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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.
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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. An index
see - e.g.
restatements of law
The primary finding tool for statutory law - either state or federal - is...
slip opinion

2. 1. volume number of Fed. Reg. 2. abbreviation for Federal Register 3. page number where administrative rule begins; and 4. year of publication
A.L.R. is filled with...
The primary finding tool for statutory law - either state or federal - is...
components of a Federal Register citation
session laws

3. Slip opinions collected and published periodically
correct A.L.R. citation
advance sheets
United States Code (U.S.C.)
components of a legal encyclopedia citation

4. Ratio decidendi- court's reasoning or basis for it sholding and decision
C.J.S uses...
rationale
if a researcher knows the date when a federal statute was adopted the
see - e.g.

5. 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
components of law review citation
the reporter in which federal trial court opinions are contained
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 Evidence

6. Federal Supplement (F. Supp.) - Federal Reporter - Second Series (F.2d) - Federal Reporter (F.) - Federal Cases (F. Cas.) - all unofficial and all published by West
constitutional law
United States District Courts case reporters
Federal Rules of Appellate Procedure
United States Supreme Court Bulletin

7. 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.
dissenting opinion
de novo
on the record
the principles stated in opinions of judges - to be followed in future cases - are called

8. The date upon which the decision was rendered
incorrect case citation
American Law Reports
on the record
date of decision

9. Shepard's Citators
The National Reporter System divides the country into _____ regions.
correct standard case citation
If a researcher wants to check the current status of a case - he or she should use...
The official reporter of the U. S. Supreme Court is...

10. Unofficial U.S. Supreme Court case reporter published by West
United States Code Annotated (U.S.C.A.)
concurring opinion
Supreme Court Reporter
incorrect citation of a law review article

11. Contains recent decisions of the United States Supreme Court
U.S. Law Week
components of law review citation
United States Reports
_____________ is an official publication

12. 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
contra
Digests summarize judicial decisions - while indexes...
components of a legal encyclopedia citation
North Western Reporter (N.W. or N.W.2d)

13. Mandatory legal authority that consists of constitutions - statutes - case law - rules of procedure - rules of evidence - administrative rules - court rules - executive orders
primary authority
dissenting opinion
legal encyclopedias
legal dictionaries

14. American Digest System
These represent secondary authority
Statutes are published as slip laws before they are published...
A Decennial Digest is part of the..
Federal Rules of Evidence

15. Legal encyclopedia published by West
Corpus Juris Secundum (C.J.S.)
correct Federal Register citation
majority opinion
Shepard's Citations

16. U.S. Const. art. IV - A 2 - cl. 3.
correct citation of a Constitutional article
advance sheets
Federal rules and procedures are...
Secondary authorities are those that contain a general commentary on or...

17. 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
majority 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.
The official reporter of the U. S. Supreme Court is...
court opinion

18. Products of West Legal Studies
If a researcher wants to check the current status of a case - he or she should use...
American Jurisprudence - Second Series (Am. Jur. 2d)
The National Reporter System and the American Digest System are...
caption

19. Arkansas - Kentucky - Missouri - Tennessee - Texas - and Indian Territories
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.
Digests summarize judicial decisions - while indexes...
common law
South Western Reporter (S.W. or S.W.2d)

20. But they are required for home state cases when parallel citations exist
primary authority
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
parallel citations generally are not provided for federal cases
correct citation of Statutes at Large

21. Supra

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22. As session laws
annotations
parallel citation
slip law
Statutes are published as slip laws before they are published...

23. Official case reporter for the U.S. Supreme Court
National Reporter System
United States Reports
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.
concurring opinion

24. Presidential proclamations
the signal infra
_____________ is an official publication
_______________ are published in the Statutes at Large.
common law

25. Published by West
United States Code Annotated (U.S.C.A.)
_____________ is an official publication
per curiam opinion
Supreme Court Reporter

26. Federal Rules Decisions
date of decision
components of a standard case citation
constitutional law
Case law concerning federal rules of procedure is collected in

27. Govern the way in which a defendant is charged - tried - and sentenced for a federal crime
advance sheets
___________ is an official publication that includes all laws enacted by Congress.
secondary authority
Federal Rules of Criminal Procedure

28. Case reports - published by West - that divides the United States into seven geographical regions and reports the decisions of the highest appellate court of each state within that region.
reporter of Supreme Court decisions that contains summaries of the briefs of counsel
see generally
Federal Register (Fed. Reg.)
National Reporter System

29. Shepard's Citations - statute edition
A.L.R. is filled with...
elements of a reported case
To determine whether a particular statute has been ruled unconstitutional by a court - one may use...
treatise

30. 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
South Eastern Reporter (S.E. or S.E.2d)
concurring opinion
correct citation of a Constitutional article

31. Official publication
United States Supreme Court Reports - Lawyers' Edition
United States Supreme Court Bulletin
United States Code Annotated (U.S.C.A.)
The Federal Register - The Code of Federal Regulations - The United States Code are...

32. F.Supp
the reporter in which federal trial court opinions are contained
contra
cf.
If a researcher wants to check the current status of a case - he or she should use...

33. Precedent
treatise
A.L.R. is filled with...
The official reporter of the U. S. Supreme Court is...
the principles stated in opinions of judges - to be followed in future cases - are called

34. Headnotes in the American Digest System are cataloged in this manner: Thing - Action - Relief - Parties
American Jurisprudence is a...
United States Code (U.S.C.)
TARP method
elements of a reported case

35. The Federal Reporter
precedent
most correct definition of star paging
The National Reporter System and the American Digest System are...
Until 1932 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in...

36. Court's explanation; includes the holding - rationale - and dicta
Federal Register (Fed. Reg.)
en banc
de novo
opinion

37. Legal dictionary - treatise - restatement of law - encyclopedia
These represent secondary authority
primary authority
United States Code is
Secondary authorities are those that contain a general commentary on or...

38. The entire court participates rather than the permissible quorum. This does not mean that the entire court agrees on the outcome - however.
de novo
en banc
_____________ is an official publication
U.S. Reports contains

39. 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
headnote or syllabus
_____________ is an official publication
primary authority
components of a Code of Federal Regulations citation

40. The cited authority directly supports the proposition; other authorities also could have been cited but were not cited to avoid duplication
Federal rules and procedures are...
secondary authority
see - e.g.
Federal session laws may be found in...

41. Infra

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42. What federal session laws are published in
Shepard's Citations
C.J.S uses...
correct Code of Federal Regulations citation
Statutes at Large (Stat.)

43. Name of the appellant
U.S. Supreme court case reporters
headnote or syllabus
South Western Reporter (S.W. or S.W.2d)
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.

44. 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
___________ is an official publication that includes all laws enacted by Congress.
parallel citations generally are not provided for federal cases
digests typically
sequence of citations

45. Reported selectively
Executive orders are...
legal dictionaries
Cases decided by the U.S. Court of International Trade ( formerly the U.S. Customs Court) are _______________ in the Federal Supplement.
To determine whether a particular statute has been ruled unconstitutional by a court - one may use...

46. A syllabus of the court
parallel citations generally are not provided for federal cases
components of Statutes at Large citation
A scope note tells a researcher coverage of a particular...
U.S. Reports contains

47. Ballantine's Law Dictionary 41 (3rd ed. 1969).
if a researcher knows the date when a federal statute was adopted the
incorrect legal dictionary citation
South Western Reporter (S.W. or S.W.2d)
Lawyers Cooperative Publishing Company (Lawyers Co-op)

48. Digest topic
The Federal Supplement contains only ________________ of federal district courts across the country.
A scope note tells a researcher coverage of a particular...
The American Digest System is sometimes called the ____________ and uses the key number system.
___________ is an official publication that includes all laws enacted by Congress.

49. United States Reports
_____________ is an official publication
digests typically
Shepard's Citations
If a researcher wants to check the current status of a case - he or she should use...

50. The publication where rules and regulations of administrative agencies are codified
Code of Federal Regulations (C.F.R.)
star paging
The _______________ contains either a separate section or a separate volume devoted to a table of cases and a descriptive word index.
American Jurisprudence - Second Series (Am. Jur. 2d)