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Legal Research

Subject : law
Instructions:
  • Answer 50 questions in 15 minutes.
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  • 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. Ratio decidendi- court's reasoning or basis for it sholding and decision






2. Caption - date of decision - parallel citations - headnote or syllabus - statement of facts - opinion - holding - rationale - dicta - decision






3. United States Reports






4. 22 C.F.R. A 145.6 (1992)






5. A syllabus of the court






6. 88 C.J.S. Trial A 107 (1980).






7. But they are required for home state cases when parallel citations exist






8. Restatement (of law)






9. Secondary authority that is leading annotated law reporter published by Lawyers Co-op. Distinguishing feature not the cases that it reports - but the extensive editorial commentary that follows each reported case






10. Case law - or judicial opinion - that articulates common law principles






11. 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.






12. What federal session laws are published in






13. 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






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'






15. Infra

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16. The most comprehensive collection of legal citators.

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17. Summarize judicial opinions






18. Encyclopedia






19. United States Reports






20. Legal document that carries the most weight and embodies the government's authority to exist and serves as an outline for the exercise of governmental powers.






21. Within the federal system - the chronologically published rules and regulations of administrative agencies






22. Govern the way in which a defendant is charged - tried - and sentenced for a federal crime






23. Sometimes called adjective law - it prescribes the manner in which substantive laws must be enforced.






24. Seven






25. Federal Cases






26. Summarize statute topics






27. Statutes at Large






28. 1. U.S. Constitutional provision and amendments 2. Federal statutes 3. Federal procedural rules 4. Federal cases (U.S. - F.3d - the F.Supp.) 5. State cases (official reporter - then regional reporter) 6. Federal administrative rules and regulations 7






29. Congressional Record will provide the most direct access to the text of the statute






30. 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






31. A bill that has been adopted into a law but has been printed singly rather than as a part of a group of laws






32. As session laws






33. 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






34. The West key number system






35. United States Reports (U.S.) - Supreme Court Reporter (S.Ct.) - United States Supreme Court Reports - Lawyers' Edition (L.Ed. or L.Ed.2d)






36. Compiled by topic






37. Illinois - Indiana - Massachusetts - New York - and Ohio






38. Encyclopedias that are arranged alphabetically and contain narrative - expository information on a variety of legal topics. published by West and Lawyers Co-op






39. If the same case is published in another case reporter - the volume and page number of that reporter is shown






40. Products of West Legal Studies






41. Official case reporter for the U.S. Supreme Court






42. When an official body authorizes and directs the collection and publication of law






43. The cited authority contradicts the proposition stated in the memorandum






44. 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.






45. Type of law consisting of legislative enactments called statutes at federal level and ordinances at state levels.






46. S.Ct.






47. At the close of each legislative term






48. Summarized statute topics






49. 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






50. Statutes at Large







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