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Legal Research > Legal Research - Basics > Flashcards

Legal Research - Basics Flashcards

1
Q

What are the four primary sources of law?

A

Constitutions, Statutes, Administrative Law, Court Decisions (common law)

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2
Q

What are the four secondary sources of law?

A

Books (treatises), American Law Report Annotations, Law Review Articles, Restatements

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3
Q

In Federal Law, which authority is higher? US Constitution or US Statutes?

A

US Constitution

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4
Q

In Federal Law, which authority is higher? US Constitution or US Administrative Regulations?

A

US Constitution

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5
Q

In Federal Law, which authority is higher? US Statutes or US Administrative Regulations?

A

US Statutes

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6
Q

In State Law, which authority is higher? The State Constitution or State Statutes?

A

The State Constitution

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7
Q

In State Law, which authority is higher? The State Constitution or Decisions of State Courts?

A

The State Constitution

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8
Q

In State Law, which authority is higher? The State Constitution or State Administrative Regulations?

A

The State Constitution

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9
Q

In State Law, which authority is higher? State Statutes or State Administrative Regulations?

A

State Statutes

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10
Q

In State Law, which authority is higher? State Statutes or the Decisions of State Courts?

A

State Statutes

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11
Q

In State Law, which authority is higher? State Administrative Regulations or the Decisions of State Courts?

A

State Administrative Regulations

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12
Q

If Federal Law applies, which authority is higher? The US Supreme Court or US Administrative Regulations?

A

US Administrative Regulations

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13
Q

If Federal Law applies, which authority is higher? The US Supreme Court or US Statutes?

A

US Statutes

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14
Q

If Federal Law applies, which authority is higher? The US Supreme Court or the US Constitution?

A

US Constitution

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15
Q

If State Law applies, which authority is higher? The State Constitution or the US Supreme Court?

A

State Constitution

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16
Q

If State Law applies, which authority is higher? The State Administrative Regulations or the US Supreme Court?

A

State Administrative Regulations

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17
Q

In a judicial ruling, the formula “facts + rule of law = ____”

A

The Holding

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18
Q

What is the definition of ‘Dicta’?

A

Everything outside of the holding.

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19
Q

Primary authorities are those statements or rules of law made by persons or groups empowered to declare what the law is. True or false?

A

True.

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20
Q

True or False:

Primary authorities are the laws themselves.

A

True.

21
Q

True or False:

Secondary authorities are commentaries about the law.

A

True.

22
Q

True or False:
All the sources listed below are primary sources.

a. US Constitution
b. Federal Statutes
c. Federal Cases
d. Federal Administrative Law
e. Michigan Constitution
f. Michigan Statutes
g. Michigan Cases
h. Michigan Administrative Law

A

True.

23
Q

Test 2:
True or False…. The Federal Reporter 3d contain all of the opinions currently issued by the federal circuit courts of appeals.

A

False….

Federal Reporter 3d contains “published” opinions of the federal circuit courts of appeals. While many “unpublished” opinions of those courts currently appear in the Federal Appendix, older unpublished opinions do not appear in any print West reporters. Only about 40% of federal courts of appeals decisions are published.

24
Q

Test 2:

True or False… West regional reporters do not contain cases decided by federal courts.

A

True.

Yes. The West regional reporters (N.E., S.E., S.W., etc) contain only state court cases. The West reporters containing federal cases are the Supreme Court Reporter, Federal Reporter, Federal Appendix and Federal Supplement. Taken together, the various regional and Federal reporters make up West’s National Reporter System.

25
Q

True or False:

U.S. Reports (U.S.) is the unofficial reporter for the U.S. Supreme Court.

A

False.

U.S. Reports is the official reporter.

26
Q

True or False:

Cases from another jurisdiction are considered secondary sources.

A

False.

Cases are ALWAYS primary authority, even when not mandatory.

27
Q

True or False:
Decisions of the Utah Supreme Court cannot be overturned by the U.S. Supreme Court unless they conflict with federal law.

A

True.

The highest court of each state is the ultimate authority for interpretation of that state’s law.

28
Q

True or False:
Decisions of a federal district court in Utah, interpreting and applying Utah law, would be mandatory authority for Utah state trial courts.

A

False.

Federal courts (with the exception of the U.S. Supreme Court) are not higher than state courts. As indicated on the chart, the state and federal court systems are separate and parallel. Consequently, the only federal court that is ever mandatory authority for any state court is the U.S. Supreme Court.

Don’t worry whether the lower federal court is interpreting and applying state or federal law. It doesn’t matter. The only federal court that is mandatory for state courts is the U.S. Supreme Court.

29
Q

True or False:
Decisions of a federal district court sitting in Utah, interpreting and applying federal law, would be mandatory authority for Utah state trial courts.

A

False.

The only federal court that is ever mandatory for state courts is the U.S. Supreme Court.

30
Q

True or False: note, Utah is in the 10th Circuit

Decisions of the U.S. Court of Appeals for the Tenth Circuit, interpreting and applying federal law, would be mandatory authority for all state courts in Utah.

A

False.

It doesn’t matter what law is being interpreted or applied. The only federal court that is mandatory for any state court is the U.S. Supreme Court.

31
Q

True or False:

The only federal court that is mandatory for state courts is the U.S. Supreme Court.

A

True.

32
Q

Chapter 2 Assessment Q
True or False:
West regional reporters contain cases decided by federal courts.

A

False.

The West regional reporters (N.E., S.E., S.W., etc.) contain only state court cases.

The West reporters containing federal cases are the Supreme Court Reporter, Federal Reporter, Federal Appendix, and Federal Supplement.

Taken together, the various regional and federal reporters make up West’s National Reporter System.

33
Q

Chapter 2 Assessment Q
True or False:
In the West reporters, the headnote text and the case synopsis are part of the actual court opinion.

A

False.

The headnote and case text contain additional information and should not be quoted as if they were part of the opinion.

34
Q

Chapter 2 Assessment Q
True or False:
The West reporters generally contain opinions of the trial courts – the non-appellate courts – from the various states.

A

False.

West regional reporters generally cover only the state APPELLATE courts – but there are exceptions.

The spin-offs to the regional reporters: the West New York Supplement and West California Reporter, both cover lower courts in those states.

35
Q

Chapter 2 Assessment Q
True or False:
There are no official reports for current federal courts of appeals or federal district court cases.

A

True.

Oddly, there never have been – and there still aren’t – official reports covering either federal courts of appeals or federal district courts. There are the West reporters, but they are not official.

36
Q

Chapter 2 Assessment Q
True or False:
You need not consult cases in the Federal Reporter 2d series because they are all superseded by cases in the Federal Reporter 3d series.

A

False.

The 2d series still contains many cases that are good law.

37
Q

Chapter 2 Assessment Q
True or False:
The Federal Appendix contains federal district court cases of limited precedential value.

A

False.

***Most missed question of 2nd Assessment

The Federal Appendix contains cases of limited precedential value. But the Federal Appendix covers the federal courts of appeals, NOT the federal district courts.

38
Q

Chapter 2 Region Reporter Q
True or False:
Illinois State Cases would be included in the ‘North Eastern Regional Reporter’ of West’s system.

A

True.

Map:
https://goo.gl/MlU6D0

39
Q

Chapter 2 Region Reporter Q
True or False:
Kentucky State Cases would be included in the ‘South Western Regional Reporter’ of West’s system.

A

True:

Map:
https://goo.gl/MlU6D0

40
Q

Chapter 2

What is a characteristic of a US Supreme Court ‘Per Curiam’ decision?

A

Per Curiam is a decision by the court as a whole.

The author is not identified.

41
Q

True or False:

It is possible for secondary sources to be more persuasive than primary sources.

A

True.

from Mid-term Quiz

42
Q

True or False:

Primary authorities are those statements or rules of law made by persons or groups empowered to declare what the law is.

A

True.

from Quiz 1

43
Q

True or False:

Primary authorities are the laws themselves.

A

True.

from Quiz 1

44
Q

True or False:

Secondary authorities are commentaries about the law.

A

True.

from Quiz 1

45
Q

True or False:

These are all secondary sources:

A. treatises
B. legal encyclopedias
C. legal periodicals
D. cases from another jurisdiction

A

False.

Cases are always primary source, even if they are not mandatory.

(from Quiz 1)

46
Q

True or False:

According to the doctrine of stare decisis, subsequent decisions by the Utah Court of Appeals should result in outcomes similar to those reached in earlier cases on the same point.

A

True.

from Quiz 1

47
Q

True or False:

West regional reporters do not contain cases decided by federal courts.

A

True.

The West regional reporters (N.E., S.E., S.W., etc.) contain only state court cases.

The West reporters containing federal cases are the Supreme Court Reporter, Federal Reporter, Federal Appendix, and Federal Supplement.

Taken together, the various regional and federal reporters make up West’s National Reporter System.

(from Quiz 2)

48
Q

True or False:

In the West reporters, the headnote text and the case synopsis are not part of the actual court opinion.

A

True.

You should never quote from the synopsis or headnotes as if they were part of the opinion.

(from Quiz 2)

Legal Research (4 decks)

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