Statutes at Large is the official publication that included all laws enacted by Congress T/FTrue False
True
The United States Code is an official publication that includes all laws enacted by Congress. T/FTrue False
False
The Federal Supplement contains only selected decisions of the US District Courts. T/FTrue False
True
The Federal Reporter , Second Series, is an official reporter. T/FTrue False
False
The terms memorandum opinion and memorandum of law mean approximately the same thing. T/FTrue False
False
Federal session laws may be found in Statues at Large . T/FTrue False
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/FTrue False
True
The record of a court case includesA. pleadings, transcript of trial testimony and exhibits. B. transcripts of trial testimony and exhibits. C. pleadings, briefs, motions, transcripts of trial testimony & 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, itA. 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 isA. 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. a supplement to the statutory code. B. Shepard's Citations, Statute Ed. C. Shepard's Citations, Case Ed. D. Shepard's Citations
B. Shepard's Citations, Statute Ed.
Which of the following represent primary authority?A. judicial legislation, rules of procedure, Constitution, statutes. B. sessions laws, case law, annotations, Constitution, legal dictionaries. C. rules of procedure, case law, statutes, Constitution. D. case law, Constitution, rules of procedure, restatements of law.
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. Congressional Records C. US Law Week D. Code of Federal Regulations
B. 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. cf B. accord C. see D. no signal used
D. no signal used
Supra means cited in full above, before, earlier T/FTrue False
True
Infra means cited in full below T/FTrue False
True
The Statues at Large is compiled chronologically; the US Code is compiled by Topic. T/FTrue False
True
The best tool for locating parallel citations is West's Nat. Rep. Blue Book, if you know the case citation. T/FTrue False
False
A pur curiam opinion is a unanimous opinion of the entire court. T/FTrue False
True
F.R.D. contain:A. rules of Congress B. decisions concerning federal rules of procedure. C. decisions concerning local rules of federal courts. D. decisions of admin. agencies concerning their rules and regs.
B. decisions concerning federal rules of procedure.
An executive order is classified asA. statutory law B. case law C. administrative law D. none of the above
A. statutory law
a decision of an administrative agency is classified asA. 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/FTrue False
True
Common Law has existed in some form since history first was recorded. T/FTrue False
False
Previously Decided
Stare Decisis
The thing speaks for itself
Res ipsa loquitor
A matter adjudicated
res judicata
Latin term meaning "note well"
N.B. Nota bene
Constitutional Law , 16 Am.Jur.2d § 349, 213 (1987).
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).
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).
N: EEOC v. Manning , 440 U.S. 29 (1983).
IRS v. Richardson , 156 T.C. 677 (1992).
N: Commissioner v. Richardson , 156 T.C. 677 (1992).
Tax Procurement Act, 39 U.S. Code § 117 (1990).
N: Tax Procurement Act, 39 U.S.C. § 117 (1990).
Kellum v Riedstrom , 464 F.2d 366 (5th Cir. 1989)
Y
Kellum, supra , at 370.
N - cannot use supra in briefs and memoranda.
United States v. Claussen , 613 Fed. Supp. 296 (E.D.N.Y. 1989).
N - United States v. Claussen , 613 F. Supp. 296 (E.D.N.Y. 1989).
Black's Law Dictionary 768 (7th ed. 1992).
Y
Davis v. Central R.R. Co., Inc., 509 F.2d 199, 201 (8th Cir. 1988).
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
U.S. Const. art. IV, §2, cl. 3.
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.
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).
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/FTrue False
True
Annotations and summarized briefs of counsel are hallmarks of the Supreme Court Reports. T/FTrue False
True
A researcher should cite to the most recent digest where a particular case summary is found. T/FTrue False
False
A decennial Digest is part of the A. Regional Reporter System B. American Law System C. West Reporter System D. American Digest System
D. American Digest System
The cases reported in the Federal Reporter, Second Series, includeA. cases from fed. courts of appeals, as selected by the judges B. all cases decided by federal courts of appeals C. cases from fed. courts of appeals, as selected by West editors. 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 inA. the Federal Reporter, Second Series B. the Federal Supplement C. Federal Cases D. the Federal Reporter
C. Federal Cases
The Federal Register is an official publication T/FTrue False
True
The Federal Supplement is an official publication T/FTrue False
False
The Code of Federal Regulations is an official publication T/FTrue False
True
Supreme Court Reports is an official publication T/FTrue False
False
United States Reports is an official publication T/FTrue False
True
The United States Code Service is an official publication T/FTrue False
False
The Atlantic Reporter, Second Series, is an official publication T/FTrue False
False
The United States Code is an official publication T/FTrue False
True
If a researcher wants to check the current status of a case, he or she should useA. 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 useA. 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 containsA. 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 particularA. A.L.R. topic B. index topic C. digest topic D. encyclopedia topic
C. digest topic
A.L.R. isA. filled with key number references B. filled with extensive selected annotations C. an encyclopedia D. an official publication
B. filled with extensive selected annotations
Federal rules and regulations areA. secondary law B. statutory law C. procedural law D. all of the above
B. statutory law
Nearly every reporter containsA. 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. common law, session laws, exec. orders, annotations. B. case law from equal or lower jurisdiction, statutes, Constitution, common law C. common law, statutes, Constitution, treatise D. rules of procedure, local court rules, exec. orders, admin. regs.
D. 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
