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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. Official publication






2. Legal encyclopedia published by West






3. Contains recent decisions of the United States Supreme Court






4. Statutes at Large






5. United States Reports






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






7. Avery v. Exxon Co. - 397 U.S. 812 (1991).






8. 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






9. Both legal and nonlegal - may proide persuasive authority in a given case and should not be overlooked as a research source.






10. Mandatory legal authority that consists of constitutions - statutes - case law - rules of procedure - rules of evidence - administrative rules - court rules - executive orders






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






12. Pleadings - transcript of trial testimony - and exhibits






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






14. The court's explanatory comments - which can included the holding - the rationale for the holding - and dicta






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






16. 15 U.S.C.






17. 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






18. 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






19. Primary authority






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






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






22. 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






23. Encyclopedias that are arranged alphabetically and contain narrative - expository information on a variety of legal topics. published by West and Lawyers Co-op






24. Caption - date of decision - parallel citations - headnote or syllabus - statement of facts - opinion - holding - rationale - dicta - decision






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






26. Shepard's Citations - statute edition






27. 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






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






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






30. Federal Rules Decisions






31. Products of West Legal Studies






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


33. The Statutes at Large.






34. 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






35. To indicate the full citation for the case follows at a later point in the memorandum or brief.


36. Indexes






37. Alabama - Florida - Louisiana - and Mississippi






38. Published by West






39. 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






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






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






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






43. Official publication






44. 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






45. Extensive selected annotations that follows each reported case.






46. (Dallas - Cranch - Wheaton - Peters - Howard - Black - and Wallace) - which were cited - for example - 1 Dall. 233.






47. U.S. Const. art. IV -






48. Decisions concerning federal rules of procedure






49. Shepard's Citations is used






50. 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.