Legal Research

Statutes at Large is the official publication that included all laws enacted by Congress T/F

The United States Code is an official publication that includes all laws enacted by Congress. T/F

The Federal Supplement contains only selected decisions of the US District Courts. T/F

The Federal Reporter, Second Series, is an official reporter. T/F

The terms memorandum opinion and memorandum of law mean approximately the same thing. T/F

Federal session laws may be found in Statues at Large. T/F

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

Obiter dictum is a Latin term that refers to the court's comments about things other than the holding of the case. T/F

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.

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

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.

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.

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.

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

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

Supra means cited in full above, before, earlier T/F

Infra means cited in full below T/F

The Statues at Large is compiled chronologically; the US Code is compiled by Topic. T/F

The best tool for locating parallel citations is West's Nat. Rep. Blue Book, if you know the case citation. T/F

A pur curiam opinion is a unanimous opinion of the entire court. T/F

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.

An executive order is classified as
A. case law
B. statutory law
C. administrative law
d. none of the above

a decision of an administrative agency is classified as
A. common law
B. statutory law.
C. case law
d. none of the above.

Presidential proclamations are published in the Statutes at Large T/F

Common Law has existed in some form since history first was recorded. T/F

Previously Decided

The thing speaks for itself

Triers of fact

A matter adjudicated

Latin term meaning "note well"

Constitutional Law, 16 Am.Jur.2d § 349, 213 (1987).

Correct Y/N

J.C. Penny Co., Inc. v. Mary Staats, 329 Neb. 464, 617 N.W.2d 456 (1991).

Correct Y/N

EEOC v. Manning, 440 U.S. 29, 566 S. Ct. 908, 790 L. Ed. 2d 46 (1983).

Correct Y/N

IRS v. Richardson, 156 T.C. 677 (1992).

Correct Y/N

Tax Procurement Act, 39 U.S. Code § 117 (1990).

Correct Y/N

Kellum v Riedstrom, 464 F.2d 366 (5th Cir. 1989)

Correct Y/N

Kellum, supra, at 370.

Correct Y/N

United States v. Claussen, 613 Fed. Supp. 296 (E.D.N.Y. 1989).

Correct Y/N

Black's Law Dictionary 768 (7th ed. 1992).

Correct Y/N

Davis v. Central R.R. Co., Inc., 509 F.2d 199, 201 (8th Cir. 1988).

Correct Y/N

A proposed legislative measure.

Once a bill is adopted it becomes a

Pur Curiam Opinion

memorandum opinion

Current US Court of Appeals decisions are published in

Current US District court decisions are published in

The official case reporter for Supreme Court published opinions is the

Corpus Juris Secundum is cited

American Law Reports is cited

Digests are catalogued under topics using the TARP method

U.S. Const. art. IV, §2, cl. 3.
U.S. Const. amend. XIV, § 1.

15 U.S.C. § 7 (1998)

Health Care Act, Pub. L. 92-117, 83 Stat.624 (1987).

Fed. R. App. P. 2.
Fed. R. Civ. P. 12.
Fed. R. Crim. P. 42.
Fed. R. Evid. 401

Parker v. United States, 402 U.S. 634, 639 (1991) (Stevens, J. dissenting).

22 C.F.R. § 145.6 (1992).

48 Fed. Reg. 37,315 (1983)

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

88 C.J.S. Trial § 107 (1980).

46 Am. Jur. 2d Husband and Wife § 118, 121 (1986)

Black's Law Dictionary 411 (7th ed. 1992).
Ballentine's Law Dictionary 1078 (3d ed. 1969)

Components of a full case brief are:

C.J.S. uses the West Key number system. T/F

Annotations and summarized briefs of counsel are hallmarks of the Supreme Court Reports. T/F

A researcher should cite to the most recent digest where a particular case summary is found. T/F

A decennial Digest is part of the
A. West Reporter System
B. American Law System
C. Regional Reporter System
D. American Digest System

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

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

The Federal Register is an official publication T/F

The Federal Supplement is an official publication T/F

The Code of Federal Regulations is an official publication T/F

Supreme Court Reports is an official publication T/F

United States Reports is an official publication T/F

The United States Code Service is an official publication T/F

The Atlantic Reporter, Second Series, is an official publication T/F

The United States Code is an official publication T/F

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

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

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

a scope note tells a researcher coverage of a particular
A. A.L.R. topic
B. index topic
C. encyclopedia topic
D. digest topic

A.L.R. is
A. filled with extensive selected annotations
B. filled with key number references
C. an encyclopedia
D. an official publication

Federal rules and regulations are
A. secondary law
B. procedural law
C. statutory law
d. all of the above

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.

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

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

among other things

notwithstanding

illogical, does not follow