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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. 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






2. Explanation of the subject






3. Brief summary of facts of case - including its procedural posture






4. 48 Fed. Reg. 37 -315 (1983).






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






6. Legal document that carries the most weight and embodies the government's authority to exist and serves as an outline for the exercise of governmental powers.






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






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






9. 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.






10. The court's explanatory comments - which can included the holding - the rationale for the holding - and dicta






11. State and federal






12. But they are required for home state cases when parallel citations exist






13. Compiled chronologically






14. Obiter dictum- comments of the court about minor issues or concerns other than the specific holding - rationale - and decision. Never cited as precedent






15. Sometimes called adjective law - it prescribes the manner in which substantive laws must be enforced.






16. Reported selectively






17. F.Supp






18. Illinois - Indiana - Massachusetts - New York - and Ohio






19. Primary authority






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






21. Case law - or judicial opinion - that articulates common law principles






22. Is used in the first 50 volumes of the United States Reports plus all unofficial reporters of Supreme Court decisions






23. 1. name of the act 2. abbreviation of Public Law and the public law number 3. volume number of the Statutes at Large 4. abbreviation for Statutes at Large 5. page number where the statutes begins; and 6. the year when the statute was passed as law.






24. Legal encyclopedia published by West






25. Federal Supplement (F. Supp.) - Federal Reporter - Second Series (F.2d) - Federal Reporter (F.) - Federal Cases (F. Cas.) - all unofficial and all published by West






26. Precedent






27. Shepard's Citators






28. 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'






29. John Willis - Annotation - Industrial Noise: Promoting an Unsafe Work Enviroment - 76 A.L.R. Fed. 489 (1986).






30. 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.






31. Legal publisher noted for its extensive use of annotations.






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






33. Statutory law






34. 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






35. All slip laws enacted during a legislative session that are arranged in chronological order according to date of enactment






36. 22 C.F.R. A 145.6 (1992)






37. Congressional Record will provide the most direct access to the text of the statute






38. Restatement (of law)






39. L.Ed or L.Ed.2d

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40. 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)






41. Statutes at Large






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






43. 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






44. Name of the appellant






45. How civil actions are handled - including rules that cover the complaint - summons - answer - discovery process - trial - and post-trial procedures






46. The court's ruling or disposition of the case (whether affirmed - reversed - remanded - or dismissed)






47. Govern the form and procedure for appeals from the U.S. District Court to the Court of Appeals within the federal system






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






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






50. Published by West