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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. Extensive selected annotations that follows each reported case.
An unofficial publication is any publication
American Law Reports (A.L.R.) is filled with
American Jurisprudence - Second Series (Am. Jur. 2d)
General Digest
2. If the same case is published in another case reporter - the volume and page number of that reporter is shown
parallel citation
National Reporter System
if a researcher knows the date when a federal statute was adopted the
primary authority
3. Pleadings - transcript of trial testimony - and exhibits
components of United States Code citation
components of Statutes at Large citation
The record of a court case includes
key number system
4. Supplemented by the A.L.R.2d Later Case Service - which is kept current with a semi-annual supplement pamphlet.
A scope note tells a researcher coverage of a particular
A.L.R.2d
constitutional law
Index
5. Reported selectively in the Federal Supplement.
most correct definition of star paging
secondary authority
id.
Cases decided by the U.S. Court of International Trade ( formerly the U.S. Customs Court) are...
6. United States Code (U.S.C.)
Statutes at Large
Federal session laws are codified and published in
To locate Statutes and Constitutions
A.L.R.3d
7. Statutes at Large (Stat.)
American Jurisprudence - Second Series (Am. Jur. 2d)
Federal session laws are published in
components of United States Code citation
decision
8. Rule of law for which the case is cited as precedent; it is the legal effect of the facts of the case
holding
American Law Reports (A.L.R.) selects and publishes
bill
Statutes are published as session laws
9. To indicate that the full citation for the case was given previously.
10. An unofficial publication of law that is known for its extensive use of annotations
Procedural Rules - Rule 12 of the Federal Rules of Civil Procedure
The record of a court case includes
components of a Code of Federal Regulations citation
Lawyers Cooperative Publishing Company (Lawyers Co-op)
11. The subsequent history of the cited case must be included in the citation
when a case has been affirmed - reversed or modified on appeal
The first ninety volumes of United States Reports originally were compiled by seven successive - private reporters
To locate Cases
To determine whether a particular statute has been ruled unconstitutional by a court - one may use
12. 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
Federal Register (Fed. Reg.)
U.S. Supreme Court Reporting
components of a standard case citation
United States Constitution
13. The rules and regulations of federal administrative agencies are cited either to the Code of Federal Regulations (arranged by topic and cited as C.F.R.) or to the Federal Register (arranged chronologically and cited as Fed. Reg.).
Administrative Law
procedural law
sequence of citations
precedent
14. 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
restatement (of law)
components of a Federal Register citation
West Publishing Company (West)
Executive orders are
15. Within the federal system - the chronologically published rules and regulations of administrative agencies
Federal Register (Fed. Reg.)
Lawyers-Cooperative Publishing Co.
official publication of law
Until 1932 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in
16. USOC - also known as the Blue Book - is universally accepted authority on legal citations - which is published jointly by the law reviews of Columbia - Harvard - the University of Pennsylvania - and Yale Law Schools.
American Digest System indexes and classifies all case law
sequence of citations
statement of facts
A Uniform System of Citation
17. A proposed legislative measure
bill
court decision
Cases decided by the U.S. Court of International Trade ( formerly the U.S. Customs Court) are...
rules of procedure - local court rules - executive orders - administrative regulations: all represent
18. Supplement volumes or pocket part supplements should be used
correct Constitutional article citation
to update the status of a particular statute
en banc
correct Statutes at Large citation
19. Official case reporter for the U.S. Supreme Court
South Western Reporter (S.W. or S.W.2d)
components of a legal encyclopedia citation
constitutional law
United States Reports
20. 1. volume number of Fed. Reg.2. abbreviation for Federal Register 3. page number where administrative rule begins; and 4. year of publication
when a case has been affirmed - reversed or modified on appeal
Shepard's Citations
components of a Federal Register citation
Pacific Reporter (P. or P.2d)
21. 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
A.L.R. Quick Index
United States District Courts case reporters
substantive law
components of United States Code citation
22. But they are required for home state cases when parallel citations exist
North Eastern Reporter (N.E. or N.E.2d)
parallel citations generally are not provided for federal cases
Citation
To locate Statutes and Constitutions
23. A syllabus of the court
Digests are compilations of case law
U.S. Reports contains
summarize judicial opinions
A.L.R.3d
24. Refers to a previously cited authority. May not be used to refer to constitutions - statutes - or cases previously cited in full in legal memoranda and briefs; however - it may be used in genearl text - in books - and in law review articles.
A.L.R.2d
Supra
statutory law
treatise
25. The method used to determine whether a case still is good law is to check the citation in the appropriate set of Shepard's Citations.
holding
Shepardizing
Case citation - business names
slip opinion
26. 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
when a case has been affirmed - reversed or modified on appeal
Headnotes in the American Digest System
Cases decided by the U.S. Court of International Trade ( formerly the U.S. Customs Court) are...
rules of procedure - local court rules - executive orders - administrative regulations: all represent
27. 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.
digest
American Law Reports (A.L.R.) is filled with
Dicennial
if a researcher knows the date when a federal statute was adopted the
28. The publication where rules and regulations of administrative agencies are codified
Code of Federal Regulations (C.F.R.)
State Courts
The signal 'infra' is used in legal memoranda and briefs
components of Statutes at Large citation
29. 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
American Digest System indexes and classifies all case law
See generally
precedent
State Courts
30. (Dallas - Cranch - Wheaton - Peters - Howard - Black - and Wallace) - which were cited - for example - 1 Dall. 233.
Southern Reporter (So. or So.2d)
Supreme Court Reporter
The first ninety volumes of United States Reports originally were compiled by seven successive - private reporters
United States Code is
31. 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
on the record
sequence of citations
key number system
An unofficial publication is any publication
32. Ratio decidendi- court's reasoning or basis for its holding and decision
codified
rationale
official publication of law
Code of Federal Regulations (C.F.R.)
33. Into seven regions.
components of a legal encyclopedia citation
To determine whether a particular statute has been ruled unconstitutional by a court - one may use
The National Reporter System divides the country
parallel citations generally are not provided for federal cases
34. Caption - date of decision - parallel citations - headnote or syllabus - statement of facts - opinion - holding - rationale - dicta - decision
Case citation - federal government
rationale
elements of a reported case
components of law review citation
35. Slip opinions collected and published periodically in a softbound or looseleaf format (in advance of the next bound volume of the case reporter series).
A.L.R.3d
advance sheets
primary authority
majority opinion
36. Published by Lawyers Co-op
To locate Statutes and Constitutions
United States Code Service (U.S.C.S.)
American Law Reports (A.L.R.) selects and publishes
Index
37. 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
To locate Cases
U.S. Supreme Court Case Reporters
The signal 'supra' is used in law review articles and other textual material (but not in legal memoranda and not in briefs)
correct United States Code citation
38. Fed. R. Evid. 401
slip opinion
Procedural Rules - Rule 401 of the Federal Rules of Evidence
summarize statute topics
A.L.R. (sometimes called A.L.R. First)
39. 15 U.S.C.
slip opinion
Pacific Reporter (P. or P.2d)
correct United States Code citation
To locate Cases
40. The Federal Reporter
To locate Statutes and Constitutions
The typical case reporter contains either a separate section or a separate volume
Until 1932 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in
components of Statutes at Large citation
41. Remark - note - or commentary intended to illustrate or explain.
unofficial publication of law
Annotation
A.L.R.3d
American Digest System
42. 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
In a petition for writ of certiorari to the United States Supreme Court - the name of the appellant appears first in the case caption
parallel citations generally are not provided for federal cases
United States Code is
components of law review citation
43. Decisions concerning federal rules of procedure
Before 1924 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in...
rationale
Procedural Rules - Rule 401 of the Federal Rules of Evidence
F.R.D. contains...
44. Devoted to a table of cases and a descriptive word index.
The typical case reporter contains either a separate section or a separate volume
United States Code is
The first ninety volumes of United States Reports originally were compiled by seven successive - private reporters
Shepard's Citations
45. Case reports - published by West - that divides the United States into seven geographical regions and reports the decisions of the highest appellate court of each state within that region.
components of United States Code citation
the reporter in which federal trial court opinions are contained
Code of Federal Regulations is an
National Reporter System
46. Brief summary of facts of case - including its procedural posture
Executive orders are
correct legal encyclopedia citation
statement of facts
precedent
47. Arkansas - Kentucky - Missouri - Tennessee - Texas - and Indian Territories
Statutes at Large is
Parallel citations
North Western Reporter (N.W. or N.W.2d)
South Western Reporter (S.W. or S.W.2d)
48. Products of West Legal Studies
Case citation - all other administrative agencies
National Reporter System and American Digest System are...
primary authority
precedent
49. F.Supp
annotations
components of an A.L.R. citation
the reporter in which federal trial court opinions are contained
digest
50. 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
precedent
de novo on record
A Uniform System of Citation
Cf.