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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. 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
Supreme Court Reporter is cited as
correct standard case citation
Federal Register (Fed. Reg.)
components of a Code of Federal Regulations citation

2. 48 Fed. Reg. 37 -315 (1983).
An unofficial publication is any publication
correct Federal Register citation
An annotation is
United States Code (U.S.C.)

3. Presidential proclamations
_______________ are published in the Statutes at Large.
An annotation is
American Jurisprudence - Second Series (Am. Jur. 2d)
Federal rules and procedures are...

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

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5. Unofficial U.S. Supreme Court case reporter published by West
cf.
to update the status of a particular case
North Eastern Reporter (N.E. or N.E.2d)
Supreme Court Reporter

6. Pleadings - transcript of trial testimony - and exhibits
procedural law
The record of a court case includes
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.
correct A.L.R. citation

7. Statutes at Large
separation of powers
dissenting opinion
Federal session laws may be found in...
correct legal encyclopedia citation

8. United States Reports
The American Digest System is sometimes called the ____________ and uses the key number system.
_____________ is an official publication
incorrect legal dictionary citation
components of and A.L.R. citation

9. Ratio decidendi- court's reasoning or basis for it sholding and decision
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.
North Eastern Reporter (N.E. or N.E.2d)
rationale
elements of a reported case

10. Official case reporter for the U.S. Supreme Court
United States Reports
Until 1932 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in...
Supreme Court Reporter
Federal Rules of Criminal Procedure

11. Federal Cases
_______________ are published in the Statutes at Large.
memorandum opinion
Before 1924 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in
reporter of Supreme Court decisions that contains summaries of the briefs of counsel

12. Persuasive legal authority that consists of law from other jurisdictions - legal encyclopedias - American Law Reports - restatements of law - dictionaries - treatises and periodicals
procedural law
secondary authority
United States Law Week (U.S.L.W)
West Publishing Company (West)

13. Shepard's Citations - statute edition
Statutes are published as session laws...
correct A.L.R. citation
de novo on record
To determine whether a particular statute has been ruled unconstitutional by a court - one may use...

14. Slip opinions collected and published periodically
A decision of an administrative agency is classified as...
to update the status of a particular statute
star paging
advance sheets

15. How civil actions are handled - including rules that cover the complaint - summons - answer - discovery process - trial - and post-trial procedures
incorrect United States Code citation
United States District Courts case reporters
most correct definition of star paging
Federal Rules of Civil Procedure

16. Govern the way in which a defendant is charged - tried - and sentenced for a federal crime
session laws
Federal Rules of Criminal Procedure
contra
components of a Federal Register citation

17. Virginia Koerselman - Comment - Worker's Compensation - 15 Creighton L. Rev. 415 (1981).
components of a Code of Federal Regulations citation
dicta
correct law review citation
North Western Reporter (N.W. or N.W.2d)

18. Name of the appellant
concurring opinion
A decision of an administrative agency is classified as...
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

19. United States Reports
Cases decided by the U.S. Court of International Trade ( formerly the U.S. Customs Court) are _______________ in the Federal Supplement.
The official reporter of the U. S. Supreme Court is...
When an appellate court reviews a case de novo on record - it...
United States Law Week (U.S.L.W)

20. Statutes at Large
correct A.L.R. citation
Supreme Court Reporter is cited as
advance sheets
___________ is an official publication that includes all laws enacted by Congress.

21. 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
to update the status of a particular statute
restatements of law
decision
the reporter in which federal trial court opinions are contained

22. The Federal Reporter
An unofficial publication is any publication
The Federal Supplement contains only ________________ of federal district courts across the country.
Until 1932 - cases from the U.S. Court of Appeals and the U.S. District Court were combined in...
components of United States Code citation

23. An explanatory note
secondary authority
correct standard case citation
if a researcher knows the date when a federal statute was adopted the
An annotation is

24. The publication where rules and regulations of administrative agencies are codified
reporter of Supreme Court decisions that contains summaries of the briefs of counsel
Code of Federal Regulations (C.F.R.)
_____________ is an official publication
The Federal Register - The Code of Federal Regulations - The United States Code are...

25. The court's explanatory comments - which can included the holding - the rationale for the holding - and dicta
legal dictionaries
court opinion
cf.
National Reporter System

26. Health Care Act - Pub. L. 92-117 - 83 Stat. 624 (1987).
codified
correct Code of Federal Regulations citation
correct citation of Statutes at Large
slip opinion

27. W. Weitz - Nocturnal Crimes - 20 Brooklyn L. Rev. 180 (1992).
Statutes at Large is
restatements of law
_______ are compilations of case law for a particular reporter or a particular group of reporters.
incorrect citation of a law review article

28. Seven
Statutes are published as session laws...
The National Reporter System divides the country into _____ regions.
components of law review citation
if a researcher knows the date when a federal statute was adopted the

29. Statutory law
Federal rules and procedures are...
The American Digest System is sometimes called the ____________ and uses the key number system.
precedent
star paging

30. 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
Case law concerning federal rules of procedure is collected in
annotations
substantive law
contra

31. Govern the form and procedure for appeals from the U.S. District Court to the Court of Appeals within the federal system
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
Code of Federal Regulations (C.F.R.)
United States Courts of Appeals case reporters
Federal Rules of Appellate Procedure

32. Precedent
The American Digest System is sometimes called the ____________ and uses the key number system.
American Jurisprudence - Second Series (Am. Jur. 2d)
the principles stated in opinions of judges - to be followed in future cases - are called
correct citation of a Constitutional article

33. Restatement (of law)
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
dicta
United States Law Week (U.S.L.W)
annotations

34. Encyclopedia
American Jurisprudence is a...
primary authority
dissenting opinion
digests typically

35. Ritches Jr. v. Li - 665 F. Supp. 139 (E.D.Pa. 1991).
incorrect case citation
The National Reporter System divides the country into _____ regions.
Digests summarize judicial decisions - while indexes...
incorrect citation of a law review article

36. Legal encyclopedia published by Lawyers Co-op
digests typically
Digests summarize judicial decisions - while indexes...
American Jurisprudence - Second Series (Am. Jur. 2d)
F.R.D. contains...

37. 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
components of United States Code citation
correct A.L.R. citation
majority opinion
caption

38. Obiter dictum- comments of the court about minor issues or concerns other than the specific holding - rationale - and decision. Never cited as precedent
If a researcher wants to check the current status of a case - he or she should use...
dicta
United States Courts of Appeals case reporters
The American Digest System indexes and classifies all case law - both...

39. 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.
date of decision
National Reporter System
Lawyers Cooperative Publishing Company (Lawyers Co-op)
Federal Rules of Criminal Procedure

40. 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
components of Statutes at Large citation
dissenting opinion
de novo on record
constitutional law

41. Infra

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42. Illinois - Indiana - Massachusetts - New York - and Ohio
North Eastern Reporter (N.E. or N.E.2d)
codified
Digests summarize judicial decisions - while indexes...
West Publishing Company (West)

43. Legal publisher noted for its extensive use of annotations.
The Federal Supplement contains only ________________ of federal district courts across the country.
Lawyers-Cooperative Publishing Co.
Federal rules and procedures are...
bill

44. Advance sheet published weekly by the Bureau of National Affairs
annotations
United States Law Week (U.S.L.W)
correct legal encyclopedia citation
Pacific Reporter (P. or P.2d)

45. Georgia - North Carolina - South Carolina - Virginia - and West Virginia
components of Statutes at Large citation
South Eastern Reporter (S.E. or S.E.2d)
If a researcher wants to check the current status of a case - he or she should use...
en banc

46. 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
opinion
separation of powers
correct Federal Register citation
dissenting opinion

47. Sometimes called adjective law - it prescribes the manner in which substantive laws must be enforced.
United States Code Annotated (U.S.C.A.)
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.
procedural law
the reporter in which federal trial court opinions are contained

48. 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
components of a standard case citation
South Eastern Reporter (S.E. or S.E.2d)
correct law review citation
official publication of law

49. 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
United States Supreme Court Reports - Lawyers' Edition is cited as
correct citation of a Constitutional amendment
components of and A.L.R. citation
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.

50. Freedom of Information Act - 46 U.S.C. A 89 (1973).
United States Supreme Court Reports - Lawyers' Edition
United States Courts of Appeals case reporters
unofficial publication of law
incorrect United States Code citation