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Test your basic knowledge |
Legal Research
Start Test
Study First
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. 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.
Executive orders are...
de novo on record
Federal Rules of Criminal Procedure
de novo
2. John Willis - Annotation - Industrial Noise: Promoting an Unsafe Work Enviroment - 76 A.L.R. Fed. 489 (1986).
correct A.L.R. citation
Statutes are published as slip laws before they are published...
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.
parallel citation
3. 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
headnote or syllabus
Code of Federal Regulations (C.F.R.)
components of law review citation
4. Iowa - Michigan - Minnesota - Nebraska - North Dakota - South Dakota - and Wisconsin
Atlantic Reporter (A. or A.2d)
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)
bill
5. Infra
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6. Reported selectively
de novo
United States District Courts case reporters
Cases decided by the U.S. Court of International Trade ( formerly the U.S. Customs Court) are _______________ in the Federal Supplement.
Lawyers Cooperative Publishing Company (Lawyers Co-op)
7. Brief summary of facts of case - including its procedural posture
sequence of citations
dissenting opinion
statement of facts
Pacific Reporter (P. or P.2d)
8. Federal Supplement (F. Supp.) - Federal Reporter - Second Series (F.2d) - Federal Reporter (F.) - Federal Cases (F. Cas.) - all unofficial and all published by West
United States District Courts case reporters
elements of a reported case
_____________ is an official publication
components of law review citation
9. Within the federal system - the chronologically published rules and regulations of administrative agencies
Federal session laws may be found in...
Federal Register (Fed. Reg.)
Corpus Juris Secundum (C.J.S.)
constitutional law
10. When an official body authorizes and directs the collection and publication of law
official publication of law
opinion
Until 1932 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in...
Federal Rules of Evidence
11. If the same case is published in another case reporter - the volume and page number of that reporter is shown
parallel citation
secondary authority
United States District Courts case reporters
stare decisis
12. Law that establishes and defines the basic rights and duties that govern a society. It consists of constitutions - legislative enactments - common law - and certain executive actions.
to update the status of a particular statute
see - e.g.
Statutes are published as slip laws before they are published...
substantive law
13. Ratio decidendi- court's reasoning or basis for it sholding and decision
South Western Reporter (S.W. or S.W.2d)
correct citation of a Constitutional article
rationale
separation of powers
14. 15 U.S.C. A 7 (1988).
correct citation of United States Code
A scope note tells a researcher coverage of a particular...
Lawyers Cooperative Publishing Company (Lawyers Co-op)
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.
15. Legal encyclopedia published by Lawyers Co-op
United States Reports is cited as
codified
American Jurisprudence - Second Series (Am. Jur. 2d)
_______ are compilations of case law for a particular reporter or a particular group of reporters.
16. Products of West Legal Studies
components of and A.L.R. citation
separation of powers
The National Reporter System and the American Digest System are...
key number system
17. Supplement volumes or pocket part supplements should be used
to update the status of a particular statute
de novo on record
components of and A.L.R. citation
West Publishing Company (West)
18. Digests
Code of Federal Regulations (C.F.R.)
to update the status of a particular statute
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
_______ are compilations of case law for a particular reporter or a particular group of reporters.
19. A bill that has been adopted into a law but has been printed singly rather than as a part of a group of laws
to update the status of a particular statute
slip law
Code of Federal Regulations (C.F.R.)
United States Law Week (U.S.L.W)
20. Selected decisions
components of United States Code citation
correct citation of United States Code
The Federal Supplement contains only ________________ of federal district courts across the country.
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.
21. But they are required for home state cases when parallel citations exist
parallel citations generally are not provided for federal cases
reporter of Supreme Court decisions that contains summaries of the briefs of counsel
_______________ are published in the Statutes at Large.
United States Supreme Court Reports - Lawyers' Edition
22. A system where every topic and subtopic is assigned its own key number
To determine whether a particular statute has been ruled unconstitutional by a court - one may use...
South Western Reporter (S.W. or S.W.2d)
key number system
advance sheets
23. Congressional Record will provide the most direct access to the text of the statute
The American Digest System indexes and classifies all case law - both...
components of a standard case citation
if a researcher knows the date when a federal statute was adopted the
An unofficial publication is any publication
24. Reviews the record for errors of law and reaches its own factual finding.
United States Reports is cited as
Federal Rules of Criminal Procedure
When an appellate court reviews a case de novo on record - it...
legal encyclopedias
25. 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
primary authority
components of United States Code citation
the principles stated in opinions of judges - to be followed in future cases - are called
The American Digest System indexes and classifies all case law - both...
26. Summarize statute topics
Digests summarize judicial decisions - while indexes...
United States Courts of Appeals case reporters
U.S. Reports contains
Until 1932 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in...
27. Govern the form and procedure for appeals from the U.S. District Court to the Court of Appeals within the federal system
Federal Rules of Appellate Procedure
contra
constitutional law
correct citation of a Constitutional amendment
28. A syllabus of the court
American Law Reports
contra
U.S. Reports contains
United States Reports
29. A very brief opinion; a cursory opinion; an opinion so abbreviated that it is hardly an opinion at all
U.S. Law Week
court opinion
memorandum opinion
Federal Register (Fed. Reg.)
30. 88 C.J.S. Trial A 107 (1980).
Statutes are published as session laws...
United States Code Annotated (U.S.C.A.)
American Jurisprudence - Second Series (Am. Jur. 2d)
correct legal encyclopedia citation
31. At the close of each legislative term
statement of facts
constitutional law
Statutes are published as session laws...
Supreme Court Reporter
32. S.Ct.
Federal Rules of Civil Procedure
precedent
Federal Rules of Criminal Procedure
Supreme Court Reporter is cited as
33. 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
components of law review citation
legal dictionaries
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.
34. Primary authority
elements of a reported case
Shepard's Citations
rules of procedure - local court rules - executive orders - administrative regulations: all represent...
These represent secondary authority
35. 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
parallel citations generally are not provided for federal cases
restatement of law - encyclopedia - law review article - treatise: all represent...
correct citation of a Constitutional amendment
36. Official case reporter for the U.S. Supreme Court
slip opinion
court decision
United States Reports
correct legal encyclopedia citation
37. Shepard's Citations - statute edition
To determine whether a particular statute has been ruled unconstitutional by a court - one may use...
The National Reporter System divides the country into _____ regions.
West Publishing Company (West)
parallel citations generally are not provided for federal cases
38. 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'
holding
statutory law
on the record
Pacific Reporter (P. or P.2d)
39. The court's explanatory comments - which can included the holding - the rationale for the holding - and dicta
court opinion
Federal Rules of Appellate Procedure
most correct definition of star paging
Statutes at Large is
40. Extensive selected annotations
National Reporter System
to update the status of a particular statute
A.L.R. is filled with...
digests typically
41. 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
the principles stated in opinions of judges - to be followed in future cases - are called
dissenting opinion
United States Courts of Appeals case reporters
West Publishing Company (West)
42. Legal publisher noted for its extensive use of annotations.
Lawyers-Cooperative Publishing Co.
restatements of law
correct citation of a Constitutional article
TARP method
43. Sometimes called adjective law - it prescribes the manner in which substantive laws must be enforced.
cf.
date of decision
dicta
procedural law
44. Published by West
United States Code Annotated (U.S.C.A.)
the signal infra
de novo on record
C.J.S uses...
45. 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)
unofficial publication of law
incorrect case citation
holding
Lawyers Cooperative Publishing Company (Lawyers Co-op)
46. The date upon which the decision was rendered
The American Digest System is sometimes called the ____________ and uses the key number system.
The primary finding tool for statutory law - either state or federal - is...
date of decision
The National Reporter System divides the country into _____ regions.
47. How civil actions are handled - including rules that cover the complaint - summons - answer - discovery process - trial - and post-trial procedures
incorrect citation of a law review article
Federal Rules of Civil Procedure
The American Digest System indexes and classifies all case law - both...
concurring opinion
48. The most comprehensive collection of legal citators.
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49. Legal dictionary - treatise - restatement of law - encyclopedia
The Federal Register - The Code of Federal Regulations - The United States Code are...
These represent secondary authority
incorrect legal dictionary citation
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.
50. Obiter dictum- comments of the court about minor issues or concerns other than the specific holding - rationale - and decision. Never cited as precedent
dicta
incorrect citation of a law review article
The American Digest System is sometimes called the ____________ and uses the key number system.
opinion