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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. Typical case reporter
If a researcher wants to check the current status of a case - he or she should use...
Federal session laws may be found in...
correct Code of Federal Regulations citation
The _______________ contains either a separate section or a separate volume devoted to a table of cases and a descriptive word index.

2. Statutes at Large
___________ is an official publication that includes all laws enacted by Congress.
correct citation of a Constitutional amendment
The National Reporter System and the American Digest System are...
concurring opinion

3. The three branches of government that make up each legal system- legislative - judicial and executive
en banc
separation of powers
elements of a reported case
correct Code of Federal Regulations citation

4. 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
The Federal Register - The Code of Federal Regulations - The United States Code are...
United States District Courts case reporters
de novo on record
The record of a court case includes

5. 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
secondary authority
en banc
official publication of law

6. Official publication
The Federal Register - The Code of Federal Regulations - The United States Code are...
caption
dicta
correct law review citation

7. 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.
Lawyers Cooperative Publishing Company (Lawyers Co-op)
substantive law
United States Courts of Appeals case reporters
United States Code Annotated (U.S.C.A.)

8. Published by West
indexes typically
United States Code Annotated (U.S.C.A.)
procedural law
United States Code (U.S.C.)

9. Unofficial U.S. Supreme Court case reporter published by West
incorrect citation of a law review article
incorrect United States Code citation
Supreme Court Reporter
components of Statutes at Large citation

10. Secondary authority
The American Digest System is sometimes called the ____________ and uses the key number system.
components of law review citation
The signal '_____' is used in law review articles and other textual material (but not in legal memoranda and not in briefs) to indicate that the full citation for the case was given previously.
restatement of law - encyclopedia - law review article - treatise: all represent...

11. Encyclopedias that are arranged alphabetically and contain narrative - expository information on a variety of legal topics. published by West and Lawyers Co-op
An unofficial publication is any publication
A.L.R. is filled with...
Until 1932 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in...
legal encyclopedias

12. The cited authority presents helpful background information about the proposition
session laws
see generally
codified
components of a Code of Federal Regulations citation

13. Rule of law for which the case is cited as precedent; it is the legal effect of the facts of the case
holding
Shepard's Citations
United States Reports
Cases decided by the U.S. Court of International Trade ( formerly the U.S. Customs Court) are _______________ in the Federal Supplement.

14. The cited authority directly supports the proposition; other authorities also could have been cited but were not cited to avoid duplication
dicta
Corpus Juris Secundum (C.J.S.)
correct legal encyclopedia citation
see - e.g.

15. Is used in the first 50 volumes of the United States Reports plus all unofficial reporters of Supreme Court decisions
statutory law
_____________ is an official publication
United States Supreme Court Bulletin
star paging

16. Virginia Koerselman - Comment - Worker's Compensation - 15 Creighton L. Rev. 415 (1981).
unofficial publication of law
United States Law Week (U.S.L.W)
South Eastern Reporter (S.E. or S.E.2d)
correct law review citation

17. 88 C.J.S. Trial A 107 (1980).
An unofficial publication is any publication
correct legal encyclopedia citation
rationale
on the record

18. The date upon which the decision was rendered
correct Code of Federal Regulations citation
The National Reporter System and the American Digest System are...
Corpus Juris Secundum (C.J.S.)
date of decision

19. Federal Cases
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.
Before 1924 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in
Code of Federal Regulations (C.F.R.)
South Eastern Reporter (S.E. or S.E.2d)

20. Result or disposition of the case
South Western Reporter (S.W. or S.W.2d)
precedent
decision
Atlantic Reporter (A. or A.2d)

21. Reviews the record for errors of law and reaches its own factual finding.
de novo
When an appellate court reviews a case de novo on record - it...
precedent
decision

22. F.Supp
Lawyers-Cooperative Publishing Co.
United States Supreme Court Bulletin
the reporter in which federal trial court opinions are contained
session laws

23. Restatement (of law)
Federal Rules of Appellate Procedure
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
unofficial publication of law
official publication of law

24. 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
United States Code (U.S.C.)
elements of a reported case
stare decisis
_______ are compilations of case law for a particular reporter or a particular group of reporters.

25. 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
Statutes are published as slip laws before they are published...
United States Code Annotated (U.S.C.A.)
substantive law
cf.

26. Seven
The National Reporter System divides the country into _____ regions.
en banc
treatise
Federal session laws may be found in...

27. Contains recent decisions of the United States Supreme Court
correct law review citation
U.S. Law Week
American Jurisprudence - Second Series (Am. Jur. 2d)
unofficial publication of law

28. American Digest System
primary authority
A Decennial Digest is part of the..
treatise
components of and A.L.R. citation

29. Avery v. Exxon Co. - 397 U.S. 812 (1991).
TARP method
The official reporter of the U. S. Supreme Court is...
correct standard case citation
The National Reporter System and the American Digest System are...

30. The West key number system
decision
C.J.S uses...
per curiam opinion
_____________ is an official publication

31. Federal Supplement (F. Supp.) - Federal Reporter - Second Series (F.2d) - Federal Reporter (F.) - Federal Cases (F. Cas.) - all unofficial and all published by West
U.S. Supreme court case reporters
United States District Courts case reporters
Federal session laws may be found in...
Secondary authorities are those that contain a general commentary on or...

32. Alabama - Florida - Louisiana - and Mississippi
parallel citations generally are not provided for federal cases
rules of procedure - local court rules - executive orders - administrative regulations: all represent...
Southern Reporter (So. or So.2d)
advance sheets

33. Summarize statute topics
de novo
Digests summarize judicial decisions - while indexes...
correct citation of Statutes at Large
correct standard case citation

34. Congressional Record will provide the most direct access to the text of the statute
American Jurisprudence - Second Series (Am. Jur. 2d)
U.S. Supreme court case reporters
if a researcher knows the date when a federal statute was adopted the
the signal infra

35. Persuasive legal authority that consists of law from other jurisdictions - legal encyclopedias - American Law Reports - restatements of law - dictionaries - treatises and periodicals
Federal Rules of Appellate Procedure
see - e.g.
secondary authority
North Western Reporter (N.W. or N.W.2d)

36. Ballantine's Law Dictionary 41 (3rd ed. 1969).
correct A.L.R. citation
opinion
components of a Code of Federal Regulations citation
incorrect legal dictionary citation

37. Primary authority
American Jurisprudence is a...
rules of procedure - local court rules - executive orders - administrative regulations: all represent...
correct Federal Register citation
A decision of an administrative agency is classified as...

38. 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
annotations
de novo on record
the signal infra
rationale

39. An explanatory note
components of a standard case citation
An annotation is
the principles stated in opinions of judges - to be followed in future cases - are called
The American Digest System is sometimes called the ____________ and uses the key number system.

40. Statutes that are collected into a statutory code that are arranged by topic
The record of a court case includes
components of a Code of Federal Regulations citation
Federal Register (Fed. Reg.)
codified

41. Supplement volumes or pocket part supplements should be used
Southern Reporter (So. or So.2d)
to update the status of a particular statute
codified
_______________ are published in the Statutes at Large.

42. When an official body authorizes and directs the collection and publication of law
official publication of law
North Western Reporter (N.W. or N.W.2d)
secondary authority
National Reporter System

43. Digests
legal encyclopedias
reporter of Supreme Court decisions that contains summaries of the briefs of counsel
legal dictionaries
_______ are compilations of case law for a particular reporter or a particular group of reporters.

44. Arkansas - Kentucky - Missouri - Tennessee - Texas - and Indian Territories
South Western Reporter (S.W. or S.W.2d)
An unofficial publication is any publication
_______________ are published in the Statutes at Large.
components of a standard case citation

45. 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
correct citation of a Constitutional amendment
components of a Code of Federal Regulations citation
key number system
Digests summarize judicial decisions - while indexes...

46. Ratio decidendi- court's reasoning or basis for it sholding and decision
Digests summarize judicial decisions - while indexes...
rationale
correct Federal Register citation
components of a Federal Register citation

47. 1. volume number of Fed. Reg. 2. abbreviation for Federal Register 3. page number where administrative rule begins; and 4. year of publication
components of a standard case citation
American Law Reports
United States Law Week (U.S.L.W)
components of a Federal Register citation

48. Advance sheet published weekly by the Bureau of National Affairs
constitutional law
The official reporter of the U. S. Supreme Court is...
elements of a reported case
United States Law Week (U.S.L.W)

49. 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
Statutes are published as session laws...
United States Courts of Appeals case reporters
restatements of law
legal encyclopedias

50. S.Ct.
_______________ are published in the Statutes at Large.
constitutional law
Supreme Court Reporter is cited as
Secondary authorities are those that contain a general commentary on or...