Statutes at Large is the official publication that included all laws enacted by Congress T/F True The United States Code is an official publication that includes all laws enacted by Congress. T/F False The Federal Supplement contains only selected decisions of the US District Courts. T/F True The Federal Reporter, Second Series, is an official reporter. T/F False The terms memorandum opinion and memorandum of law mean approximately the same thing. T/F False Federal session laws may be found in Statues at Large. T/F True U.S. Law week a. is an official publication b. contains recent decisions of the US Supreme Court c. contains recent decisions of all Fed appellate courts d. all of the above b. contains recent decisions of the US Supreme Court Obiter dictum is a Latin term that refers to the court's comments about things other than the holding of the case. T/F True The record of a court case includes a. pleadings, transcript of trial testimony and exhibits. b. pleadings, briefs, motions, transcripts of trial testimony & exhibits. c. transcripts of trial testimony and exhibits. d. all documents filed in the court case. a. pleadings, transcript of trial testimony and exhibits. When an appellate court reviews a case de novo on the record, it a. tries the case anew, as if no trial had occurred in the lower court b. reviews the record only for errors of law committed by the lower court c. reviews the record for errors of law and reaches its own factual finding d. none of the above a. tries the case anew, as if no trial had occurred in the lower court Star paging is a. used throughout federal case reporters. b. use to refer to the page # of the orig. reporter when a case is reprinted in another reporter. c. used to indicate where the holding of the case appears. d. none of the above. b. use to refer to the page # of the orig. reporter when a case is reprinted in another reporter. To determine if a statute has been ruled unconstitutional by a court, one may use a. Shepard's Citations b. Shepard's Citations, Statute Ed. c. Shepard's Citations, Case Ed. d. a supplement to the statutory code. b. Shepard's Citations, Statute Ed. Which of the following represent primary authority? a. case law, Constitution, rules of procedure, restatements of law. b. judicial legislation, rules of procedure, Constitution, statutes. c. rules of procedure, case law, statutes, Constitution. d. sessions laws, case law, annotations, Constitution, legal dictionaries. c. rules of procedure, case law, statutes, Constitution. If a researcher knows when a federal statute was enacted, which provides the most direct access to the text of that statute? a. United States Code b. Code of Federal Regulations c. Congressional Records d. US Law Week c. Congressional Records When a researcher intends to show that a stmt in his brief is supported directly by the cited case, the researcher should use which of the following signals with the citation? a. see b. cf c. accord d. no signal used d. no signal used Supra means cited in full above, before, earlier T/F True Infra means cited in full below T/F True The Statues at Large is compiled chronologically; the US Code is compiled by Topic. T/F True The best tool for locating parallel citations is West's Nat. Rep. Blue Book, if you know the case citation. T/F False A pur curiam opinion is a unanimous opinion of the entire court. T/F True F.R.D. contain: a. rules of Congress b. decisions of admin. agencies concerning their rules and regs. c. decisions concerning federal rules of procedure. d. decisions concerning local rules of federal courts. c. decisions concerning federal rules of procedure. An executive order is classified as a. statutory law b. case law c. administrative law d. none of the above a. statutory law a decision of an administrative agency is classified as a. statutory law. b. case law c. common law d. none of the above. b. case law Presidential proclamations are published in the Statutes at Large T/F True Common Law has existed in some form since history first was recorded. T/F False Previously Decided Stare Decisis The thing speaks for itself Res ipsa loquitor Triers of fact Jury A matter adjudicated res judicata Latin term meaning "note well" N.B. Nota bene Constitutional Law, 16 Am.Jur.2d § 349, 213 (1987). Correct Y/N N: 16 Am. Jur. 2d Constitutional Law § 349, 213 (1987). J.C. Penny Co., Inc. v. Mary Staats, 329 Neb. 464, 617 N.W.2d 456 (1991). Correct Y/N N: J.C. Penny Co. v. Mary Staats, 329 Neb. 464, 617 N.W.2d 456 (1991). EEOC v. Manning, 440 U.S. 29, 566 S. Ct. 908, 790 L. Ed. 2d 46 (1983). Correct Y/N N: EEOC v. Manning, 440 U.S. 29 (1983). IRS v. Richardson, 156 T.C. 677 (1992). Correct Y/N N: Commissioner v. Richardson, 156 T.C. 677 (1992). Tax Procurement Act, 39 U.S. Code § 117 (1990). Correct Y/N N: Tax Procurement Act, 39 U.S.C. § 117 (1990). Kellum v Riedstrom, 464 F.2d 366 (5th Cir. 1989) Correct Y/N Y Kellum, supra, at 370. Correct Y/N N - cannot use supra in briefs and memoranda. United States v. Claussen, 613 Fed. Supp. 296 (E.D.N.Y. 1989). Correct Y/N N - United States v. Claussen, 613 F. Supp. 296 (E.D.N.Y. 1989). Black's Law Dictionary 768 (7th ed. 1992). Correct Y/N Y Davis v. Central R.R. Co., Inc., 509 F.2d 199, 201 (8th Cir. 1988). Correct Y/N N: Davis v. Central R.R., 509 F.2d 199, 201 (8th Cir. 1988). A proposed legislative measure. a bill Once a bill is adopted it becomes a slip law Pur Curiam Opinion opinion of the entire court memorandum opinion brief, cursory opinion Current US Court of Appeals decisions are published in the Federal Reporter, Third Series (F.3d) Current US District court decisions are published in the Federal Supplement (F. Supp.) The official case reporter for Supreme Court published opinions is the United States Reports (U.S.) Corpus Juris Secundum is cited C.J.S. American Law Reports is cited A.L.R. Digests are catalogued under topics using the TARP method Thing Action Relief Parties U.S. Const. art. IV, §2, cl. 3. U.S. Const. amend. XIV, § 1. Citing the Constitution 15 U.S.C. § 7 (1998) Citing the US Code Health Care Act, Pub. L. 92-117, 83 Stat.624 (1987). Citing Statutes at Large Fed. R. App. P. 2. Fed. R. Civ. P. 12. Fed. R. Crim. P. 42. Fed. R. Evid. 401 Citing Procedural Rules Parker v. United States, 402 U.S. 634, 639 (1991) (Stevens, J. dissenting). Citation for dissenting opinion 22 C.F.R. § 145.6 (1992). Code of Federal Regulations Citation (Admin Law) 48 Fed. Reg. 37,315 (1983) Federal Register Citation (Admin Law) John Willis, Annotation, Industrial Noise: Promoting an Unsafe Work Enviroment, 76. A.L.R. Fed. 489 (1986) Annotated Law Reports citation 88 C.J.S. Trial § 107 (1980). Corpus Juris Secundum citation 46 Am. Jur. 2d Husband and Wife § 118, 121 (1986) American Jurisprudence Citation Black's Law Dictionary 411 (7th ed. 1992). Ballentine's Law Dictionary 1078 (3d ed. 1969) Law dictionary citations Components of a full case brief are: Case Name and Citation Identity of Court Judicial History Facts Issue Decision Holding Rationale C.J.S. uses the West Key number system. T/F True Annotations and summarized briefs of counsel are hallmarks of the Supreme Court Reports. T/F True A researcher should cite to the most recent digest where a particular case summary is found. T/F False A decennial Digest is part of the a. West Reporter System b. American Digest System c. American Law System d. Regional Reporter System b. American Digest System The cases reported in the Federal Reporter, Second Series, include a. all cases decided by federal courts of appeals b. cases from fed. courts of appeals, as selected by West editors. c. cases from fed. courts of appeals, as selected by the judges d. cases from fed. courts of appeas, as ordered by the judges. d. cases from fed. courts of appeas, as ordered by the judges. Before 1924, cases from the U.S. Court of Appeals and hte U.S. District Court were combined in a. Federal Cases b. the Federal Reporter c. the Federal Supplement d. the Federal Reporter, Second Series a. Federal Cases The Federal Register is an official publication T/F True The Federal Supplement is an official publication T/F False The Code of Federal Regulations is an official publication T/F True Supreme Court Reports is an official publication T/F False United States Reports is an official publication T/F True The United States Code Service is an official publication T/F False The Atlantic Reporter, Second Series, is an official publication T/F False The United States Code is an official publication T/F True If a researcher wants to check the current status of a case, he or she should use a. a supplement b. Shepard's Citators c. a digest d. two of the above e. all of the above b. Shepard's Citators If a researcher wants to check the current status of a statute, he or she should use a. a supplement b. Shepard's Citators c. a digest d. two of the above e. all of the above d. two of the above U.S. Reports contains a. a syllabus of the court b. headnotes of editors c. summaries of briefs of counsel d. references to other sources e. all of the above a. a syllabus of the court a scope note tells a researcher coverage of a particular a. index topic b. encyclopedia topic c. digest topic d. A.L.R. topic c. digest topic A.L.R. is a. filled with key number references b. filled with extensive selected annotations c. an official publication d. an encyclopedia b. filled with extensive selected annotations Federal rules and regulations are a. secondary law b. statutory law c. procedural law d. all of the above b. statutory law Nearly every reporter contains a. a descriptive word index b. a subsequent history of each case reported c. research topics and accompanying key numbers d. all of the above. a. a descriptive word index Which of the following represent primary authority? a. rules of procedure, local court rules, exec. orders, admin. regs. b. common law, session laws, exec. orders, annotations. c. case law from equal or lower jurisdiction, statutes, Constitution, common law d. common law, statutes, Constitution, treatise a. rules of procedure, local court rules, exec. orders, admin. regs. Which of the following is (are) not shown in the correct citation form? a. Ace v. Deuce R.R. Co., 453 U.S. 766 (1993) b. Ace v. Deuce, 766 F. Supp. 613 (D. Neb. 1993) c. 19 C.J.S. Constitutional Law § 256, 261 (1989) d. two of the above e. all of the above f. none of the above a. Ace v. Deuce R.R. Co., 453 U.S. 766 (1993) among other things inter alia notwithstanding non obstante illogical, does not follow non sequiter