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NALA Testing > Legal Research > Flashcards

Legal Research Flashcards

1
Q

Statues at Large

* what is it and how is it compiled

A

the collection of laws passed by the United States Congress, in chronological order

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2
Q

The United States Code

  • what is it
  • published by who
  • how is it compiled
A
  • the official compilation and codification of the general and permanent federal statutes of the US
  • it is prepared and published by the Office of the Law Revision Counsel of the US House of Representatives
  • it is organized into titles based on subject matter
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3
Q

U.S. Law Week

A

contains recent decisions of the US Supreme Court

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4
Q

The Federal Reporter

A

a case law reporter published by West

- it begins with cases decided in 1880

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5
Q

How are Statutes published

A

they are published in three different forms: slip laws, session laws and codes

  • statues are published as session laws before they are codified
  • newly enacted laws are published chronologically, first as separate statutes in “slip law” form and later cumulatively in the bound volumes of the Statutes at Large
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6
Q

American Digest System

  • what is it
  • published by who
A
  • a system of identifying points of law from reported cases and organizing them by topic and key number (finding court cases)
  • system was developed by West Publishing to organize the entire body of American law
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7
Q

de novo

A

when an appellate court reviews a case de novo on the record, it tries the case anew, as if NO TRIAL had occurred in the lower court

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8
Q

Until 1932, case from the US Court of Appeals and the US District Court were combined in ____.

A

the Federal Reporter

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9
Q

Star Paging

A

is used to refer to the page number of the original reporter when a case is reprinted in another reporter

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10
Q

to update the status of a particular statue, one may use ____.

A

supplement volume or pocket part supplement

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11
Q

To determine whether a particular statute has been ruled unconstitutional by a court, one may use ____.

A

Shepard’s Citations, STATUTE EDITION

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12
Q

When a researcher wants to show that a statment in his brief is supported by the cited case, he should use ___.

A

NO signal is used

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13
Q

supra

A

cited in full above, before

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14
Q

infra

A

cited in full below, following

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15
Q

F.R.D contains:

A

decisions concerning federal rules of procedure

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16
Q

The US Constitution may be found…

A

the first volume of the United States Code

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17
Q

List primary authority (9)

A 
refers to statements of law that are binding upon the courts, government, and individuals
Examples:
1 Constitutions
2 Basic laws
3 Statutes (whether codified on uncodified)
4 Treaties
5 Municipal charters and ordinances
6 Rules of court procedure
7 Rules of evidence
8 Administrative regulations
9 Executive orders
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18
Q

American Jurisprudence Second

- published by who

A
  • cited as Am. Jur. 2d - is an encylopedia of the US law

- published by West

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19
Q

Shepard’s Citations

- what does it mean to shepardize a case

A

provides a list of all the authorities citing a particular case, statute, or other legal authority
* to shepardize a case means to use Shepard’s Citation to identify other cases and authorities that have discussed the authority begin Shepardize (by doing this, you can analyze their current value as precedent)

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20
Q

United States Code Annotated

A
  • a consolidation and codification by subject matter of the general and permanent laws of the US
  • it is prepared by the Office of the Law Revision Counsel of the US House of Representatives
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21
Q

treatise

A
  • a scholarly legal publication containing all the law relating to a particular area, such as criminal law or trusts and estates
  • a secondary source
22
Q

restatement of law

A
  • are secondary sources that seek to “restate” the legal rules that constitute the common law in a particular area
  • written by the American Law Institute (ALI)
23
Q

session laws

A
  • the collection of statutes enacted by a legislature during a single session of that legislature
  • often published following the end of the session as a bound volume
  • Stat. (chronological, official)
24
Q

slip law

A
  • an individual Act of Congress which is ether a public law or a private law
  • they are part of a three-part model for publication of Federal statutes consisting of slip laws, session laws and codification
25
Q

Code of Federal regulations

A

CFR - the codification of the general and permanent rules and regulations (aka administrative law) published in the Federal Register by executive departments and agencies of the federal government

26
Q

Congressional Record

A

official record of the proceedings and debates of the US Congress, published by the US Government Publishing Office and issued when Congress is in session

27
Q

US Law Week

A

provides most current print information on US Supreme Court activity; also provides coverage of national legal news

28
Q

concurring opinion

A

an opinion filed by a judge which agrees with the majority decision, but which expresses her different reasons for the decision, or a different view of the facts of the case, or of the law

29
Q

memorandum opinion

A

a court’s decision that gives the ruling, but NO OPINION; the decisions is not subject to appeal by the dissatisfied party

30
Q

dissenting opinion

A

an opinion filed by a judge who disagrees with the majority decision of a case

31
Q

West’s National Reporter Blue Book

A

complied cases from state and federal courts and organizes them into various reporter sets

32
Q

per curiam opinion

A

a decision handed down by the court as a whole, without identifying any particular judge as the author
*** It is the opinion of the court as a single body

33
Q

statutory law

A

laws passed by the legislature

34
Q

case law

A

the law as established by the outcome of former cases

35
Q

administrative law

A
  • the body of law that governs the activities of administrative agencies of government
  • Government agency action can include rule making, adjudication, or the enforcement of a specific regulatory agenda
  • Administrative law is considered a branch of public law
36
Q

Presidential proclamations are published in ___.

A

Statutes at Large

37
Q

common law

A
  • ## (aka judical precedent or judge-made law or case law) the part of English law that is derived from custom and judicial precedent rather than statutes
38
Q

A.L.R

A

American Law Report

39
Q

extrapolate

A

arrive at (a fact or a conclusion) by reasoning

40
Q

ab initio

A

“from the begining”

41
Q

elucidate

A

make (something) clear; explain

42
Q

termerity

A

excessive confidence or boldness; audacity.

43
Q

refractory

A

stubborn or unmanageable

44
Q

extricate

A

free (someone or something) from a constraint or difficulty

45
Q

et vir

A

“and husband”

46
Q

et al.

A

an abbreviation for et alia meaning “and others”

47
Q

hypothecate

A

pledge as security for a debt

48
Q

non sequitur

A

a conclusion or statement that DOES NOT LOGICALLY FOLLOW from the previous argument or statement

49
Q

N.B.

A

lain term meaning “note well”

50
Q

res judicata/ adjudicated

A

a matter that has been adjudicated by a competent court and may not be pursued further by the same parties.

NALA Testing (11 decks)

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