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PARALEGAL FINAL EXAM > Legal Research/Writing I > Flashcards

Legal Research/Writing I Flashcards

1
Q

P

A

Plaintiff

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2
Q

D

A

Defendant

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3
Q

§

A

Section

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4
Q

K

A

Contract(s)

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5
Q

Jdx

A

Jurisdiction

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6
Q

J/

A

Judgment for…

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7
Q

Rev’d

A

Reserved

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8
Q

Aff’d

A

Affirmed

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9
Q

TC

A

Trial Court

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10
Q

AC

A

Appellate Court

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11
Q

TRO

A

Temporary Restraining Order

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12
Q

MTD

A

Motion to Dismiss

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13
Q

MSJ

A

Motion for Summary Judgment

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14
Q

Ev.

A

Evidence

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15
Q

b/c

A

Because

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16
Q

a/st

A

Against

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17
Q

E’er

A

Employer

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18
Q

E’ee

A

Employee

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19
Q

w/

A

With

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20
Q

w/o

A

Without

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21
Q

re:

A

About

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22
Q

Is this correct? Why or why not?

Beavis and Butthead vs. Burger World

A

No.
vs.–> v.
Beavis and Butthead—> Beavis

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23
Q

What is the difference between a textual sentence and a stand-alone sentence?

A

A textual sentence is just a sentence: when the citation is an integral part of a larger sentence. A stand alone sentence in citations in a sentence that is made entirely of citation(s) that relate directly to the previous sentence.

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24
Q

Can you abbreviate the names of the US or states while citing a case?

A

No. It has to be the full “United States”, or “Georgia”.

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25
Q

True or False
You should include prepositional phrases in case citations

A

False, unless followed by “city” or similar word

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26
Q

How should a properly written case name be otherwise formatted?

A

Underscored or italicized

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27
Q

What is a parallel citation?

A

A citation that provides all of the official and unofficial reporters a case can be found in

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28
Q

True or False:
Paralegals must always accurately cite case information, including page number, so the reader can find exactly where the actual case material is.

A

True

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29
Q

What are the four types of statutes?

A

Public law, private law, permanent law, temporary law

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30
Q

What counts as a block quote?

A

Over 50 words

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31
Q

Are you a hard worker?

A

Yes

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32
Q

Is the United States Reports the official reporter of the U.S. Supreme Court?

A

Yes

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33
Q

What is a string citation?

A

Citing multiple cases in the same citation sentence

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34
Q

What is jurisdiction?

A

The ability to take legal action/power for a court to hear a case

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35
Q

What is primary law?

A

A real source of actual law that courts have to abide by

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36
Q

What is secondary law?

A

Sources that provide an annotated and/or summarized version of laws for readers to develop a more nuanced and complex understanding of the law in a shorter amount of time.

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37
Q

What is a writ of certiorari?

A

When a higher court confirms a lower courts appeal for review of a case, and asks them to send the case for that review.

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38
Q

How long are federal judges appointed for?

A

For life

39
Q

What is federalism?

A

The sharing of powers between state and federal governments

40
Q

What is jurisdiction?

A

The power to take legal action/the power for a court to hear a case

41
Q

What states make up the 11th circuit Court of Appeals?

A

Alabama, Florida, Georgia

42
Q

What is the difference between primary and secondary authorities?

A

Primary authorities are the actual written law that must be followed in court, secondary authorities are third party annotated versions of the law given for context and nuance

43
Q

What is a compromise bill?

A

If both Senate and House pass similar bills, a conference committee works out differences and makes one of these

44
Q

What is the difference between Lexis and Nexis in LexisNexis?

A

Lexis is research, Nexis is storage

45
Q

What is CAR?

A

Computer-aided research

46
Q

Do you have to shepardize or keycite all primary authorities as a paralegal?

A

YES!

47
Q

Does each state have its own code?

A

Yes

48
Q

Who publishes USCA?

A

West(law)

49
Q

Who publishes USCS?

A

LexisNexis

50
Q

Follow the bluebook unless there is a what?

A

Local Rule

51
Q

What is the supreme court official reporter?

A

United States Reports

52
Q

What does Id mean?

A

A reference to the previous case cited

53
Q

Which of the following is not an element of a case? (Names of counsel, code section, date of decision, opinion)

A

Code Section

54
Q

Which of the following is not part of a typical case citation as per the bluebook? (Reporter name, case name, history of case, month of decision)

A

Month of decision

55
Q

Which of the following documents is not part of legislative history? (Committee Reports, debate transcripts, cabinet transcripts, versions of a bill)

A

Cabinet transcripts

56
Q

Does every state have an official reporter?

A

Yes

57
Q

Where can the states’ official reports be found?

A

In the bluebook, under T1.3, next to the state’s name

58
Q

If an exam question asks you for a citation, where do you cite the case to?

A

The most relevant reporter (maybe regional)

59
Q

If an exam question asks you for a parallel citation, where do you cite it to?

A

All published reports, including official and unofficial

60
Q

Who is the official reporter for the Federal Court of Appeals?

A

Federal Reporter (F., F.2d, F.3d)

61
Q

Based on the citation, how do you know if the case is in the federal court of appeals?

A

When it has a circuit listed and parentheses

62
Q

What are the seven regional reporters?

A

Pacific, Southern, South Western, South Eastern, North Western, North Eastern, Atlantic

63
Q

Where in the bluebook is the rule for citing cases?

A

Rule 10

64
Q

What is the abbr for the GA State code?

A

O.C.G.A.

65
Q

What is rule 12 in the bluebook?

A

States rules for citing statutes

66
Q

What is a digest?

A

A book or index arranging one sentence summaries of cases by subject

67
Q

Whats an example of a digest?

A

The Decennials, American Law Reports

68
Q

What are common features of digests?

A

Organized by uniform classification, descriptive word indexes, table of cases, supplementation, cross referencing

69
Q

Whats a legal encyclopedia?

A

Alphabetically arranged legal topics, first half is legal summaries

70
Q

Whats a legal periodical?

A

Regular publications that discuss legal topics

71
Q

What do treatises have?

A

Format, table of contents, index, table of cases, table of statutes, appendices, updating

72
Q

What are restatements?

A

What they sound like. Published by the ALR, they restate complicated and specific parts of the law

73
Q

What’s the difference between the Whitepages and the Bluepages?

A

Whitepages teach how to cite for academic review/law journal. Bluepages teach how to convert law review format to court docs and memorandas

74
Q

OPAC

A

Online Access Public Catalog

75
Q

(Obiter) dictum

A

“in passing” (a comment made in a case reasoning that isn’t precedential)

76
Q

ratio decidendi

A

Reason for deciding

77
Q

Where in the Constitution is the federal court system established?

A

Article III

78
Q

What is the difference between Federal Question Jurisdiction and Diversity Jurisdiction?

A

Diversity jurisdiction is a federal ability to handle cases with plaintiffs from different states, so the states aren’t biased or misinformed about the laws in their separate jurisdictions. The suing amount must be >75,000.

Federal Question Jurisdiction is the federal courts’ ability to handle cases that deal with federal laws.

79
Q

How many groups of statutes are there in U.S.C.?

A

54

80
Q

One of the only hard and fast rules of law is what relating to pocket parts and legal research books.?

A

If a legal tomb has a pocket part, you must consult it since its the newer information.

81
Q

What’s a slip law?

A

The first part of a three part codification of Congressional laws. Real laws, public or private.

82
Q

Why is using USCA or USCS for legal research better than USC?

A

USC is slower to update and has no annotations. USCA & USCS have added details

83
Q

What code sources do USCA and USCS use?

A

USCA uses USC and USCS uses USSL (US Statues at large)

84
Q

CIS

A

Congressional Information Serivce

85
Q

FDsys

A

Currently Govinfo, previously Federal Digital System

86
Q

USCCAN

A

United States Code and Congressional Administrative News

87
Q

USCA

A

United States Code Annotated

88
Q

PACER

A

Public Access to Court Electronic Records

89
Q

USCS

A

United States Code Service

90
Q

USC

A

United States Code

91
Q

Stare Decisis

A

“to stand by things decided”

92
Q

Writ of Certiorari

A

An order from a higher court to a lower court to have the appealed case info sent to the higher court

93
Q

Pro Hac Vice

A

“for this turn”- used for one-time attorney passes to work on a case outside of their jurisdiction

PARALEGAL FINAL EXAM (2 decks)

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