law chapter 2 Flashcards

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1
Q

True/ False Using the internet to conduct legal research can be beneficial if you carefully evaluate the credibility of the website.

A

True

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2
Q

To locate court opinions and decisions on case law you should look at

A

Reporters

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3
Q

The function of citators in legal research is?

A

validate and expand your research.
check if a case still has precedential value

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4
Q

True /False
When conducting legal research, finding a relevant and current case is trivial.

A

False

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5
Q

True/ False
Because federal laws (U.S.C.) and regulations (C.FR) are updated frequently, it is better to find resources through legal databases.

A

True

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6
Q

The difference between the U.S.C., U.S.C.A., and the U.S.C.S. is that…

A

**both U.S.C.A. and U.S.C.S. contain additional references to federal regulations and secondary sources

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7
Q

state statues
case law
federal regulations
judicial decision

A

Primary Sources

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8
Q

Secondary Sources

A

journal articles
legal treatise
legal index
legal dictionary

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9
Q

True/False If you are using the West Digest system to find cases on special education, you could look in the index for all cases including the topic and key number.

A

True

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10
Q

United States Code U.S.C. Citation
20 U.S.C. § 1401 (29)

A

20 Title number
U.S.C. United states code
§ Section
1401 Section number
(29) subsection

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11
Q

Code of Federal Regulations (CFR) Citation
34 C.F.R. § 300.39 (a)(1)

A

34 title number
C.F.R. Code of Federal Regulations
§ Section
300.39 Section number
(a)(1) Subsection letter and number

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12
Q

Case Law Citations
Daniel R.R. v. State Board of Educ., 874 F.2d 1036 (5th Circ. 1989)

A

Name of case Daniel R.R. v. State Board of Educ.,
Volume number 874
Name of reporter F.2d
Page number 1036
Court and year of (5th Cir. 1989)
decision

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13
Q

U.S.C.A

A

United States Code Annotated

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14
Q

United States Code Service

A

U.S.C.S

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15
Q

U.S.C or The United States Code

A

Federal statutes are organized by topic and published in a series of volumes

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16
Q

C.F.R

A

Federal administrative agencies, promulgate regulations to implement and enforce federal statutes

17
Q

Case Law

A

The published decisions of the U.S. District Courts (federal trial courts) are collected in a series of reporters called the Federal Supplement

18
Q

The United States Reports (U.S.)

A

U.S. supreme court report of appellant decisions published by the government and is the official report

19
Q

b. Supreme Court Reporter (S.Ct.).

A

U.S. supreme court report of appellant decisions published by Thomson Reuters (West)

20
Q

c. United States Supreme Court Reports, Lawyers’ Edition L.Ed.

A

U.S. supreme court report of appellant decisions published by Matthew Bender member of the LexisNexis Group.

21
Q

Step 1 Legal Research

A

analyze the problem and determine the most efficient manner in which to proceed

22
Q

Step 2 in Legal Research

A

Conduct the Research

23
Q

Step 3 in Legal Research

A

Evaluate the Results

24
Q

Tools used for Law research

A

A. indexes, B. annotated codes, C. case digests, and D citators

25
Q

Annotated codes

A

are powerful research tools.
statutory language
a wealth of information

26
Q

Secondary sources

A
  • no formal authority. They may have significant
    persuasive authority
  • easier to begin with secondary sources
27
Q
  1. They introduce the researcher to a particular area of
    the law by explaining the issues involved,
  2. provide citations to the primary source material, e.g.,
    statutes
  3. secondary sources: citation guides, legal dictionaries,
    legal encyclopedias, books and treatises, law review
    and journal articles, and topical services.
A

primary functions of secondary sources

28
Q

Legal Dictionaries

A

language of the law: Black’s Law Dictionary and Ballentine’s Law Dictionary.
specialized areas of law, Education and the Law: A Dictionary.