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Legal Research

Subject : law
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. Is used in legal memoranda and briefs to indicate the full citation for the case follows at a later point in the memorandum or brief






2. Ratio decidendi- court's reasoning or basis for it sholding and decision






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






4. (primary law - secondary law - encyclopedia - or other) issued by a private - non-government publisher.






5. Compiled chronologically






6. Alabama - Florida - Louisiana - and Mississippi






7. Govern the types of evidence that are admissible in criminal and civil trials and - in some situations - the manner in which the evidence can be presented during trial






8. Name of the appellant






9. Iowa - Michigan - Minnesota - Nebraska - North Dakota - South Dakota - and Wisconsin






10. Headnotes in the American Digest System are cataloged in this manner: Thing - Action - Relief - Parties






11. 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






12. Published by Lawyers Co-op






13. But they are required for home state cases when parallel citations exist






14. Advance sheet published by Commerce Clearing House






15. 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






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






17. Ritches Jr. v. Li - 665 F. Supp. 139 (E.D.Pa. 1991).






18. The most comprehensive collection of legal citators.

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19. Contains recent decisions of the United States Supreme Court






20. Govern the form and procedure for appeals from the U.S. District Court to the Court of Appeals within the federal system






21. Federal Supplement (F. Supp.) - Federal Reporter - Second Series (F.2d) - Federal Reporter (F.) - Federal Cases (F. Cas.) - all unofficial and all published by West






22. The entire court participates rather than the permissible quorum. This does not mean that the entire court agrees on the outcome - however.






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






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






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






26. F.Supp






27. Statutory law






28. Supra

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29. What federal session laws are codified and published in






30. As session laws






31. 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'






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






33. 48 Fed. Reg. 37 -315 (1983).






34. Primary authority






35. The publication where rules and regulations of administrative agencies are codified






36. W. Weitz - Nocturnal Crimes - 20 Brooklyn L. Rev. 180 (1992).






37. Often provide case citations upon which a definition is based. A couple of them are Black's Law _____ and Ballantine's Law _____.






38. Signal used to indicate page numbers in another reporter






39. Encyclopedia






40. United States Reports






41. 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.






42. Summarized statute topics






43. Official publication






44. Freedom of Information Act - 46 U.S.C. A 89 (1973).






45. Virginia Koerselman - Comment - Worker's Compensation - 15 Creighton L. Rev. 415 (1981).






46. 1. the title (chapter) number 2. abbreviation for the Code of Federal Regulation 3. section number symbol and the section number; and 4. year of publication






47. Is used in the first 50 volumes of the United States Reports plus all unofficial reporters of Supreme Court decisions






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






49. Congressional Record will provide the most direct access to the text of the statute






50. Presidential proclamations