations are published in...
American Digest System
components of law review citation
5. The court's explanatory comments - which can included the holding - the rationale for the holding - and dicta
de novo on record
dicta
North Eastern Reporter (N.E. or N.E.2d)
court opinion
6. Fed. R. Civ. P. 12
Computerized search tools
West Publishing Company (West)
The typical case reporter contains either a separate section or a separate volume
Procedural Rules - Rule 12 of the Federal Rules of Civil Procedure
7. But they are required for home state cases when parallel citations exist
C.J.S. uses the
Executive orders are
the reporter in which federal trial court opinions are contained
parallel citations generally are not provided for federal cases
8. 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
elements of a reported case
de novo
restatement (of law)
correct Statutes at Large citation
9. Digests
summarize judicial opinions
Periodicals
Shepard's Citations
precedent
10. Identified as "United States" in the case name (do not abbreviate as U.S. or as U.S.A.)
Case citation - federal government
C.J.S. uses the
precedent
opinion
11. 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.
Secondary authorities are those that
U.S. Supreme Court Reporting
correct A.L.R. citation
Federal session laws may be found in
12. At the close of each legislative term.
Shepardizing
Executive orders are
Statutes are published as session laws
de novo on record
13. Secondary authority that is leading annotated law reporter published by Lawyers Co-op. Distinguishing feature not the cases that it reports - but the extensive editorial commentary that follows each reported case - Restatements of Law Published by th
United States Code Service (U.S.C.S.)
American Law Reports (A.L.R.)
Code of Federal Regulations (C.F.R.)
United States Reports is an
14. 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
components of an A.L.R. citation
components of law review citation
Pacific Reporter (P. or P.2d)
de novo
15. Official publication
United States Reports is an
date of decision
Federal Rules of Evidence
Shepard's Citators
16. 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.
Access U.S. Supreme Court cases only
To locate Statutes and Constitutions
concurring opinion
The National Reporter System divides the country
17. 88 C.J.S. Trial
correct legal encyclopedia citation
Presidential proclamations are published in...
dicta
Supreme Court Reporter
18. Statutes at Large
on the record
South Western Reporter (S.W. or S.W.2d)
Federal session laws may be found in
dissenting opinion
19. Health Care Act - Pub. L. 92-117 - 83 Stat. 624 (1987).
Federal session laws may be found in
Federal session laws are published in
Digests are compilations of case law
correct Statutes at Large citation
20. Identifies the court issuing the opinion - the parties - and the docket number assigned to the case
caption
official publication of law
statement of facts
the reporter in which federal trial court opinions are contained
21. WESTLAW - West Publishing Company; and LEXIS - Mead Data Corporation.
court opinion
Federal Rules of Evidence
components of a Federal Register citation
Computerized search tools
22. Official publication
General Digest
National Reporter System and American Digest System are...
Case law concerning federal rules of procedure is collected in
United States Code is an
23. Govern the way in which a defendant is charged - tried - and sentenced for a federal crime
Index
United States District Courts case reporters
Federal Rules of Criminal Procedure
Executive orders are
24. Indexes
summarize statute topics
unofficial publication of law
Infra
Supreme Court Reporter
25. Statutes at Large (Stat.)
Decennial Digest is part of the...
Federal session laws are published in
correct United States Code citation
Administrative Law
26. Pleadings - transcript of trial testimony - and exhibits
The record of a court case includes
Annotation
Infra
Statutes at Large
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
A.L.R.Fed.
Federal Rules of Appellate Procedure
dissenting opinion
A.L.R.2d
28. The subsequent history of the cited case must be included in the citation
Federal Rules of Civil Procedure
Executive orders are
Statutes at Large
when a case has been affirmed - reversed or modified on appeal
29. Compiled chronologically
Statutes at Large is
advance sheets
to update the status of a particular statute
Federal rules and procedures are
30. Combined digest to access all federal courts.
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31. How civil actions are handled - including rules that cover the complaint - summons - answer - discovery process - trial - and post-trial procedures
stare decisis
correct Constitutional article citation
Federal Rules of Civil Procedure
on the record
32. The abbreviation for the agency typically is used in the case name (FCC - SEC - etc.).
per curiam opinion
These represent secondary authority
components of law review citation
Case citation - all other administrative agencies
33. 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
constitutional law
precedent
components of law review citation
Shepardizing
34. Remark - note - or commentary intended to illustrate or explain.
Annotation
components of United States Code citation
To locate Cases
A.L.R.3d
35. 48 Fed. Reg. 37 -315 (1983).
correct Federal Register citation
U.S. Supreme Court Reporting
Statutes at Large
United States Courts of Appeals case reporters
36. Statutory law
U.S. Law Week
Federal rules and procedures are
court decision
Supreme Court Reporter
37. Decennial Digest and uses the key number system.
A.L.R.4th
American Digest System is sometimes called...
correct Statutes at Large citation
rationale
38. Both legal and nonlegal - may proide persuasive authority in a given case and should not be overlooked as a research source.
United States District Courts case reporters
Periodicals
Case citation - Internal Revenue Service
Corpus Juris Secundum (C.J.S.)
39. 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.
West Publishing Company (West)
components of Statutes at Large citation
correct standard case citation
Procedural Rules - Rule 12 of the Federal Rules of Civil Procedure
40. West key number system
C.J.S. uses the
date of decision
A.L.R.Fed.
Digests summarize judicial decisions
41. United States Supreme Court Digest (West) and United States Supreme Court Digest - Lawyers' Edition (Lawyers Co-op)
holding
American Digest System
Access U.S. Supreme Court cases only
common law
42. 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
components of a legal encyclopedia citation
All statutory codes are updated by...
on the record
to update the status of a particular statute
43. 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
parallel citations generally are not provided for federal cases
National Reporter System
Until 1932 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in
U.S. Supreme Court Case Reporters
44. 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
Case citation - business names
United States Courts of Appeals case reporters
Federal Register (Fed. Reg.)
South Western Reporter (S.W. or S.W.2d)
45. The most comprehensive collection of legal citators.
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on line
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46. Published by West
correct Code of Federal Regulations citation
United States Code Annotated (U.S.C.A.)
holding
Case citation - individuals
47. Year the Court began using official reporters and its current numbering system
Digests summarize judicial decisions
1817
Statutes at Large is
West Publishing Company (West)
48. Digest topic
components of law review citation
A scope note tells a researcher coverage of a particular
Presidential proclamations are published in...
holding
49. The court's ruling or disposition of the case (whether affirmed - reversed - remanded - or dismissed)
components of United States Code citation
court decision
Lawyers Cooperative Publishing Company (Lawyers Co-op)
Executive orders are
50. S. Ct.
Federal Register (Fed. Reg.)
Supreme Court Reporter is cited as...
C.J.S. uses the
per curiam opinion