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Test your basic knowledge |
Legal Research
Start Test
Study First
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. Statutory law
Federal Rules of Evidence
The Federal Supplement contains only ________________ of federal district courts across the country.
Federal rules and procedures are...
United States Reports
2. Opinion of the entire court (all judges who heard the case) - as opposed to an opinion written by a specific judge
The official reporter of the U. S. Supreme Court is...
per curiam opinion
primary authority
correct citation of United States Code
3. 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.
concurring opinion
Supreme Court Reporter
en banc
South Western Reporter (S.W. or S.W.2d)
4. 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'
restatements of law
on the record
correct Federal Register citation
Federal rules and procedures are...
5. Official publication
precedent
on the record
The Federal Supplement contains only ________________ of federal district courts across the country.
The Federal Register - The Code of Federal Regulations - The United States Code are...
6. The cited authority presents helpful background information about the proposition
see generally
dissenting opinion
statutory law
North Western Reporter (N.W. or N.W.2d)
7. Result or disposition of the case
The National Reporter System and the American Digest System are...
decision
_______________ are published in the Statutes at Large.
caption
8. The court's explanatory comments - which can included the holding - the rationale for the holding - and dicta
United States Code is
incorrect case citation
Lawyers-Cooperative Publishing Co.
court opinion
9. U.S.
secondary authority
the reporter in which federal trial court opinions are contained
United States Reports is cited as
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 are
10. Caption - date of decision - parallel citations - headnote or syllabus - statement of facts - opinion - holding - rationale - dicta - decision
Atlantic Reporter (A. or A.2d)
slip law
elements of a reported case
To determine whether a particular statute has been ruled unconstitutional by a court - one may use...
11. Published by the American Law Institute - it collects and distills the primary - general rules in a given legal topic area- what the rules are and sometime what the committee believes they ought to be. It also provides explanations of the rules and g
precedent
opinion
majority opinion
restatements of law
12. S.Ct.
North Eastern Reporter (N.E. or N.E.2d)
South Western Reporter (S.W. or S.W.2d)
Supreme Court Reporter is cited as
cf.
13. Govern the way in which a defendant is charged - tried - and sentenced for a federal crime
Federal Rules of Criminal Procedure
to update the status of a particular case
Federal Rules of Civil Procedure
In a petition for writ of certiorari to the United States Supreme Court - the _______________ appears first in the case caption - regardless of how the caption may have been shown in the lower courts.
14. 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
components of a standard case citation
The signal '_____' 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.
session laws
incorrect citation of a law review article
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.
components of Statutes at Large citation
when a case has been affirmed - reversed or modified on appeal
de novo
National Reporter System
16. Shepard's Citations - statute edition
To determine whether a particular statute has been ruled unconstitutional by a court - one may use...
In a petition for writ of certiorari to the United States Supreme Court - the _______________ appears first in the case caption - regardless of how the caption may have been shown in the lower courts.
The _______________ contains either a separate section or a separate volume devoted to a table of cases and a descriptive word index.
Federal Register (Fed. Reg.)
17. The cited authority directly supports the proposition; other authorities also could have been cited but were not cited to avoid duplication
These represent secondary authority
see - e.g.
sequence of citations
rationale
18. Encyclopedia
American Jurisprudence is a...
An annotation is
parallel citation
United States Supreme Court Reports - Lawyers' Edition
19. 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
United States Supreme Court Bulletin
holding
components of a legal encyclopedia citation
opinion
20. Legal encyclopedia published by Lawyers Co-op
An annotation is
headnote or syllabus
American Jurisprudence - Second Series (Am. Jur. 2d)
Case law concerning federal rules of procedure is collected in
21. Within the federal system - the chronologically published rules and regulations of administrative agencies
Federal Register (Fed. Reg.)
_____________ is an official publication
majority opinion
concurring opinion
22. Decennial Digest
The American Digest System is sometimes called the ____________ and uses the key number system.
United States Courts of Appeals case reporters
to update the status of a particular case
components of Statutes at Large citation
23. Decisions concerning federal rules of procedure
F.R.D. contains...
U.S. Supreme court case reporters
components of a Federal Register citation
precedent
24. A bill that has been adopted into a law but has been printed singly rather than as a part of a group of laws
In a petition for writ of certiorari to the United States Supreme Court - the _______________ appears first in the case caption - regardless of how the caption may have been shown in the lower courts.
slip law
Case law concerning federal rules of procedure is collected in
advance sheets
25. Arkansas - Kentucky - Missouri - Tennessee - Texas - and Indian Territories
South Western Reporter (S.W. or S.W.2d)
Until 1932 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in...
American Law Reports
Executive orders are...
26. Mandatory legal authority that consists of constitutions - statutes - case law - rules of procedure - rules of evidence - administrative rules - court rules - executive orders
components of and A.L.R. citation
Cases decided by the U.S. Court of International Trade ( formerly the U.S. Customs Court) are _______________ in the Federal Supplement.
United States District Courts case reporters
primary authority
27. Rule of law for which the case is cited as precedent; it is the legal effect of the facts of the case
Lawyers Cooperative Publishing Company (Lawyers Co-op)
United States Code Annotated (U.S.C.A.)
statement of facts
holding
28. An unofficial publication of law that is known for its extensive use of annotations
National Reporter System
primary authority
The American Digest System is sometimes called the ____________ and uses the key number system.
Lawyers Cooperative Publishing Company (Lawyers Co-op)
29. 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
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 are
de novo on record
The National Reporter System and the American Digest System are...
digests typically
30. U.S. Const. art. IV - A 2 - cl. 3.
memorandum opinion
correct citation of a Constitutional article
components of law review citation
rationale
31. Contains recent decisions of the United States Supreme Court
Statutes are published as slip laws before they are published...
see generally
U.S. Law Week
components of a Code of Federal Regulations citation
32. Congressional Record will provide the most direct access to the text of the statute
Southern Reporter (So. or So.2d)
if a researcher knows the date when a federal statute was adopted the
United States District Courts case reporters
session laws
33. The publication where rules and regulations of administrative agencies are codified
Code of Federal Regulations (C.F.R.)
The _______________ contains either a separate section or a separate volume devoted to a table of cases and a descriptive word index.
slip opinion
the signal infra
34. All slip laws enacted during a legislative session that are arranged in chronological order according to date of enactment
separation of powers
In a petition for writ of certiorari to the United States Supreme Court - the _______________ appears first in the case caption - regardless of how the caption may have been shown in the lower courts.
session laws
The Federal Supplement contains only ________________ of federal district courts across the country.
35. Unofficial U.S. Supreme Court case reporter published by Lawyers Co-op
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36. 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
restatement of law - encyclopedia - law review article - treatise: all represent...
United States Code is
the signal infra
Federal Rules of Appellate Procedure
37. Selected decisions
Before 1924 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in
elements of a reported case
The Federal Supplement contains only ________________ of federal district courts across the country.
rules of procedure - local court rules - executive orders - administrative regulations: all represent...
38. F.Supp
To determine whether a particular statute has been ruled unconstitutional by a court - one may use...
correct legal encyclopedia citation
components of Statutes at Large citation
the reporter in which federal trial court opinions are contained
39. Advance sheet published by Commerce Clearing House
restatement of law - encyclopedia - law review article - treatise: all represent...
sequence of citations
An annotation is
United States Supreme Court Bulletin
40. Obiter dictum- comments of the court about minor issues or concerns other than the specific holding - rationale - and decision. Never cited as precedent
the reporter in which federal trial court opinions are contained
Statutes are published as session laws...
components of United States Code citation
dicta
41. 15 U.S.C. A 7 (1988).
correct citation of Statutes at Large
correct citation of United States Code
A Decennial Digest is part of the..
components of Statutes at Large citation
42. 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
components of and A.L.R. citation
American Jurisprudence - Second Series (Am. Jur. 2d)
dissenting opinion
A decision of an administrative agency is classified as...
43. A system where every topic and subtopic is assigned its own key number
constitutional law
stare decisis
rules of procedure - local court rules - executive orders - administrative regulations: all represent...
key number system
44. The Federal Reporter
sequence of citations
Statutes at Large (Stat.)
official publication of law
Until 1932 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in...
45. Unofficial U.S. Supreme Court case reporter published by West
components of and A.L.R. citation
United States Supreme Court Bulletin
Federal Rules of Appellate Procedure
Supreme Court Reporter
46. 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
precedent
to update the status of a particular statute
Corpus Juris Secundum (C.J.S.)
legal encyclopedias
47. What federal session laws are codified and published in
correct legal encyclopedia citation
F.R.D. contains...
United States Code (U.S.C.)
parallel citations generally are not provided for federal cases
48. An explanatory note
Before 1924 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in
Digests summarize judicial decisions - while indexes...
components of a standard case citation
An annotation is
49. Seven
correct standard case citation
incorrect legal dictionary citation
The National Reporter System divides the country into _____ regions.
Statutes are published as session laws...
50. Federal Reporter - Third Series (F.3d) - Federal Reporter - Second Series (F.2d) - Federal Reporter (F.) - Federal Cases (F. Cas.) - all unofficial and all published by West
_____________ is an official publication
The signal '_____' 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.
If a researcher wants to check the current status of a case - he or she should use...
United States Courts of Appeals case reporters