Legal Research

  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



    B. contains recent decisions of the US Supreme Court
  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.
  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
  11. Star paging is



    B. use to refer to the page # of the orig. reporter when a case is reprinted in another reporter.
  12. To determine if a statute has been ruled unconstitutional by a court, one may use



    B. Shepard's Citations, Statute Ed.
  13. Which of the following represent primary authority?



    C. rules of procedure, case law, statutes, Constitution.
  14. If a researcher knows when a federal statute was enacted, which provides the most direct access to the text of that statute?



    B. Congressional Records
  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?



    D. no signal used
  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:



    B. decisions concerning federal rules of procedure.
  22. An executive order is classified as



    A. statutory law
  23. a decision of an administrative agency is classified as



    B. case law
  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



    D. American Digest System
  67. The cases reported in the Federal Reporter, Second Series, include



    D. cases from fed. courts of appeas, as ordered by the judges.
  68. Before 1924, cases from the U.S. Court of Appeals and hte U.S. District Court were combined in



    C. Federal Cases
  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




    B. Shepard's Citators
  78. If a researcher wants to check the current status of a statute, he or she should use




    D. two of the above
  79. U.S. Reports contains




    A. a syllabus of the court
  80. a scope note tells a researcher coverage of a particular



    C. digest topic
  81. A.L.R. is



    B. filled with extensive selected annotations
  82. Federal rules and regulations are



    B. statutory law
  83. Nearly every reporter contains



    A. a descriptive word index
  84. Which of the following represent primary authority?



    D. rules of procedure, local court rules, exec. orders, admin. regs.
  85. 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)
  86. among other things
    inter alia
  87. notwithstanding
    non obstante
  88. illogical, does not follow
    non sequiter
Author
tismeinaz
ID
153903
Card Set
Legal Research
Description
Legal Research
Updated