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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. Infra
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2. The court's explanatory comments - which can included the holding - the rationale for the holding - and dicta
digests typically
court opinion
Before 1924 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in
The American Digest System is sometimes called the ____________ and uses the key number system.
3. Summarize statute topics
correct citation of Statutes at Large
South Western Reporter (S.W. or S.W.2d)
Digests summarize judicial decisions - while indexes...
substantive law
4. 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
An unofficial publication is any publication
_____________ is an official publication
Statutes are published as session laws...
components of a Code of Federal Regulations citation
5. Pleadings - transcript of trial testimony - and exhibits
The record of a court case includes
see - e.g.
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
to update the status of a particular statute
6. Illinois - Indiana - Massachusetts - New York - and Ohio
slip law
correct legal encyclopedia citation
key number system
North Eastern Reporter (N.E. or N.E.2d)
7. Often provide case citations upon which a definition is based. A couple of them are Black's Law _____ and Ballantine's Law _____.
correct standard case citation
___________ is an official publication that includes all laws enacted by Congress.
These represent secondary authority
legal dictionaries
8. Govern the way in which a defendant is charged - tried - and sentenced for a federal crime
When an appellate court reviews a case de novo on record - it...
Federal Rules of Criminal Procedure
components of a standard case citation
if a researcher knows the date when a federal statute was adopted the
9. Brief summary of facts of case - including its procedural posture
A Decennial Digest is part of the..
statement of facts
elements of a reported case
opinion
10. The Federal Reporter
The Federal Supplement contains only ________________ of federal district courts across the country.
legal encyclopedias
Until 1932 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in...
key number system
11. Freedom of Information Act - 46 U.S.C. A 89 (1973).
incorrect United States Code citation
slip law
restatement of law - encyclopedia - law review article - treatise: all represent...
restatements of law
12. 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
key number system
precedent
procedural law
National Reporter System
13. Primary authority
rules of procedure - local court rules - executive orders - administrative regulations: all represent...
correct Federal Register citation
opinion
headnote or syllabus
14. United States Supreme Court Reports - Lawyers' Edition
incorrect citation of a law review article
reporter of Supreme Court decisions that contains summaries of the briefs of counsel
secondary authority
components of a standard case citation
15. Persuasive legal authority that consists of law from other jurisdictions - legal encyclopedias - American Law Reports - restatements of law - dictionaries - treatises and periodicals
dissenting opinion
secondary authority
_____________ is an official publication
Federal Rules of Criminal Procedure
16. Avery v. Exxon Co. - 397 U.S. 812 (1991).
correct standard case citation
South Western Reporter (S.W. or S.W.2d)
opinion
bill
17. The cited authority directly supports the proposition; other authorities also could have been cited but were not cited to avoid duplication
National Reporter System
concurring opinion
United States Supreme Court Reports - Lawyers' Edition
see - e.g.
18. 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
United States Law Week (U.S.L.W)
legal dictionaries
F.R.D. contains...
de novo on record
19. Federal Cases
correct citation of Statutes at Large
Executive orders are...
slip opinion
Before 1924 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in
20. Legal encyclopedia published by Lawyers Co-op
Federal rules and procedures are...
United States Courts of Appeals case reporters
American Jurisprudence - Second Series (Am. Jur. 2d)
U.S. Reports contains
21. Anew - from the beginning - the case is tried in the appellate court as if it had not been tried previously - and witness are allowed to testify.
de novo
Federal rules and procedures are...
American Jurisprudence is a...
Southern Reporter (So. or So.2d)
22. What federal session laws are codified and published in
United States Code (U.S.C.)
headnote or syllabus
United States Supreme Court Bulletin
star paging
23. If the same case is published in another case reporter - the volume and page number of that reporter is shown
components of a standard case citation
see - e.g.
United States Code Annotated (U.S.C.A.)
parallel citation
24. 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
correct law review citation
cf.
components of a legal encyclopedia citation
The _______________ contains either a separate section or a separate volume devoted to a table of cases and a descriptive word index.
25. 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
components of and A.L.R. citation
stare decisis
contra
court decision
26. Legal dictionary - treatise - restatement of law - encyclopedia
parallel citation
An annotation is
These represent secondary authority
components of a Federal Register citation
27. F.Supp
South Eastern Reporter (S.E. or S.E.2d)
Executive orders are...
West Publishing Company (West)
the reporter in which federal trial court opinions are contained
28. United States Reports
Pacific Reporter (P. or P.2d)
Southern Reporter (So. or So.2d)
correct A.L.R. citation
_____________ is an official publication
29. Digest topic
A scope note tells a researcher coverage of a particular...
the signal infra
U.S. Supreme court case reporters
court decision
30. An explanatory note
An annotation is
correct Code of Federal Regulations citation
American Jurisprudence - Second Series (Am. Jur. 2d)
Federal Rules of Appellate Procedure
31. 48 Fed. Reg. 37 -315 (1983).
incorrect legal dictionary citation
correct Federal Register citation
most correct definition of star paging
Executive orders are...
32. A bill that has been adopted into a law but has been printed singly rather than as a part of a group of laws
The Federal Register - The Code of Federal Regulations - The United States Code are...
A scope note tells a researcher coverage of a particular...
Statutes at Large is
slip law
33. Advance sheet published weekly by the Bureau of National Affairs
decision
incorrect citation of a law review article
United States Law Week (U.S.L.W)
Supreme Court Reporter is cited as
34. Summarized statute topics
constitutional law
indexes typically
Statutes at Large (Stat.)
When an appellate court reviews a case de novo on record - it...
35. Statutes at Large
opinion
___________ is an official publication that includes all laws enacted by Congress.
A.L.R. is filled with...
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.
36. The entire court participates rather than the permissible quorum. This does not mean that the entire court agrees on the outcome - however.
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.
see generally
United States Reports is cited as
en banc
37. Reviews the record for errors of law and reaches its own factual finding.
F.R.D. contains...
the signal infra
parallel citations generally are not provided for federal cases
When an appellate court reviews a case de novo on record - it...
38. 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.
date of decision
A decision of an administrative agency is classified as...
Cases decided by the U.S. Court of International Trade ( formerly the U.S. Customs Court) are _______________ in the Federal Supplement.
substantive law
39. Caption - date of decision - parallel citations - headnote or syllabus - statement of facts - opinion - holding - rationale - dicta - decision
Pacific Reporter (P. or P.2d)
components of United States Code citation
elements of a reported case
Federal Register (Fed. Reg.)
40. Typical case reporter
parallel citation
The _______________ contains either a separate section or a separate volume devoted to a table of cases and a descriptive word index.
treatise
Southern Reporter (So. or So.2d)
41. 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'
memorandum opinion
statutory law
on the record
correct citation of a Constitutional amendment
42. Case law - or judicial opinion - that articulates common law principles
common law
Federal Rules of Civil Procedure
West Publishing Company (West)
Shepard's Citations
43. Mandatory legal authority that consists of constitutions - statutes - case law - rules of procedure - rules of evidence - administrative rules - court rules - executive orders
primary authority
when a case has been affirmed - reversed or modified on appeal
cf.
incorrect United States Code citation
44. The most comprehensive collection of legal citators.
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45. 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
restatement of law - encyclopedia - law review article - treatise: all represent...
incorrect citation of a law review article
legal dictionaries
46. Connecticut - Delaware - D.C. (Court of Appeals) - Maine - Maryland - New Hampshire - New Jersey - Pennsylvania - Rhode Island - and Vermont
_____________ is an official publication
Atlantic Reporter (A. or A.2d)
Cases decided by the U.S. Court of International Trade ( formerly the U.S. Customs Court) are _______________ in the Federal Supplement.
Until 1932 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in...
47. Supra
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48. Encyclopedias that are arranged alphabetically and contain narrative - expository information on a variety of legal topics. published by West and Lawyers Co-op
substantive law
majority opinion
These represent secondary authority
legal encyclopedias
49. 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
United States Courts of Appeals case reporters
North Eastern Reporter (N.E. or N.E.2d)
annotations
Supreme Court Reporter is cited as
50. Statutes at Large
majority opinion
United States Code Annotated (U.S.C.A.)
Federal session laws may be found in...
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.