Test your basic knowledge |

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. W. Weitz - Nocturnal Crimes - 20 Brooklyn L. Rev. 180 (1992).






2. Supplement volumes or pocket part supplements should be used






3. Name of the appellant






4. 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






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






6. 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'






7. United States Reports






8. Legal dictionary - treatise - restatement of law - encyclopedia






9. United States Supreme Court Reports - Lawyers' Edition






10. United States Reports






11. Connecticut - Delaware - D.C. (Court of Appeals) - Maine - Maryland - New Hampshire - New Jersey - Pennsylvania - Rhode Island - and Vermont






12. 88 C.J.S. Trial A 107 (1980).






13. The entire court participates rather than the permissible quorum. This does not mean that the entire court agrees on the outcome - however.






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






15. The three branches of government that make up each legal system- legislative - judicial and executive






16. Statutory law






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






18. A very brief opinion; a cursory opinion; an opinion so abbreviated that it is hardly an opinion at all






19. Statutes that are collected into a statutory code that are arranged by topic






20. Summarize statute topics






21. Headnotes in the American Digest System are cataloged in this manner: Thing - Action - Relief - Parties






22. Digest topic






23. The date upon which the decision was rendered






24. Brief summary of a legal rule discussed in the opinion; headnotes are numbered. key numbers are used in West publications






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






26. 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






27. Infra


28. When a federal case first decides a case. a single opinion of the court issued without headnotes and without indexing.






29. Alabama - Florida - Louisiana - and Mississippi






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






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






32. Secondary authority






33. Selected decisions






34. Identifies the court issuing the opinion - the parties - and the docket number assigned to the case






35. Products of West Legal Studies






36. 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.






37. 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






38. Slip opinions collected and published periodically






39. Shepard's Citations - statute edition






40. Court's explanation; includes the holding - rationale - and dicta






41. A bill that has been adopted into a law but has been printed singly rather than as a part of a group of laws






42. Federal Cases






43. 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






44. The subsequent history of the cited case must be included in the citation






45. Summarized statute topics






46. 22 C.F.R. A 145.6 (1992)






47. Restatement (of law)






48. 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






49. Legal encyclopedia published by West






50. 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