final

Question 1

a. What is meant by Weight of Authority?

Answer 1

a. Binding vs persuasive

Question 2

What is the Hierarchy of Law?

Answer 2

a. Constitutions
b. Statute
c. Treaties
d. Case law

Question 3

What is the highest legal authority within Ohio in relation to the Hierarchy of Law?

Answer 3

a. Ohio Constitution

Question 4

d. Explain the difference between persuasive and binding authority?

Answer 4

a. Binding authority must be followed. Persuasive merely should be considered.

Question 5

e. What are some examples of persuasive authority?

Answer 5

a. Cases from outside home jurisdiction. Restatements. Dicta.

Question 6

f. What is another term for binding authority?

Answer 6

a. Primary authority

Question 7

a. unofficial decisions of the United States Supreme Court?

Answer 7

Supreme Court Reporter (S. Ct.)

Question 8

b. unofficial decisions of the Ohio Supreme Court?

Answer 8

N.E. 3rd

Question 9

c. unofficial decisions of the Pennsylvania Superior Court?

Answer 9

A.3d

Question 10

a. official reporter the United States Supreme Court?

Answer 10

United States Reports, U.S.

Question 11

official reporter the Ohio Supreme Court?

Answer 11

Ohio State Reports 3rd

Question 12

c. official reporter of the Pennsylvania Supreme Court?

Answer 12

Pennsylvania State Reports 3rd

Question 13

What determines or makes a case report “official?”

Answer 13

Authorized by statute and carried out by the government.

Question 14

What are slip laws?

Answer 14

The first official publication of a federal statute

Question 15

What are session laws?

Answer 15

Compilation of Slip Laws at the end of a congressional session

Question 16

What is meant by a state code of laws & what is the difference between state session laws and state code laws?

Answer 16

Codification of statutes published by states and fed govt. Session laws are the official statutes themselves

Question 17

8. How is the Ohio Revised Code organized? Is this code official or unofficial? What makes it official or unofficial?

Answer 17

By subject matter. Official.

Question 18

What is meant by an annotated state code?

Answer 18

An annotated code provides the text of a statute (arranged by subject) and annotations

Question 19

b. What is the difference between an official or unannotated code and an annotated code? Is the language of the law identical in both codes?

Answer 19

Annotations to additional sources in addition to the statute language. Yes.

Question 20

11. Where is a law first published in the federal system?

Answer 20

Office of the Federal Register (OFR) as a part of the Federal Register Publications System. In this form, the law is published by itself in an unbound pamphlet.

Question 21

12. What are five terms that can be broadly construed to include as legislation?

Answer 21

Constitutions
Statutes
Ordinances
Codes
Administrative regulations

Question 22

What is meant by Cannons of Construction and when are they used?

Answer 22

Statutory interpretation. Text based tools with Latin names.

Question 23

a. What is in pari materia?

Answer 23

a. doctrine in statutory construction that statutes that are in pari materia must be construed together

Question 24

b. What is ejusdem generis?

Answer 24

a. Of the same kind. Uses a catch all “and others” type word at the end.

Question 25

What is the difference between primary and secondary authority?

Answer 25

Binding and persuasive

Question 26

what is noscitur a sociis

Answer 26

an unclear or ambiguous word (as in a statute or contract) should be determined by considering the words with which it is associated in the context

Question 27

What are the two national legal encyclopedias?

Answer 27

``` o Amgur 2nd (American Jurisprudence 2d) o CJS (Corpus Juris Secundum) ```

Question 28

16. When in the research process would you consult a national or state encyclopedia?

Answer 28

At the beginning with my secondary source search

Question 29

17. What is the current Ohio encyclopedia?

Answer 29

Ohio Jurisprudence 3d

Question 30

. How are print encyclopedias organized?

Answer 30

Alphabetical by subject matter

Question 31

How are the print encyclopedias updated (in print and on line)?

Answer 31

pocket parts

Question 32

What is ALR?

Answer 32

Annotations / articles on emerging or interesting areas of law

Question 33

What do the letters (ALR) stand for?

Answer 33

American Law Report

Question 34

How is each volume of ALR organized?

Answer 34

chronological

Question 35

Under what circumstances would you use ALR?

Answer 35

When you want the latest on that particular area of law

Question 36

a. How is an ALR updated?

Answer 36

pocket part supplements

Question 37

25. How would one find an ALR annotation on a point of law?

Answer 37

Index in print.

Question 38

b. Is an ALR article still available in print?

Answer 38

yes

Question 39

c. Is citing to ALR in a court document recommended?

Answer 39

no

Question 40

Which ALR series is currently adding volumes?

Answer 40

7th

Question 41

28. Is ALR on both Lexis and Westlaw?

Answer 41

Westlaw only

Question 42

Is ALR the same as an encyclopedia, if not how does this source differ from an encyclopedia?

Answer 42

No. It’s more specific.

Question 43

What is Causes of Action? Is this source both in print and on line?

Answer 43

Secondary source. Online only. Westlaw. USe this early in research.

Question 44

31. Is the topic and key number system the same as Key Cite? If not, what is the difference?

Answer 44

Similar. West v. Lexis

Question 45

32. What are Model Acts or Codes? Give some examples of Model Acts:

Answer 45

Model codes are suggested Acts/Codes that can be adopted by legislatures. They are primary if enacted. Secondary authority if not; e.g. Model Penal Code

Question 46

What are Uniform Laws? What authority is the Uniform Commercial Code?

Answer 46

Laws that are uniform across jurisdictions. UCC is a widely adopted code to handle commercial transactions.

Question 47

35. Generally, what kind of authority are the Uniform Laws?

Answer 47

Primary

Question 48

What purpose does Words and Phrases serve? Under what research circumstances would you use this resource?

Answer 48

Dictionary with legal meanings of common words. Statutory interpretation

Question 49

What are the Restatements and what purpose do they serve and does Restatements, 2d supersede Restatements?

Answer 49

Treatises, secondary authority. Yes.

Question 50

38. Who writes the Restatements?

Answer 50

ALI: American Law Institute (lawyers)

Question 51

39. Give three areas of the law that have Restatements.

Answer 51

Torts, Contracts, Property

Question 52

40. What type of authority may the Restatements be used as?

Answer 52

strong persuasive

Question 53

What are Hornbooks?

Answer 53

Study materials. Digested versions of case books

Question 54

What are Treatises?

Answer 54

Secondary source. Scholarly article on area of law

Question 55

What is one Ohio Treatise?

Answer 55

Baldwin

Question 56

. What purpose does a treatise serve?

Answer 56

Practitioner tool. Guides lawyers and judges in the direction of good law.

Question 57

. What are law reviews? Is a law review on point with your case, citable? Why or why not?

Answer 57

Student edited periodical publicans on law. Yes, you can. Additional persuasive authority.

Question 58

Can a law review be Shepardized?

Answer 58

no

Question 59

. In the West Digest System, what does a topic and key number mean?

Answer 59

Citator that assigns numbers to areas of law and categorizes them together across cases.

Question 60

How are the West key numbers assigned?

Answer 60

Editor

Question 61

What purpose does the topic and key number serve in the research process?

Answer 61

Breaks out different points of law within a case then links other cases together using that point

Question 62

48. What is the state digest for Ohio?

Answer 62

West’s Ohio Digest

Question 63

49. What is meant by the one good case method of research?

Answer 63

Find a case on point, see what cites to it.

Question 64

What is Shepard’s Citations?

Answer 64

Citation system developed by Frank Shephard to report all US cases

Question 65

Can Statutes be Shepardized?

Answer 65

yes

Question 66

Shepardizing a case, what is actually being Shepardized?

Answer 66

Holding

Question 67

What are meant by dicta?

Answer 67

judge opinion not the holding. persuasive.

Question 68

What kind of authority are dicta?

Answer 68

Persuasive

Question 69

Can you do a Boolean search aka terms and connectors on WestlawNext?

Answer 69

yes

Question 70

What is meant by Field Restrictions on Westlaw Next and explain the use of them?

Answer 70

Use when you want to restrict search to a particular area of a document

Question 71

Explain the use of the asterisk (*) and the exclamation point (!) in doing electronic research on LexisAdvance or WestlawNext by giving examples.

Answer 71

Wom*e for woman, women = wildcard letter | Defend! = defendant, defender = root epander

Question 72

How does a bill can become law without the President signing it if, when the President does not return the bill with his objections and if Congress is in session?

Answer 72

After 10 days if congress hasn’t adjourned then it becomes law by default.

Question 73

What online citators can be consulted to update state and federal statutes?

Answer 73

Shepards and KeyCite

Question 74

What is IRAC?

Answer 74

Issue, rule, analysis, conclusion

Question 75

What is CRAC & CREAC?

Answer 75

CRAC (Conclusion, Rule, Application, Conclusion), or CREAC (Conclusion, Rule, Explanation, Application, Conclusion)

Question 76

What purpose does IRAC or CRAC (CREAC) serve in legal writing organization?

Answer 76

Structure and clarity. Formalism

Question 77

What is a topic sentence and what purpose does it serve?

Answer 77

Introduces a topic for analysis before a controlling rule or case holding

Question 78

What is the difference between an office memorandum and a court memorandum/trial brief?

Answer 78

Objective vs persuasive

Question 79

a. A memorandum has a precise format, please give the precise sections (5):

Answer 79

Statement of facts, Issue, Brief Answer, Discussion, Conclusion

Question 80

b. What is the purpose of the objective memorandum?

Answer 80

To inform. Usually an internal document.

Question 81

. In legal writing what is the purpose of describing facts more broadly in crafting the holding of a case?

Answer 81

If you want to broaden the applicability of a law to the facts of your case.

Question 82

In legal writing, what purpose does reasoning by analogy or by distinction serve?

Answer 82

To apply the facts of your case to existing law or case precedent

Question 83

71. What facts need to be analogized in memorandum writing?

Answer 83

Legally significant facts

Question 84

In memorandum writing what is the difference between the principal argument and the counter argument?

Answer 84

Principal argument goes first and is the side you are arguing

Question 85

How should the two arguments be organized in the office memorandum?

Answer 85

Primary argument then counter argument

Question 86

In memorandum or advocacy writing, what is meant by the Question Presented?

Answer 86

What is the primary issue?

Question 87

For the Q/P if you are required to include both sides of the issue, generally which side should be placed first?

Answer 87

Principal Argument, the side you think will win

Question 88

c. What is meant by the principal argument vs. the counter argument?

Answer 88

Counter argument is the opposing position

Question 89

75. In Memorandum writing, what critical information needs to be included in the Statement of the Facts? Give the facts that should be included:

Answer 89

Legally relevant facts; fact that appear in the discussion, relevant background info

Question 90

77. What is meant by lsf: legally significant facts?

Answer 90

Facts that can control the outcome of the case; pertinent to the LE

Question 91

How are legally significant facts determined?

Answer 91

Context of the case

Question 92

In reviewing all parts of the objective memorandum, where would the legally significant facts be found?

Answer 92

everywhere

Question 93

What purpose does a full regional citation serve? AND When is Id. used in legal writing?

Answer 93

Helps the reader find the info. Case name, reporter, court, date, and the volume/page of the reporter. Id for citing to last cited source.

Question 94

81. What is the difference between citing authority using parallel v. regional citation in legal writing?

Answer 94

Use parallel when preparing documents for courts that require it per their rules

Question 95

82. What are introductory signals?

Answer 95

See, see also, etc |  Refers to additional supporting sources

Question 96

83. What purpose do signals serve in legal writing?

Answer 96

Explain if cites work for or against the stated fact

Question 97

84. What purposes does legal citation serve in the Office Memorandum?

Answer 97

To make sure you’re correct because it’s assumed you aren’t

Question 98

85. What is the purpose of pinpoint citations?

Answer 98

Takes the reader to the actual page you’re discussing in a longer case