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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.
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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. The date upon which the decision was rendered
components of a standard case citation
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 case
date of decision

2. 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
stare decisis
annotations
cf.
American Law Reports

3. 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
components of a legal encyclopedia citation
contra
reporter of Supreme Court decisions that contains summaries of the briefs of counsel
U.S. Law Week

4. L.Ed or L.Ed.2d

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5. Rule of law for which the case is cited as precedent; it is the legal effect of the facts of the case
These represent secondary authority
holding
de novo
components of a legal encyclopedia citation

6. Congressional Record will provide the most direct access to the text of the statute
Secondary authorities are those that contain a general commentary on or...
United States District Courts case reporters
American Jurisprudence is a...
if a researcher knows the date when a federal statute was adopted the

7. Encyclopedia
see generally
American Jurisprudence is a...
to update the status of a particular case
incorrect case citation

8. Often provide case citations upon which a definition is based. A couple of them are Black's Law _____ and Ballantine's Law _____.
per curiam opinion
legal dictionaries
on the record
Lawyers Cooperative Publishing Company (Lawyers Co-op)

9. 1. volume number of Fed. Reg. 2. abbreviation for Federal Register 3. page number where administrative rule begins; and 4. year of publication
the principles stated in opinions of judges - to be followed in future cases - are called
components of a Federal Register citation
contra
United States Law Week (U.S.L.W)

10. United States Reports
The official reporter of the U. S. Supreme Court is...
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.
U.S. Law Week
star paging

11. The West key number system
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.
Statutes at Large is
C.J.S uses...
components of a legal encyclopedia citation

12. 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
Digests summarize judicial decisions - while indexes...
substantive law
components of law review citation
American Jurisprudence is a...

13. Legal encyclopedia published by Lawyers Co-op
American Jurisprudence - Second Series (Am. Jur. 2d)
North Eastern Reporter (N.E. or N.E.2d)
TARP method
official publication of law

14. 1. full name of author; 2. the word 'Annotation'; 3. title of annotation (underscored or in italics); 4. volume number of A.L.R. series 5. abbreviation for Annotated Law Reports 6. page number where the annotation begins; 7. year of publication
components of and A.L.R. citation
correct Code of Federal Regulations citation
Lawyers-Cooperative Publishing Co.
see - e.g.

15. Decisions concerning federal rules of procedure
Federal Rules of Criminal Procedure
F.R.D. contains...
Federal Register (Fed. Reg.)
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.

16. 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
American Law Reports
legal encyclopedias
components of a standard case citation
statutory law

17. Case law - or judicial opinion - that articulates common law principles
correct citation of a Constitutional amendment
restatements of law
common law
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.

18. An unofficial publication of law that is known for its extensive use of annotations
if a researcher knows the date when a federal statute was adopted the
Lawyers Cooperative Publishing Company (Lawyers Co-op)
The official reporter of the U. S. Supreme Court is...
restatements of law

19. Opinion of the entire court (all judges who heard the case) - as opposed to an opinion written by a specific judge
per curiam opinion
If a researcher wants to check the current status of a case - he or she should use...
Statutes are published as session laws...
caption

20. Statutes at Large
National Reporter System
United States District Courts case reporters
___________ is an official publication that includes all laws enacted by Congress.
United States Courts of Appeals case reporters

21. Identifies the court issuing the opinion - the parties - and the docket number assigned to the case
Federal Rules of Criminal Procedure
Code of Federal Regulations (C.F.R.)
to update the status of a particular case
caption

22. Illinois - Indiana - Massachusetts - New York - and Ohio
primary authority
contra
the principles stated in opinions of judges - to be followed in future cases - are called
North Eastern Reporter (N.E. or N.E.2d)

23. Is used in the first 50 volumes of the United States Reports plus all unofficial reporters of Supreme Court decisions
components of and A.L.R. citation
The _______________ contains either a separate section or a separate volume devoted to a table of cases and a descriptive word index.
star paging
official publication of law

24. Primary authority
rules of procedure - local court rules - executive orders - administrative regulations: all represent...
incorrect case citation
correct Federal Register citation
components of and A.L.R. citation

25. Advance sheet published weekly by the Bureau of National Affairs
United States Code Annotated (U.S.C.A.)
Code of Federal Regulations (C.F.R.)
United States Law Week (U.S.L.W)
To determine whether a particular statute has been ruled unconstitutional by a court - one may use...

26. Freedom of Information Act - 46 U.S.C. A 89 (1973).
Before 1924 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in
court decision
incorrect United States Code citation
correct Code of Federal Regulations citation

27. Legal encyclopedia published by West
correct legal encyclopedia citation
Corpus Juris Secundum (C.J.S.)
components of a Code of Federal Regulations citation
official publication of law

28. Connecticut - Delaware - D.C. (Court of Appeals) - Maine - Maryland - New Hampshire - New Jersey - Pennsylvania - Rhode Island - and Vermont
common law
de novo
Atlantic Reporter (A. or A.2d)
National Reporter System

29. Supra

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30. Published by West
The record of a court case includes
United States Code Annotated (U.S.C.A.)
Federal session laws may be found in...
session laws

31. State and federal
The American Digest System indexes and classifies all case law - both...
TARP method
court decision
decision

32. Summarized statute topics
indexes typically
restatement of law - encyclopedia - law review article - treatise: all represent...
majority opinion
United States Code is

33. Slip opinions collected and published periodically
The National Reporter System and the American Digest System are...
components of a Federal Register citation
per curiam opinion
advance sheets

34. Official case reporter for the U.S. Supreme Court
United States Reports
The official reporter of the U. S. Supreme Court is...
see - e.g.
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.

35. Advance sheet published by Commerce Clearing House
The National Reporter System and the American Digest System are...
United States Supreme Court Bulletin
constitutional law
The American Digest System is sometimes called the ____________ and uses the key number system.

36. Opinion issued by the majority of the judges of the appellate court; the holding of this opinion may be cited as precedent if all other criteria are met. There is only one in a case
de novo
decision
majority opinion
United States Reports

37. Published by Lawyers Co-op
United States Code Service (U.S.C.S.)
correct standard case citation
de novo on record
elements of a reported case

38. Iowa - Michigan - Minnesota - Nebraska - North Dakota - South Dakota - and Wisconsin
West Publishing Company (West)
correct legal encyclopedia citation
when a case has been affirmed - reversed or modified on appeal
North Western Reporter (N.W. or N.W.2d)

39. Encyclopedias that are arranged alphabetically and contain narrative - expository information on a variety of legal topics. published by West and Lawyers Co-op
legal encyclopedias
American Law Reports
These represent secondary authority
Statutes at Large (Stat.)

40. 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'
American Law Reports
treatise
on the record
precedent

41. The most comprehensive collection of legal citators.

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42. Case law
components of a standard case citation
headnote or syllabus
A decision of an administrative agency is classified as...
North Eastern Reporter (N.E. or N.E.2d)

43. Shepard's Citations - statute edition
bill
correct citation of a Constitutional amendment
To determine whether a particular statute has been ruled unconstitutional by a court - one may use...
Corpus Juris Secundum (C.J.S.)

44. 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
stare decisis
components of and A.L.R. citation
United States District Courts case reporters
A Decennial Digest is part of the..

45. 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
components of United States Code citation
Southern Reporter (So. or So.2d)
parallel citation
slip opinion

46. What federal session laws are codified and published in
United States District Courts case reporters
United States Code (U.S.C.)
components of a legal encyclopedia citation
dissenting opinion

47. 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
Southern Reporter (So. or So.2d)
Case law concerning federal rules of procedure is collected in
Lawyers Cooperative Publishing Company (Lawyers Co-op)

48. 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
annotations
correct Federal Register citation
statutory law
The _______________ contains either a separate section or a separate volume devoted to a table of cases and a descriptive word index.

49. Federal Reporter - Third Series (F.3d) - Federal Reporter - Second Series (F.2d) - Federal Reporter (F.) - Federal Cases (F. Cas.) - all unofficial and all published by West
North Eastern Reporter (N.E. or N.E.2d)
Federal Rules of Appellate Procedure
caption
United States Courts of Appeals case reporters

50. The cited authority directly supports the proposition; other authorities also could have been cited but were not cited to avoid duplication
to update the status of a particular statute
correct legal encyclopedia citation
see - e.g.
components of a standard case citation