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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. Compiled by topic






2. Published by Lawyers Co-op






3. Digests






4. 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






5. Secondary authority






6. 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






7. Encyclopedia






8. 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






9. What federal session laws are published in






10. Signal used to indicate page numbers in another reporter






11. The cited authority presents helpful background information about the proposition






12. Supplement volumes or pocket part supplements should be used






13. L.Ed or L.Ed.2d


14. Restatement (of law)






15. Contains recent decisions of the United States Supreme Court






16. S.Ct.






17. Opinion of the entire court (all judges who heard the case) - as opposed to an opinion written by a specific judge






18. Unofficial U.S. Supreme Court case reporter published by Lawyers Co-op


19. Decisions concerning federal rules of procedure






20. (primary law - secondary law - encyclopedia - or other) issued by a private - non-government publisher.






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






22. All slip laws enacted during a legislative session that are arranged in chronological order according to date of enactment






23. 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






24. U.S. Const. amend. XIV - A 1.






25. An explanatory note






26. 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'






27. Explanation of the subject






28. Is used in the first 50 volumes of the United States Reports plus all unofficial reporters of Supreme Court decisions






29. 15 U.S.C. A 7 (1988).






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






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






32. What federal session laws are codified and published in






33. Statutory law






34. Often provide case citations upon which a definition is based. A couple of them are Black's Law _____ and Ballantine's Law _____.






35. A single-volume text written by a legal scholar in a given topic area






36. An index






37. U.S. Const. art. IV - A 2 - cl. 3.






38. Case law






39. Unofficial U.S. Supreme Court case reporter published by West






40. 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






41. 1. volume number of encyclopedia 2. abbreviated name of encyclopedia 3. title of article (underscored or in italics) 4. section symbol and section number within the article; 5. specific page within section; and 6. date of publication






42. 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






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






44. 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






45. Ratio decidendi- court's reasoning or basis for it sholding and decision






46. Mandatory legal authority that consists of constitutions - statutes - case law - rules of procedure - rules of evidence - administrative rules - court rules - executive orders






47. Extensive selected annotations






48. 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






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






50. 22 C.F.R. A 145.6 (1992)