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LES 401 > Midterm > Flashcards

Midterm Flashcards

1
Q

What things are organized topically?

A

Encyclopedias
Thesauruses
Dictionaries
Digests

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2
Q

What things are organized chronologically?

A

Law Reviews
ALR Annotations
Case Reporters

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3
Q

How do you petition to the Illinois Supreme Court?

A

Petition for leave to appeal

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4
Q

How do you petition to the U.S. Supreme Court?

A

Writ of certiorari

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5
Q

What are examples of secondary sources?

A 
Encyclopedias	
Treatises
Legal Periodicals
Annotations
Restatements
Legal Dictionary
Practitioner’s manuals (such as IICLE)
Pattern jury instructions
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6
Q

What can secondary sources do for you?

A

Provide general overview (“big picture”) and background on a topic
Cite to primary authority sources
Criticize, analyze, and explain the law
Discuss trends in primary authority (where the law is going)
Can serve as persuasive authority if written by expert

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7
Q

What do secondary sources do?

A

Provide commentary about and analysis of “the law”

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8
Q

What can secondary sources not do?

A

NOT “THE LAW” (primary authority)

NOT binding on courts

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9
Q

What are A.L.R.’s?

A

Form of commentary synopsizing the various cases on a fairly narrow legal topic which is usually somewhat controversial
Discusses the law in various jurisdictions, comparing how different states or federal circuits handle a given issue
Written by publishing company staff attorneys, not legal expertsy

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10
Q

How are A.L.R.’s helpful?

A

Present a thorough general overview of topic
Cite to and provide annotations of numerous cases from varying jurisdictions
Provide comparative analysis among many jurisdictions
Provide reference to additional commentary
Usually very timely and updated

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11
Q

What are the challenges of A.L.R.’s?

A

Topics are pretty narrow, so A.L.R.s are not a good place to BEGIN your research
Although analysis is comprehensive, it is more descriptive than analytical or critical
Might not be an article covering your topic

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12
Q

How do you search in A.L.R.’s?

A

Consult the ALR Index or tables of cases or laws to identify pertinent annotations
Read the opening material
Use the various finding tools to identify pertinent passages
Read the text of the annotation
Consult the references section (cites to comm.)
Update your research
Pocket part
More recent annotation?
Latest case service hotline

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13
Q

How do I research cases?

A

Commentary should lead you to some cases
If you have a case name, you can use:
Digest Table of Cases or
Shepard’s Acts and Cases by Popular Names
SEARCH ON PAPER
Digests
Descriptive Word Index (organized by subject matter)
Topic method (lists info according to West’s topics/key numbers)
Words and Phrases (lists cases that have defined particular words/phrases)
SEARCH ONLINE – Westlaw, LexisNexis, court website

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14
Q

How do you search in digests?

A

Select an appropriate digest
Look up search terms in Descriptive Word Index or identify a topic and key numbers via the topic list
Assemble the digest volumes and supplements you need
Skim the outline of the topic in the digest
Peruse the digest paragraphs under pertinent key numbers
Use the references in the digest to locate cases in reporters

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15
Q

What are legal encyclopedias?

A

Present general information (text with footnote cites to authority) about various topics—some broad, some narrow
Usually written by publisher’s staff, not by legal experts
Best cited for broad well-established points of law

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16
Q

How are legal encyclopedia’s helpful?

A

Provide general overview of subject matter which is easy to read
Cite to authority
Help explain how various jurisdictions handle a given issue
May be used as finding tools (may browse within a subject area)
Identify related legal issues

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17
Q

How are legal encyclopedia’s unhelpful?

A

Info might be TOO general
Does not state the precise law of each jurisdiction
Not written by experts, so not as authoritative as some other commentary

18
Q

How do I research in legal encyclopedias?

A

Use the index or topic list to identify topic(s)
Look over the topic’s introductory materials
Read the topic’s outines (general & detailed) for overview
Read the text of seemingly relevant sections for RULES and REFERENCES to authority
Look for and read updates in the pocket part or supplementary pamphlet

19
Q

What are legal periodicals?

A

Form of commentary published on a periodic basis which contains articles on a range of legal topics
Explain the law and sometimes critique it/propose reforms
Usually written by legal experts (sometimes by publishing company staff)

20
Q

How are legal periodicals helpful?

A

Present a thorough discussion of (oftentimes narrow) topics
Lots of references to the law & commentary
Provide background data
Usually very timely

21
Q

How are legal periodicals challenging?

A

No updating process
Analysis might be esoteric
Might not be an article covering your topic

22
Q

How do you research in legal periodicals?

A

Use “Index to Legal Periodicals” (online database) or “LexisNexis Academic –Search by Subject – law reviews (under DATABASES on the library website)
Conduct a subject search and possibly also a key-word search in the index
Assess the identified articles
Scan and read the article(s) you have chosen

23
Q

Why do we citate?

A

To learn case’s parallel citation(s)
To discern the case’s history (prior and subsequent)
To learn about case’s treatment (by other cases)
To expand and update your research by finding additional cases
To expand your research in commentary

24
Q

How do we citate?

A

Shepard’s Citations (in paper)

WestlawNext KeyCite

25
Q

How do you shepardize?

A

Collect ALL volumes of appropriate series of Shepard’s Citations
Look up your case citation in each one
Review history to make sure case has not been reversed
Review treatment to make sure case has not been overruled
Follow-up on references to other cases/commentary

26
Q

What are the three types of legal materials?

A

Primary Authority
Secondary Sources
Search and finding tools

27
Q

What is primary authority?

A

The actual law

28
Q

What are secondary sources?

A

this talks about/critiques/explains/analyzes “the law”

29
Q

What are search and finding tools?

A

this helps you find “the law”; NOT “the law”

30
Q

What are examples of primary authority?

A 
Enacted law:
Constitutions
Statutes (Legislation)	
Administrative Regulations
Rules of Procedure/Ethics

Common Law:
Judicial Opinions
Administrative Decisions

31
Q

What are examples of search and finding tools?

A 
Library catalogs
Case digests
Periodical Indexes
Statutory Annotations
Internet search engines/directories
32
Q

What are the two types of authority?

A

Binding and persuasive

33
Q

What is binding authority?

A

from own jurisdiction or a “higher” one

34
Q

What is persuasive authority?

A

from a parallel, lower or different jurisdiction

35
Q

Explain the Illinois Court System

A

Illinois Supreme Court
Illinois Appellate Courts (5 Districts)
Illinois Circuit Courts (20 Circuits)

36
Q

What is the petition for the Appellate Court (U.S. and Illinois)?

A

appeals as of right

37
Q

What circuit of the U.S. Court of Appeals is Springfield in?

A

7th circuit

38
Q

What district of the Illinois Appellate Court is Springfield in?

A

4th district

39
Q

Explain the U.S. Court System

A

U.S. Supreme Court
U.S. Courts of Appeal (13 Circuits)
U.S. District Courts (97 Districts – at least 1 per state)

40
Q

What cases do the U.S. Courts of Appeal hear?

A

patent, trademark, and copyright, cases appealed from U.S. Court of International Trade, U.S. Court of Federal Claims, and cases in which U.S. is a defendant

41
Q

What cases do the U.S. District Courts hear?

A

cases of federal question or involving diversity of citizenship and $75K

42
Q

How many judges are on the appellate court?

A

More than 3, always an odd number

LES 401 (1 decks)

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