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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. Often provide case citations upon which a definition is based. A couple of them are Black's Law _____ and Ballantine's Law _____.
legal dictionaries
memorandum opinion
The Federal Register - The Code of Federal Regulations - The United States Code are...
The Federal Supplement contains only ________________ of federal district courts across the country.
2. Ballantine's Law Dictionary 41 (3rd ed. 1969).
official publication of law
United States Code Annotated (U.S.C.A.)
primary authority
incorrect legal dictionary citation
3. The cited authority directly supports the proposition; other authorities also could have been cited but were not cited to avoid duplication
Atlantic Reporter (A. or A.2d)
see - e.g.
___________ is an official publication that includes all laws enacted by Congress.
Federal Rules of Civil Procedure
4. Federal Rules Decisions
en banc
Case law concerning federal rules of procedure is collected in
the principles stated in opinions of judges - to be followed in future cases - are called
The official reporter of the U. S. Supreme Court is...
5. Legal encyclopedia published by West
components of a standard case citation
Corpus Juris Secundum (C.J.S.)
procedural law
advance sheets
6. Type of law consisting of legislative enactments called statutes at federal level and ordinances at state levels.
components of and A.L.R. citation
annotations
F.R.D. contains...
statutory law
7. 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
de novo on record
United States Code is
elements of a reported case
when a case has been affirmed - reversed or modified on appeal
8. 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
to update the status of a particular case
memorandum opinion
precedent
A.L.R. is filled with...
9. A single-volume text written by a legal scholar in a given topic area
advance sheets
elements of a reported case
Until 1932 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in...
treatise
10. The court's ruling or disposition of the case (whether affirmed - reversed - remanded - or dismissed)
court decision
correct citation of a Constitutional amendment
key number system
When an appellate court reviews a case de novo on record - it...
11. 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
To determine whether a particular statute has been ruled unconstitutional by a court - one may use...
annotations
cf.
de novo on record
12. A proposed legislative measure
bill
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.
United States Reports is cited as
Corpus Juris Secundum (C.J.S.)
13. 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.
parallel citation
treatise
reporter of Supreme Court decisions that contains summaries of the briefs of counsel
substantive law
14. Published by Lawyers Co-op
South Western Reporter (S.W. or S.W.2d)
de novo on record
A.L.R. is filled with...
United States Code Service (U.S.C.S.)
15. If the same case is published in another case reporter - the volume and page number of that reporter is shown
parallel citation
A scope note tells a researcher coverage of a particular...
Atlantic Reporter (A. or A.2d)
official publication of law
16. Statutes that are collected into a statutory code that are arranged by topic
constitutional law
codified
Lawyers-Cooperative Publishing Co.
components of a standard case citation
17. Congressional Record will provide the most direct access to the text of the statute
South Western Reporter (S.W. or S.W.2d)
if a researcher knows the date when a federal statute was adopted the
Statutes are published as session laws...
on the record
18. Alaska - Arizona - California - Colorado - Hawaii - Idaho - Kansas - Montana - Nevada - New Mexico - Oklahoma - Oregon - Utah - Washington - and Wyoming
Pacific Reporter (P. or P.2d)
incorrect citation of a law review article
majority opinion
South Eastern Reporter (S.E. or S.E.2d)
19. 88 C.J.S. Trial A 107 (1980).
headnote or syllabus
see - e.g.
correct legal encyclopedia citation
when a case has been affirmed - reversed or modified on appeal
20. Legal encyclopedia published by Lawyers Co-op
United States Law Week (U.S.L.W)
correct A.L.R. citation
These represent secondary authority
American Jurisprudence - Second Series (Am. Jur. 2d)
21. Identifies the court issuing the opinion - the parties - and the docket number assigned to the case
caption
procedural law
Cases decided by the U.S. Court of International Trade ( formerly the U.S. Customs Court) are _______________ in the Federal Supplement.
Lawyers-Cooperative Publishing Co.
22. United States Reports
United States Supreme Court Reports - Lawyers' Edition is cited as
These represent secondary authority
The official reporter of the U. S. Supreme Court is...
correct law review citation
23. F.Supp
Federal session laws may be found in...
correct Federal Register citation
Secondary authorities are those that contain a general commentary on or...
the reporter in which federal trial court opinions are contained
24. A very brief opinion; a cursory opinion; an opinion so abbreviated that it is hardly an opinion at all
rationale
memorandum opinion
United States Reports is cited as
Federal rules and procedures are...
25. Published by West
correct Code of Federal Regulations citation
dicta
incorrect case citation
United States Code Annotated (U.S.C.A.)
26. Sometimes called adjective law - it prescribes the manner in which substantive laws must be enforced.
procedural law
An annotation is
restatement of law - encyclopedia - law review article - treatise: all represent...
West Publishing Company (West)
27. Headnotes in the American Digest System are cataloged in this manner: Thing - Action - Relief - Parties
TARP method
Statutes are published as slip laws before they are published...
parallel citations generally are not provided for federal cases
correct citation of Statutes at Large
28. Virginia Koerselman - Comment - Worker's Compensation - 15 Creighton L. Rev. 415 (1981).
Statutes at Large (Stat.)
incorrect citation of a law review article
see generally
correct law review citation
29. The cited authority contradicts the proposition stated in the memorandum
caption
restatements of law
contra
slip law
30. Reviews the record for errors of law and reaches its own factual finding.
When an appellate court reviews a case de novo on record - it...
The _______________ contains either a separate section or a separate volume devoted to a table of cases and a descriptive word index.
parallel citations generally are not provided for federal cases
correct citation of a Constitutional article
31. Mandatory legal authority that consists of constitutions - statutes - case law - rules of procedure - rules of evidence - administrative rules - court rules - executive orders
Federal Rules of Civil Procedure
primary authority
common law
caption
32. Supra
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33. All slip laws enacted during a legislative session that are arranged in chronological order according to date of enactment
components of a standard case citation
legal dictionaries
session laws
codified
34. 15 U.S.C. A 7 (1988).
correct citation of Statutes at Large
A scope note tells a researcher coverage of a particular...
correct citation of United States Code
___________ is an official publication that includes all laws enacted by Congress.
35. 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'
These represent secondary authority
United States Reports is cited as
on the record
decision
36. Summarize judicial opinions
United States Supreme Court Reports - Lawyers' Edition
A.L.R. is filled with...
digests typically
_______________ are published in the Statutes at Large.
37. How civil actions are handled - including rules that cover the complaint - summons - answer - discovery process - trial - and post-trial procedures
court opinion
Federal Rules of Civil Procedure
United States Code is
components of a legal encyclopedia citation
38. Advance sheet published weekly by the Bureau of National Affairs
components of a standard case citation
Shepard's Citations
United States Law Week (U.S.L.W)
Lawyers-Cooperative Publishing Co.
39. Restatement (of law)
Digests summarize judicial decisions - while indexes...
decision
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
A Decennial Digest is part of the..
40. Illinois - Indiana - Massachusetts - New York - and Ohio
The record of a court case includes
North Eastern Reporter (N.E. or N.E.2d)
American Law Reports
constitutional law
41. 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
The American Digest System indexes and classifies all case law - both...
United States Reports
correct citation of United States Code
42. Compiled chronologically
Federal Register (Fed. Reg.)
separation of powers
de novo
Statutes at Large is
43. Contains recent decisions of the United States Supreme Court
U.S. Law Week
correct A.L.R. citation
per curiam opinion
Pacific Reporter (P. or P.2d)
44. Opinion of the entire court (all judges who heard the case) - as opposed to an opinion written by a specific judge
North Western Reporter (N.W. or N.W.2d)
secondary authority
per curiam opinion
cf.
45. An unofficial publication of law that is known for its extensive use of annotations
treatise
annotations
Lawyers Cooperative Publishing Company (Lawyers Co-op)
majority opinion
46. The three branches of government that make up each legal system- legislative - judicial and executive
Until 1932 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in...
separation of powers
The official reporter of the U. S. Supreme Court is...
C.J.S uses...
47. Alabama - Florida - Louisiana - and Mississippi
key number system
legal dictionaries
Southern Reporter (So. or So.2d)
most correct definition of star paging
48. Supplement volumes or pocket part supplements should be used
Shepard's Citations
to update the status of a particular case
American Jurisprudence - Second Series (Am. Jur. 2d)
to update the status of a particular statute
49. S.Ct.
U.S. Reports contains
primary authority
Supreme Court Reporter is cited as
precedent
50. 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
restatements of law
caption
dissenting opinion
incorrect United States Code citation