Test your basic knowledge |

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. Court's explanation; includes the holding - rationale - and dicta
The record of a court case includes
Federal Rules of Criminal Procedure
de novo on record
opinion

2. 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
majority opinion
components of a Code of Federal Regulations citation
National Reporter System
primary authority

3. 1. number of the Code title 2. abbreviation for the United States Code 3. section symbol - followed by the number of the Code section; and 4. date of the Code volume in which the most recent version of the section can be found
Lawyers-Cooperative Publishing Co.
correct A.L.R. citation
The official reporter of the U. S. Supreme Court is...
components of United States Code citation

4. 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
restatements of law
components of United States Code citation
annotations
reporter of Supreme Court decisions that contains summaries of the briefs of counsel

5. Shepard's Citations is used
components of a Code of Federal Regulations citation
to update the status of a particular case
parallel citation
common law

6. Supra

7. Health Care Act - Pub. L. 92-117 - 83 Stat. 624 (1987).
correct citation of Statutes at Large
holding
date of 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

8. Type of law consisting of legislative enactments called statutes at federal level and ordinances at state levels.
digests typically
statutory law
North Western Reporter (N.W. or N.W.2d)
___________ is an official publication that includes all laws enacted by Congress.

9. 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.
Secondary authorities are those that contain a general commentary on or...
TARP method
Statutes are published as session laws...
concurring opinion

10. Summarize judicial opinions
incorrect United States Code citation
The American Digest System is sometimes called the ____________ and uses the key number system.
United States Supreme Court Reports - Lawyers' Edition is cited as
digests typically

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
C.J.S uses...
secondary authority
cf.
en banc

12. The West key number system
restatements of law
Until 1932 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in...
C.J.S uses...
_______________ are published in the Statutes at Large.

13. Ratio decidendi- court's reasoning or basis for it sholding and decision
the reporter in which federal trial court opinions are contained
correct citation of Statutes at Large
rationale
North Eastern Reporter (N.E. or N.E.2d)

14. 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'
on the record
correct legal encyclopedia citation
components of a standard case citation
Federal Register (Fed. Reg.)

15. Within the federal system - the chronologically published rules and regulations of administrative agencies
legal dictionaries
Federal Register (Fed. Reg.)
A scope note tells a researcher coverage of a particular...
A Decennial Digest is part of the..

16. Decennial Digest
majority opinion
South Western Reporter (S.W. or S.W.2d)
The American Digest System is sometimes called the ____________ and uses the key number system.
components of a Federal Register citation

17. 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
advance sheets
Secondary authorities are those that contain a general commentary on or...
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.
components of a standard case citation

18. 1. volume number of Fed. Reg. 2. abbreviation for Federal Register 3. page number where administrative rule begins; and 4. year of publication
The American Digest System indexes and classifies all case law - both...
slip opinion
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.
components of a Federal Register citation

19. Precedent
precedent
Lawyers-Cooperative Publishing Co.
the principles stated in opinions of judges - to be followed in future cases - are called
North Eastern Reporter (N.E. or N.E.2d)

20. U.S.
bill
legal encyclopedias
most correct definition of star paging
United States Reports is cited as

21. 15 U.S.C. A 7 (1988).
majority opinion
Supreme Court Reporter
correct citation of United States Code
American Law Reports

22. All slip laws enacted during a legislative session that are arranged in chronological order according to date of enactment
Statutes at Large is
components of law review citation
session laws
secondary authority

23. 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
memorandum opinion
An annotation is
The primary finding tool for statutory law - either state or federal - is...
dissenting opinion

24. Name of the appellant
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 Federal Supplement contains only ________________ of federal district courts across the country.
parallel citations generally are not provided for federal cases
American Law Reports

25. Federal Rules Decisions
Case law concerning federal rules of procedure is collected in
the reporter in which federal trial court opinions are contained
memorandum opinion
Federal Rules of Criminal Procedure

26. Ballantine's Law Dictionary 41 (3rd ed. 1969).
incorrect legal dictionary citation
sequence of citations
correct standard case citation
Federal Rules of Civil Procedure

27. Infra

28. 1. full name of author 2. designation of type of article (required only if written by student); 3. title of article (italicized or underscored) 4. volume number of law review 5. abbreviated name of law review 6. page number where article begins; and
When an appellate court reviews a case de novo on record - it...
Federal Register (Fed. Reg.)
components of law review citation
United States Reports is cited as

29. Summarized statute topics
rationale
The _______________ contains either a separate section or a separate volume devoted to a table of cases and a descriptive word index.
to update the status of a particular case
indexes typically

30. At the close of each legislative term
Statutes are published as session laws...
South Western Reporter (S.W. or S.W.2d)
Corpus Juris Secundum (C.J.S.)
separation of powers

31. Rule of law for which the case is cited as precedent; it is the legal effect of the facts of the case
holding
Corpus Juris Secundum (C.J.S.)
concurring opinion
Southern Reporter (So. or So.2d)

32. Decisions concerning federal rules of procedure
secondary authority
The record of a court case includes
see - e.g.
F.R.D. contains...

33. When an official body authorizes and directs the collection and publication of law
when a case has been affirmed - reversed or modified on appeal
official publication of law
United States Reports is cited as
restatements of law

34. A publication of law that is not specifically authorized or sanctioned by an official body but - rather - is compiled by a private publisher i.e. West Publishing Company (West) and Lawyers Cooperative Publishing Company (Lawyers Co-op)
slip opinion
correct Code of Federal Regulations citation
unofficial publication of law
The primary finding tool for statutory law - either state or federal - is...

35. An unofficial publication of law that is known for its extensive use of annotations
Lawyers Cooperative Publishing Company (Lawyers Co-op)
The _______________ contains either a separate section or a separate volume devoted to a table of cases and a descriptive word index.
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.
Federal Rules of Appellate Procedure

36. L.Ed or L.Ed.2d

37. Alabama - Florida - Louisiana - and Mississippi
Southern Reporter (So. or So.2d)
Atlantic Reporter (A. or A.2d)
North Eastern Reporter (N.E. or N.E.2d)
National Reporter System

38. Persuasive legal authority that consists of law from other jurisdictions - legal encyclopedias - American Law Reports - restatements of law - dictionaries - treatises and periodicals
Statutes at Large (Stat.)
secondary authority
F.R.D. contains...
digests typically

39. Slip opinions collected and published periodically
The _______________ contains either a separate section or a separate volume devoted to a table of cases and a descriptive word index.
United States Supreme Court Bulletin
advance sheets
secondary authority

40. John Willis - Annotation - Industrial Noise: Promoting an Unsafe Work Enviroment - 76 A.L.R. Fed. 489 (1986).
correct A.L.R. citation
rationale
correct citation of United States Code
rules of procedure - local court rules - executive orders - administrative regulations: all represent...

41. The three branches of government that make up each legal system- legislative - judicial and executive
rules of procedure - local court rules - executive orders - administrative regulations: all represent...
separation of powers
decision
components of United States Code citation

42. Brief summary of facts of case - including its procedural posture
Southern Reporter (So. or So.2d)
parallel citations generally are not provided for federal cases
reporter of Supreme Court decisions that contains summaries of the briefs of counsel
statement of facts

43. Legal encyclopedia published by Lawyers Co-op
United States Code Service (U.S.C.S.)
American Jurisprudence - Second Series (Am. Jur. 2d)
South Western Reporter (S.W. or S.W.2d)
court opinion

44. U.S. Const. art. IV - A 2 - cl. 3.
correct citation of a Constitutional article
the signal infra
West Publishing Company (West)
South Western Reporter (S.W. or S.W.2d)

45. A very brief opinion; a cursory opinion; an opinion so abbreviated that it is hardly an opinion at all
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
Federal Rules of Appellate Procedure
memorandum opinion
incorrect legal dictionary citation

46. Federal Cases
Before 1924 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in
substantive law
most correct definition of star paging
United States Law Week (U.S.L.W)

47. Arkansas - Kentucky - Missouri - Tennessee - Texas - and Indian Territories
South Western Reporter (S.W. or S.W.2d)
restatements of law
North Eastern Reporter (N.E. or N.E.2d)
United States Code is

48. Typical case reporter
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
North Western Reporter (N.W. or N.W.2d)
The _______________ contains either a separate section or a separate volume devoted to a table of cases and a descriptive word index.
U.S. Supreme court case reporters

49. Legal encyclopedia published by West
slip law
Lawyers Cooperative Publishing Company (Lawyers Co-op)
Corpus Juris Secundum (C.J.S.)
stare decisis

50. Is used in the first 50 volumes of the United States Reports plus all unofficial reporters of Supreme Court decisions
United States District Courts case reporters
star paging
slip opinion
separation of powers