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Legal Research & Writing 1 > Legal Research Midterm Exam > Flashcards

Legal Research Midterm Exam Flashcards

1
Q

Congress and state legislatures enact laws called statutes (T/F)

A

True

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2
Q

administrative agencies create laws called statutes (T/F)

A

False

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3
Q

administrative agencies create laws called regulations (T/F)

A

True

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4
Q

courts create laws called caselaw (T/F)

A

True

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5
Q

What is another name for the United States Court of Appeals?

A. United States superior court
B. United States court of civil appeals
C. United States circuit court
D. United States district court

A

c. United States Circuit Court

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6
Q

Describe the difference between primary and secondary authorities.

A. Secondary authorities are the law, but primary authorities explain and summarize the law
B. Secondary authorities explain and summarize the law, but primary authorities are the law
C. Secondary authorities are issued by a law-making body, but primary authorities are drafted by an attorney
D. Secondary authorities are the same as primary authorities

A

b. Secondary authorities explain and summarize the law, but primary authorities are the law

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7
Q

Primary Authorities include which of the following? Select all that apply.

A. Treatises
B. Legal encyclopedias
C. Statutes
D. Caselaw

A

Statutes, Caselaw

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8
Q

Identify the name of the highest court in most states.

A. Supreme Court
B. Court of appeals
C. Superior court
D. District court

A

a. Supreme Court

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9
Q

Which court has the legal authority to hear Bennet’s direct appeal?

A. United States court of appeals for the fourth circuit
B. United States court of appeals for the fifth circuit
C. United States court of appeals for the sixth circuit
D. United States court of appeals for the eleventh circuit

A

United States Court of Appeals for the Eleventh Circuit

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10
Q

Before performing keyword searches, you should draft a list of keywords that relates to your client’s situation (T/F)

A

True

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11
Q

Identify the connectors that can be used in a terms and connectors (Boolean) search string on Westlaw and Alexis. Select all that apply

A. And
B. /s
C. /section
D. /25

A

A, b, d

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12
Q

You plan to run a keyword search on Westlaw to find only the cases that mention the word “outrageous” anywhere and that mention both phrases “intentional infliction” and “emotional distress” anywhere. Which of the following searches should you perform?

A. Boolean search: outrageous or (“intentional infliction” and “emotional distress”)
B. Boolean search: outrageous and (“intentional infliction” and “emotional distress”)
C. Boolean search: outrageous /s (“intentional infliction” and “emotional distress”)
D. Natural language search: outrageous intentional infliction emotional distress

A

B

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13
Q

You have been keyword searching binding cases for your client’s common law negligence issue but are consistently retrieving over 100 results. What steps could you take to reduce the number of irrelevant results? Select all that apply

A. Filter to recent cases
B. Revisit secondary sources to learn how to narrow your issue and keywords
C. Separate each term in the search strings with the “or” connector
D. Use proximity connector ( /s or /p) in your search string

A

A, b, d

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14
Q

As a new associate, Bella must research Michigan law to determine whether her client’s contract with a minor is enforceable. What steps should Bella take to effectively research this unfamiliar issue?

A. She should review Michigan secondary sources and then move directly to searching for cases because the research process is always linear
B. She should start by performing natural language and Boolean searches in a Michigan caselaw database
C. She should review Michigan secondary sources. Depending on her findings, she then jumps right into keyword searching in a caselaw database to validate her cases
D. She should review Michigan secondary sources. If she finds several relevant cases cited in those sources, she can call it a day and stop her research journey

A

C

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15
Q

Charner needs to find cases on the meaning of confinement, an element of a claim for false imprisonment. Specifically, he must research whether a plaintiff has a reasonable means of escape from confinement from a window. He has performed one natural language search (false imprisonment confinement) in the database for the controlling jurisdiction. With the results on his screen, what should Charner do next to locate legally factually similar cases on Westlaw or Lexi’s?

A. Filter the initial results by additional keyword, such as entering the following string in the “search within results” box: reasonabl! /50 escape! /50 window
B. Filter the initial results by additional keywords, such as entering the following string in the “search within results” box: confine! /50 reasonabl! /50 escape!
C. Filter the initial results by additional keywords, such as entering the following string in the “search within results” box: false /50 imprisonment /50 confinement
D. Filter the initial results by level of court

A

A

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16
Q

The terms “secondary authority,” “secondary source,” and secondary materials are interchangeable and have the same meaning (T/F)

A

True

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17
Q

American Law Reports (ALRs) provide in-depth analysis and summaries of specific legal issues, often accompanied by case annotations (T/F)

A

True

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18
Q

Which of the following strategies is most efficient when starting legal research?

A. Starting with a statute to find relevant case law
B. Beginning with secondary source to gain an overview of the legal issue
C. Reading the full text of multiple judicial opinions
D. Reviewing every related case from a legal encyclopedia

A

B

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19
Q

How do publishers usually update (I.e. make current) a hardbound volume of a secondary source, such as a print volume of a state-specific legal encyclopedia?

A. A publisher issues a pocket part of supplement
B. A publisher prints a new hardbound volume each year
C. A publisher only updates the volume online
D. A publisher does not update hardbound volumes

A

A

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20
Q

Hannah located, on Westlaw, a reliable treatise, Williston on contracts. She wants to find sections discussing when a party may void a contract based on fraud. How could Hannah navigate this treatise? Select all that apply

A. She could run a search for the term “fraud” in the treatise’s table of contents
B. She could browse the treatise’s table of contents
C. She could use a LibGuidr from a law library’s website
D. She could consult the treatise’s online index

A

A, b, d

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21
Q

Identify the secondary sources that are updated at least annually to reflect current law. Select all that apply

A. Law review articles
B. Treatises
C. Practice manuals
D. Legal encyclopedias

A

B, c, d

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22
Q

Evelyn’s boss has asked her to research Pennsylvania law on whether strict liability applies to the transportation of a flammable chemical. She has created a research plan and has located two secondary authorities on Lexus by browsing the titles of Pennsylvania secondary sources. She now wants to find sections of the Pennsylvania secondary sources containing the exact phrase “abnormally dangerous activity” (strict liability applies to that activity)

A. Abnormally dangerous activity
B. “Abnormally dangerous activity”
C. Abnormally /s/ dangerous /s activity
D. “Dangerous activity”

A

B

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23
Q

Describe the difference between a secondary authority (e.g. a treatise on contract law) and a primary authority (e.g. judicial decision) select all that apply

A. A primary authority does not carry the force of law in any jurisdiction, but a secondary authority carries the force of law in at least one jurisdiction (or did at some point in time)
B. A primary authority carries the force of law in at least one jurisdiction (or did at some point in time), but a secondary authority does not carry the force of law in any jurisdiction
C. A primary authority does not bind a court, but a secondary authority may bind a court
D. A primary authority may bind a court, but a secondary authority does not bind a court

A

B, D

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24
Q

Why should you review secondary authorities when researching an unfamiliar legal issue? Select all that apply

A. Secondary authorities summarize and explain the law
B. Secondary authorizes are often published by the courts
C. Secondary authorizes identify terms of art
D. Secondary authorizes cite primary authorities

A

A, c, d

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25
Q

How do legal encyclopedias primarily differ from law review articles?

A. Encyclopedia’s provide detailed case analysis, while law review articles offer general overviews
B. Encyclopedias offer broad overview of the law while law review articles provide in depth analysis of specific issues
C. Encyclopedias are primary authorities while law review articles are secondary authorities
D. Both are used to directly influence court decisions

A

B

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26
Q

The ultimate goal of all legal research is to find what kind of authority to support your legal argument?

A

Primary authority

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27
Q

What type of authority is the U.S. constitution

A

Mandatory authority

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28
Q

What type of authority is the DUI trial notebook?

A

Secondary authority

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29
Q

What type of authority is the code of federal regulations (CFR)

A

Primary authority

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30
Q

What type of authority is Delaware law on corporate law question for Arizona state law issue?

A

Persuasive authority

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31
Q

Which of the following statements are true? Select all that apply

A. The principle of state decision requires a particular law to be followed in future instances
B. Reliance on persuasive cases is more authoritative than reliance on mandatory cases
C. Persuasive authority for a state law issue in Arizona are high court decisions from Texas
D. One mandatory authority for a state law issue in Arizona are Arizona regulations

A

A, c, d

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32
Q

One of the most important basic steps of legal research is conducting a preliminary analysis. This semester you learned about an acronym designed to help you pull concepts and keywords of legal or factual significance from your issue or fact pattern. Please list the acronym and what each letter stands for.

A

TARP: things or places involved, causes of actions, relief sought, persons or parties WHO, WHAT, WHERE, WHEN

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33
Q

Erie R.R. Co. v. Tompkins, 304 U.S. 64 (1938).

What is 304?

A

Reporter volume number

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34
Q

Erie R.R. Co. v. Tompkins, 304 U.S. 64 (1938).

What is the “U.S.” and what does it stand for?

A

Reporter abbreviation, U.S. Reports

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35
Q

Erie R.R. Co. v. Tompkins, 304 U.S. 64 (1938).

What is 64?

A

First page of the case

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36
Q

Erie R.R. Co. v. Tompkins, 304 U.S. 64 (1938).

What are the party names?

A

Erie R.R. Co. v. Tompkins

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37
Q

Good place to start if unfamiliar with area of law

A

Legal encyclopedia

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38
Q

Sources of forms and checklists

A

Practice materials/aids

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39
Q

Distills “black letter law” from cases

A

Restatements

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40
Q

Provides in-depth treatment of area of law

A

Treatise

41
Q

Provides analysis on narrow legal topics

A

American law report (ALR)

42
Q

Often useful for researching emerging areas of law

A

Law review

43
Q

You are researching the issue of actual physical control in Arizona, which is controlled by Arizona law. Which one of the following sources is least relevant for purposes of your research?

A. A.R.S. 28-1381. Driving or actual physical control while under the influence
B. State v. Zaragoza, 221 Ariz. 49, 209 P.3D 629 (2009)
C. Alexander Y. Benikov, when is an arizona drunk driver not a driver? Zaragoza and actual physical control, 6 Phoenix L. Rev. 565 (2013)
D. Atkinson v. State, 331 Md. 199, 627 A.2d 1019 (Ct. App. 1993)

A

D

44
Q

Please list 3 of the methods that you can use to locate statutes

A

Keyword search, citation, popular name table, descriptive word index, table of contents

45
Q

A.R.S. 33-1551

What does the number 33 refer to?

A

Refers to the title of the A.R.S. That the statute falls within

46
Q

A.R.S. 33-1551

What does the number 1551 refer to?

A

The section or law itself

47
Q

What resource is a topical arrangement of headnotes and uses topics and key numbers?

A. Reporter
B. Digest
C. Code
D. Annotation

A

B

48
Q

State. V. Roseberry, 10 Ariz. 360, 111 P.3D 402 (2005)

A

Parallel citation

49
Q

State. V. Roseberry, 10 Ariz. 360, 111 P.3D 402 (2005)

A

Parallel citation

50
Q

Bridgeman Art Library, Ltd. V. Corel Corp., 36 F. Supp. 2d 191 (S.D.N.Y. 1999)

A

Federal district court

51
Q

46 C.F.R. 294

A

Regulation

52
Q

Fund for Animals v. Lujan, 962 F.2d 1391 (9th Cir. 1992)

A

Federal court of appeals

53
Q

42 U.S.C. 2000e

A

Statute

54
Q

A unique way to identify primary law and many secondary sources

A

Citation

55
Q

You come across the following reference: Texas Democratic Party v. Abbott, 978 F.3D 168, 179 (5th Cir. 2020), cert denied, 141 S. Ct. 1124, 208 L. Ed. 2d 562 (2021). The cert. denied, 141 S. Ct. 1124? 208 L. Ed. 2d 562 (2021) portion of the case refers to:

A. A citation to the case in an unofficial reporter
B. Direct history of the case from the U.S. Supreme Court, indicating that the court has declined to review the case
C. A warning that there is possible negative treatment for this case
D. Indirect history of the case involving different parties and different litigation

A

B

56
Q

Outside of a few exceptions, state court systems in the United States are comprised of trial courts, intermediate courts of appeal, and a Supreme Court of last report (T/F)

A

True

57
Q

Which of the following on Westlaw or lexis are written by commercial editors? Select all that apply

A. Synopsis
B. Head notes
C. Opinion
D. Case Summary

A

A, b, d

58
Q

Which of the following statements about case law opinions are TRUE? Please select all that apply

A. The west topic and key numbers system is used to locate case law opinions topically
B. Case law opinions are arranged chronologically in reporters
C. Judicial opinions determine which statutes are published
D. Individual case publications distributed immediately after a case has been decided are called session laws

A

A, b

59
Q

A case that a federal circuit court (e.g. the United States court of appeals for the 10th circuit) has designated “not for publication” or “non-precedential” is generally not binding (T/F)

A

True

60
Q

Which of the following are the purposes of a curator (such as KeyCite or Shepard’s) for cases? Select all that apply

A. Provide direct case history for prior and subsequent direct appellate litigation (cases in the same line of litigation)
B. Provide any negative treatment from later cases not in the same line of litigation
C. Provide further research from cases that have cited to your case on your specific legal point of law (citing references)
D. Checking for pending/proposed legislation (currency)

A

A, b, c

61
Q

Which of the following are the purposes of a curator (such as KeyCite or Shepard’s) for cases? Select all that apply

A. Provide direct case history for prior and subsequent direct appellate litigation (cases in the same line of litigation)
B. Provide any negative treatment from later cases not in the same line of litigation
C. Provide further research from cases that have cited to your case on your specific legal point of law (citing references)
D. Checking for pending/proposed legislation (currency)

A

A, b, c

62
Q

On Lexi’s, Rachel has been reviewing the case summaries for various cases and has identified one case that is almost factually identical to her client’s situation, if pressed for time, what should she do next?

A. She should save time and rely solely on the case summary because the deciding court wrote the case summary and confirmed its accuracy
B. She should save time and rely solely on the case summary because, even though the deciding court did not write the case summary, efficiency is more important than accuracy
C. She should carefully read the actual opinion because the deciding court did not write the case summary
D. She should carefully read the actual opinion because the deciding court wrote the case summary, but it may have incorrectly summarized the court’s holding

A

C

63
Q

A case you updated has a red flag from another case within your jurisdiction. Does this mean you can’t ever cite your updated case for your legal scenario? Please explain your answer

A

No. The red flag may have to do with an issue entirely different from your legal scenario, which means you could still site your your updated case. A red flag means a case is no longer good for at least one point of las

64
Q

198 Ariz. 280, 9 P.3D 31

A

Parallel citation

65
Q

2014 WL 4781854

A

Unpublished case

66
Q

Headnote

A

Specific point of law addressed in a case

67
Q

Pacific reporter

A

Compilation of regional case law

68
Q

Formulating a terms & connectors search is basically a two-step process of choosing terms (keywords) and using connectors (such as: AND, OR, /P, /S) to string them together (T/F)

A

True

69
Q

To determine if a court will consider an unreported opinion, legal researchers should consult the what resource for the jurisdiction in question?

A

Court rules

70
Q

Attack!

A

Truncation

71
Q

“Stop and frisk”

A

Phrasing

72
Q

Natural language search

A

Defense provocation dog bite

73
Q

Terms and connectors search

A

Liabl! /P (dog /3 bit!) AND Provo!

74
Q

Expands search

A

OR

75
Q

Narrows a search

A

AND

76
Q

Parent /5 right

A

Proximity connector

77
Q

Bl**d

A

Universal character

78
Q

The annotated United States Code published by West is the ___

A

USCA

79
Q

The annotated United States Code published by Alexis is the ____

A

USCS

80
Q

What is the order of their publication?

Code, slip law, session law

A

Slip law, session law, code

81
Q

What is the database identifier (or acronym) on Westlaw for the Code of Federal Regulations

A

CFR

82
Q

What is the database identifier (or acronym) on Westlaw for the Federal Register?

A

FR

83
Q

Animals 28k3.5(5)- Protective and anti-cruelty regulation in general

What is the topic number?

A

28

84
Q

Animals 28k3.5(5)- Protective and anti-cruelty regulation in general

What is the topic title (or name)

A

Animals

85
Q

Animals 28k3.5(5)- Protective and anti-cruelty regulation in general

What is the key number?

A

3.5(5)

86
Q

Animals 28k3.5(5)- Protective and anti-cruelty regulation in general

What is the key number title (or name)?

A

Protective and anti-cruelty regulation in general

87
Q

39 CFR 391.33 (2011)

What is 391?

A

Part

88
Q

39 CFR 391.33 (2011)

What is the 39?

A

CFR Title

89
Q

39 CFR 391.33 (2011)

What year is this code edition?

A

2011

90
Q

I want to find the regulation that states what must be included in a notice from the EPA regarding noncompliance with the Clean Air Act. What are 3 resources that will help me find that regulation?

A

Treatises on either environmental law or the Clean Air Act; a CFR index (commercial or government); annotated statutory code; natural language search on Westlaw or Lexis

91
Q

Briefly state 2 reasons why you would engage in legislative history research

A

The meaning of a statute is difficult to discern

There are no authoritative cases on point

92
Q

When using the USCA on Westlaw, reference to legislative history documents will most likely be to which publication?

A

USCCAN

93
Q

Essential steps of the research process (5)

A

1) Familiarize yourself with the legal problem: review the client’s facts
2) Define the scope: identify the governing law and legal issues
3) Construct search queries: generating keywords
4) Identify binding and non-binding authority
5) Consider the appropriate research platforms

94
Q

TRAPP

A

T- Things involved
R- Relief sought
A- Causes of Action or Defenses
P- Person or Parties involved
P- Places

95
Q

The first major hurdle in the research process

A

creating a list of keywords

96
Q

binding legal authorities

A

the authorities that the court deciding the client’s issue must follow

97
Q

Two-step approach to determine which decisions bind your court

A

1) Federal vs. state law
2) What court and level of court

98
Q

browsing

A

refers to the process of navigating through a website’s inherent organization to narrow in on the information the researcher is seeking

99
Q
A

Legal Research & Writing 1 (2 decks)

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