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






2. Official publication






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






6. United States Reports






7. Digests






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.






9. Slip laws before they are published as session laws.






10. Statutes at Large (Stat.)






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






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






13. Within the federal system - the chronologically published rules and regulations of administrative agencies






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






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.






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






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






18. U.S. Const. amend. XIV -






19. Devoted to a table of cases and a descriptive word index.






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.






21. United States Supreme Court Digest (West) and United States Supreme Court Digest - Lawyers' Edition (Lawyers Co-op)






22. Fed. R. Evid. 401






23. A very brief opinion; a cursory opinion; an opinion so abbreviated that it is hardly an opinion at all






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






25. The Statutes at Large.






26. Consists of articles and various amendments






27. Type of law consisting of legislative enactments called statutes at federal level and ordinances at state levels.






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






29. Shepard's Citations is used






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.






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






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






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






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






36. Federal district courts across the country.






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






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






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






40. Statutes at Large






41. Only those state appellate court cases which are significant (indicates a change in the law or a new trend in legal thinking).






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.






43. Fed. R. Civ. P. 12






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






45. Health Care Act - Pub. L. 92-117 - 83 Stat. 624 (1987).






46. The digest for each ten-year period.






47. Annotated law reporter and is the secondary legal authority published by Lawyers Co-op.






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






49. Alaska - Arizona - California - Colorado - Hawaii - Idaho - Kansas - Montana - Nevada - New Mexico - Oklahoma - Oregon - Utah - Washington - and Wyoming






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"