Legal Research

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tismeinaz
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153903
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Legal Research
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2012-05-19 13:59:47
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Legal Research Paralegal
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Legal Research
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  1. Statutes at Large is the official publication that included all laws enacted by Congress T/F
    True
  2. The United States Code is an official publication that includes all laws enacted by Congress. T/F
    False
  3. The Federal Supplement contains only selected decisions of the US District Courts. T/F
    True
  4. The Federal Reporter, Second Series, is an official reporter. T/F
    False
  5. The terms memorandum opinion and memorandum of law mean approximately the same thing. T/F
    False
  6. Federal session laws may be found in Statues at Large. T/F
    True
  7. U.S. Law week
    A. is an official publication
    B. contains recent decisions of all Fed appellate courts
    C. contains recent decisions of the US Supreme Court
    d. all of the above
    C. contains recent decisions of the US Supreme Court
    (this multiple choice question has been scrambled)
  8. 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
  9. The record of a court case includes
    A. pleadings, transcript of trial testimony and exhibits.
    B. transcripts of trial testimony and exhibits.
    C. all documents filed in the court case.
    D. pleadings, briefs, motions, transcripts of trial testimony & exhibits.
    A. pleadings, transcript of trial testimony and exhibits.
    (this multiple choice question has been scrambled)
  10. 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 for errors of law and reaches its own factual finding
    C. reviews the record only for errors of law committed by the lower court
    d. none of the above
    A. tries the case anew, as if no trial had occurred in the lower court
    (this multiple choice question has been scrambled)
  11. Star paging is
    A. use to refer to the page # of the orig. reporter when a case is reprinted in another reporter.
    B. used to indicate where the holding of the case appears.
    C. used throughout federal case reporters.
    d. none of the above.
    A. use to refer to the page # of the orig. reporter when a case is reprinted in another reporter.
    (this multiple choice question has been scrambled)
  12. 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.
    (this multiple choice question has been scrambled)
  13. Which of the following represent primary authority?
    A. rules of procedure, case law, statutes, Constitution.
    B. case law, Constitution, rules of procedure, restatements of law.
    C. judicial legislation, rules of procedure, Constitution, statutes.
    D. sessions laws, case law, annotations, Constitution, legal dictionaries.
    A. rules of procedure, case law, statutes, Constitution.
    (this multiple choice question has been scrambled)
  14. If a researcher knows when a federal statute was enacted, which provides the most direct access to the text of that statute?
    A. Code of Federal Regulations
    B. US Law Week
    C. United States Code
    D. Congressional Records
    D. Congressional Records
    (this multiple choice question has been scrambled)
  15. 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. accord
    B. see
    C. cf
    D. no signal used
    D. no signal used
    (this multiple choice question has been scrambled)
  16. Supra means cited in full above, before, earlier T/F
    True
  17. Infra means cited in full below T/F
    True
  18. The Statues at Large is compiled chronologically; the US Code is compiled by Topic. T/F
    True
  19. The best tool for locating parallel citations is West's Nat. Rep. Blue Book, if you know the case citation. T/F
    False
  20. A pur curiam opinion is a unanimous opinion of the entire court. T/F
    True
  21. F.R.D. contain:
    A. decisions concerning local rules of federal courts.
    B. decisions concerning federal rules of procedure.
    C. rules of Congress
    D. decisions of admin. agencies concerning their rules and regs.
    B. decisions concerning federal rules of procedure.
    (this multiple choice question has been scrambled)
  22. An executive order is classified as
    A. case law
    B. statutory law
    C. administrative law
    d. none of the above
    B. statutory law
    (this multiple choice question has been scrambled)
  23. a decision of an administrative agency is classified as
    A. common law
    B. statutory law.
    C. case law
    d. none of the above.
    C. case law
    (this multiple choice question has been scrambled)
  24. Presidential proclamations are published in the Statutes at Large T/F
    True
  25. Common Law has existed in some form since history first was recorded. T/F
    False
  26. Previously Decided
    Stare Decisis
  27. The thing speaks for itself
    Res ipsa loquitor
  28. Triers of fact
    Jury
  29. A matter adjudicated
    res judicata
  30. Latin term meaning "note well"
    N.B. Nota bene
  31. Constitutional Law, 16 Am.Jur.2d § 349, 213 (1987).

    Correct Y/N
    N: 16 Am. Jur. 2d Constitutional Law § 349, 213 (1987).
  32. 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).
  33. 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).
  34. IRS v. Richardson, 156 T.C. 677 (1992).

    Correct Y/N
    N: Commissioner v. Richardson, 156 T.C. 677 (1992).
  35. Tax Procurement Act, 39 U.S. Code § 117 (1990).

    Correct Y/N
    N: Tax Procurement Act, 39 U.S.C. § 117 (1990).
  36. Kellum v Riedstrom, 464 F.2d 366 (5th Cir. 1989)

    Correct Y/N
    Y
  37. Kellum, supra, at 370.

    Correct Y/N
    N - cannot use supra in briefs and memoranda.
  38. 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).
  39. Black's Law Dictionary 768 (7th ed. 1992).

    Correct Y/N
    Y
  40. 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).
  41. A proposed legislative measure.
    a bill
  42. Once a bill is adopted it becomes a
    slip law
  43. Pur Curiam Opinion
    opinion of the entire court
  44. memorandum opinion
    brief, cursory opinion
  45. Current US Court of Appeals decisions are published in
    the Federal Reporter, Third Series (F.3d)
  46. Current US District court decisions are published in
    the Federal Supplement (F. Supp.)
  47. The official case reporter for Supreme Court published opinions is the
    United States Reports (U.S.)
  48. Corpus Juris Secundum is cited
    C.J.S.
  49. American Law Reports is cited
    A.L.R.
  50. Digests are catalogued under topics using the TARP method
    • Thing
    • Action
    • Relief
    • Parties
  51. U.S. Const. art. IV, §2, cl. 3.
    U.S. Const. amend. XIV, § 1.
    Citing the Constitution
  52. 15 U.S.C. § 7 (1998)
    Citing the US Code
  53. Health Care Act, Pub. L. 92-117, 83 Stat.624 (1987).
    Citing Statutes at Large
  54. Fed. R. App. P. 2.
    Fed. R. Civ. P. 12.
    Fed. R. Crim. P. 42.
    Fed. R. Evid. 401
    Citing Procedural Rules
  55. Parker v. United States, 402 U.S. 634, 639 (1991) (Stevens, J. dissenting).
    Citation for dissenting opinion
  56. 22 C.F.R. § 145.6 (1992).
    Code of Federal Regulations Citation (Admin Law)
  57. 48 Fed. Reg. 37,315 (1983)
    Federal Register Citation (Admin Law)
  58. John Willis, Annotation, Industrial Noise: Promoting an Unsafe Work Enviroment, 76. A.L.R. Fed. 489 (1986)
    Annotated Law Reports citation
  59. 88 C.J.S. Trial § 107 (1980).
    Corpus Juris Secundum citation
  60. 46 Am. Jur. 2d Husband and Wife § 118, 121 (1986)
    American Jurisprudence Citation
  61. Black's Law Dictionary 411 (7th ed. 1992).
    Ballentine's Law Dictionary 1078 (3d ed. 1969)
    Law dictionary citations
  62. Components of a full case brief are:
    • Case Name and Citation
    • Identity of Court
    • Judicial History
    • Facts
    • Issue
    • Decision
    • Holding
    • Rationale
  63. C.J.S. uses the West Key number system. T/F
    True
  64. Annotations and summarized briefs of counsel are hallmarks of the Supreme Court Reports. T/F
    True
  65. A researcher should cite to the most recent digest where a particular case summary is found. T/F
    False
  66. A decennial Digest is part of the
    A. West Reporter System
    B. American Law System
    C. Regional Reporter System
    D. American Digest System
    D. American Digest System
    (this multiple choice question has been scrambled)
  67. The cases reported in the Federal Reporter, Second Series, include
    A. cases from fed. courts of appeals, as selected by West editors.
    B. cases from fed. courts of appeas, as ordered by the judges.
    C. all cases decided by federal courts of appeals
    D. cases from fed. courts of appeals, as selected by the judges
    B. cases from fed. courts of appeas, as ordered by the judges.
    (this multiple choice question has been scrambled)
  68. Before 1924, cases from the U.S. Court of Appeals and hte U.S. District Court were combined in
    A. the Federal Supplement
    B. the Federal Reporter, Second Series
    C. Federal Cases
    D. the Federal Reporter
    C. Federal Cases
    (this multiple choice question has been scrambled)
  69. The Federal Register is an official publication T/F
    True
  70. The Federal Supplement is an official publication T/F
    False
  71. The Code of Federal Regulations is an official publication T/F
    True
  72. Supreme Court Reports is an official publication T/F
    False
  73. United States Reports is an official publication T/F
    True
  74. The United States Code Service is an official publication T/F
    False
  75. The Atlantic Reporter, Second Series, is an official publication T/F
    False
  76. The United States Code is an official publication T/F
    True
  77. If a researcher wants to check the current status of a case, he or she should use
    A. a digest
    B. a supplement
    C. Shepard's Citators
    d. two of the above
    e. all of the above
    C. Shepard's Citators
    (this multiple choice question has been scrambled)
  78. 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
  79. U.S. Reports contains
    A. summaries of briefs of counsel
    B. headnotes of editors
    C. a syllabus of the court
    D. references to other sources
    e. all of the above
    C. a syllabus of the court
    (this multiple choice question has been scrambled)
  80. a scope note tells a researcher coverage of a particular
    A. A.L.R. topic
    B. index topic
    C. encyclopedia topic
    D. digest topic
    D. digest topic
    (this multiple choice question has been scrambled)
  81. A.L.R. is
    A. filled with extensive selected annotations
    B. filled with key number references
    C. an encyclopedia
    D. an official publication
    A. filled with extensive selected annotations
    (this multiple choice question has been scrambled)
  82. Federal rules and regulations are
    A. secondary law
    B. procedural law
    C. statutory law
    d. all of the above
    C. statutory law
    (this multiple choice question has been scrambled)
  83. 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
    (this multiple choice question has been scrambled)
  84. Which of the following represent primary authority?
    A. common law, session laws, exec. orders, annotations.
    B. common law, statutes, Constitution, treatise
    C. rules of procedure, local court rules, exec. orders, admin. regs.
    D. case law from equal or lower jurisdiction, statutes, Constitution, common law
    C. rules of procedure, local court rules, exec. orders, admin. regs.
    (this multiple choice question has been scrambled)
  85. Which of the following is (are) not shown in the correct citation form?
    A. 19 C.J.S. Constitutional Law § 256, 261 (1989)
    B. Ace v. Deuce R.R. Co., 453 U.S. 766 (1993)
    C. Ace v. Deuce, 766 F. Supp. 613 (D. Neb. 1993)
    d. two of the above
    e. all of the above
    f. none of the above
    B. Ace v. Deuce R.R. Co., 453 U.S. 766 (1993)
    (this multiple choice question has been scrambled)
  86. among other things
    inter alia
  87. notwithstanding
    non obstante
  88. illogical, does not follow
    non sequiter

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