Midterm Review Flashcards

Question

When to use a legal treatise

Answer 1

you already know which area of law applies to your research topic you and you are ready for a more in-depth discussion. • you are looking for an expert analysis or critique of the law. you would like to understand the history of or major policy concerns within a topic

Answer 2

Westlaw, Lexis, and Bloomberg Law provide access to several treatises. However, many prominent treatises are still only available in print. Law libraries do collect print treatises although the collection of treatises will vary depending on the size of the school, the research interests of the faculty, and the usefulness of the title.

Answer 3

simply journals, newsletters, and newspapers, published on a regular recurring basis, that contain articles that comment on the law. There are two types of legal periodicals that you will encounter: Scholarly periodicals and trade periodicals. Each is used for a different purpose

Answer 4

published by private companies or bar associations. They tend to be more practice oriented, specialized, and expensive than the academic legal periodicals. Their focus is on practical articles, current legal issues, developments in the law, and features of interest to the subscribers. These periodicals may contain the first reports of an emerging issue, but they are not scholarly. They are best used for practical, real-world advice about a current legal issue or information about the business of law.

Answer 5

contain scholarly articles written by professors, students, judges, and practitioners providing commentary and analysis on current, controversial, or novel legal issues. These will be most helpful to you during law school, so this is where we will focus our efforts

Answer 6

Journals may publish articles on a particular subject area (e.g. Harvard Journal on Racial and Ethnic Justice) or may be general in nature and publish articles on a wide variety of subjects (e.g. Harvard Law Review). Individual articles within the journal usually address a very narrow area of the law. In addition, they tend to focus on current, evolving, or undeveloped areas of the law and often contain information not found in other secondary sources.

Answer 7

A trustworthy article is well researched, well-reasoned, well written, and current. The cite-ability of a law review article depends heavily on the prestige of its author (school if student or experience if professional)

Answer 8

the first few articles in an issue and are written by prominent judges or Lead articles law professors. Other articles follow and are written by less prominent members of the legal field

Answer 9

follow and may be categorized as a "comment" or a "note." Comments are generally shorter versions of the type of article written by professors. In a note, a student selects a single recently decided case or recently enacted statute and discusses the background and the impact of the law.

Answer 10

Law reviews and journals are organized chronologically by date of publication.

Answer 11

Law review articles are generally the most current of the secondary sources in when it comes to developments in the law because they are published with greater frequency than other secondary sources. However, once the article published, it does not receive updates. The information provided by an article is a snap-shot of the law at the time it was written.

Answer 12

- you are looking for a critical analysis of a current, developing, or unsettled legal issue. you are looking for citations to authority that specifically address your narrow issue of law. you would like to advocate for a change to the law and are looking for policy arguments to support your position.

Answer 13

a collection articles known as "annotations."

Answer 14

an annotation is an article in which a single, narrow issue of law is dissected and described in detail. Article topics are inspired by new and interesting cases or statutes, an unsettled area of law, or an issue of significant controversy among jurisdictions. ALR authors conduct a comprehensive state-by-state survey of all of the relevant cases on the topic, summarize the cases, and then organize them within the annotation in a logical fashion - typically by holding, common facts, rules, outcomes, elements of the legal theory, etc. The organization of an annotation makes it easy to spot different approaches taken by courts and the importance of key facts.

Answer 15

Annotations are not meant to be read from cover to cover. While an annotation does provide an abbreviated overview of the topic, it does not harmonize, synthesize, provide history or context. The case synopses are neutral and the author does not make an argument for or against any particular interpretation of the law. ALRs are more of a case finding tool to locate authority in your jurisdiction or to compare authority across jurisdictions. If you are able to find a relevant annotation, they can be a gold mine of citations.

Answer 16

Attorney editors write annotations, but they are not experts in the topic area. Do not cite to ALR annotations.

Answer 17

American Law Reports are published as a series (ALR, ALR2d, ALR3d, etc.). It is important to remember that series are different from editions. When a source is published in a new edition, the text of the later edition updates the earlier edition. In the case of a new series, each volume of the new series contains completely new, rather than updated, information. Within the series, individual volumes are arranged chronologically by date of publication. ALRs have extensive and detailed indexes to help you locate relevant annotations within the volumes.

Answer 18

An annotation will be updated after they are published with citations to new case law, but the revision date varies depending on whether you are looking in print or online. At a minimum, annotations are revisited on a yearly basis by editors to identify changes to the law. Be careful with older annotations. Because they are written on evolving issues, the area they cover may change drastically and rapidly over time. Look to see if your annotation has been "superseded." If that is the case, a newer annotation (probably) exists that amends or supplements the older one.

Answer 19

``` an abstract outline index table of authorities cited section text references to other secondary sources ```

Answer 20

When Should I use an A.L.R. Annotation? American Law Report annotation are most useful when: Your research issue is new or unsettled You would like to see a list of all cases, organized by jurisdiction, that have addressed the issue. - You would like to see a list of cases that address a specific facet of your issue (such as whether a court has found a fact legally significant or not).

Answer 21

clarify and organize the existing state of case law on a given topic, or, in other words, restate the law. The restatements contain analysis on an area of law, summarize and refer to case law across jurisdictions, and may offer suggestions on how the legal system could clarify an area of law going forward.

Answer 22

National, state and local bar associations publish journals that contain articles on the law, news of interest to members, and in some cases text of legal ethics opinions. They include little analysis or in-depth information, but are helpful for "how to" information and current awareness

Answer 23

Blank templates or forms that lawyers can use in constructing their own legal documents. Usually, some explanatory text, similar to what you would see in a treatise, accompanies the templates.

Answer 24

jury instructions are directions or guidelines that judges give a jury concerning the law of the case before the jury begins deliberating. Judges and attorneys rely on model jury instructions when preparing jury instructions for a particular case. Model jury instructions are useful for researchers because they can provide concise explanations of the law of a jurisdiction. The commentaries for the instructions are also likely to identify leading cases on the issues.

Answer 25

Published on a national, state and local level, legal newspapers provide timely legal news, reports of recent court decisions, changes in court rules and other legal information. Some include dockets, court calendars, and the full text of lower court decisions (not otherwise published).

Answer 26

advocate standards to improve organization in certain areas of the law. Just as Model Codes and Uniform Acts: the name implies, these publications are written in the form of model statutes that jurisdictions can adopt in part or completely into their own statutory codes

Answer 27

Practice Series resemble legal encyclopedias in that they cover a variety of legal topics (though perhaps not as many as a legal encyclopedia) and they tend to be jurisdiction-specific. They are usually written by practitioners or scholars specializing in that jurisdiction and may contain descriptions of the current state of the law, some analysis of the law, and possibly forms relating to a particular topic.

Answer 28

address realistic legal Practitioner handbooks and guidebooks problems and often provide useful features for practicing lawyers, such as forms and tables

Answer 29

Currency, Relevance, Accuracy, Authority, Purpose Does the source reflect the current state of law? determine when published - Journal articles tend to be more current than treatises, but then again, they might be somewhat out-of-date as soon as they are published because the editing and publication process can take some time. But even if there was little time lag between the writing and publication of the article, you will still have to determine if the content in the article is still current at the time you are reading the article. Have there been any major upheavals in the topic area since the article was written? determine when or if it has been updated — This can vary greatly depending on the source. For example, journal articles are not typically updated. An author of an article may wish to revisit and update the topic but will do so by writing a new article. Treatises may or may not be updated - but generally the more reliable ones are.

Answer 30

How closely does the information relate to your topic or how well does answer your specific question?

Answer 31

What is the reliability, truthfulness, and correctness of the content? Can you verify any of the information in another source (not from a similar website, as some information is duplicated over and over on the web) or from personal knowledge? Does the author support his or her analysis with evidence and extensive citations to a range of reliable authorities?

Answer 32

better for new and novel - ALRs and Law Review better for well-established - encyclopedias and treatises

Answer 33

Summary - encyclopedia comprehensive discussion - ALR, Treatises Law Reviews and law reviews are better

Answer 34

Jurisdiction specific - encyclopedia and treatise | across jurisdictions - Encyclopedias (national), treatises (national), Law reviews, American Law Reports

Answer 35

Just to the facts - - ALR, Encyclopedia critiques -- Law reviews, Treatises

Answer 36

1) New regulations are promulgated daily. In order to be up-to-date in your research, you will need to check the Federal Register. 2) If it is not clear as to how the regulation applies to your client's situation, you can find the agency's thinking and supporting research for their decision in the regulation's Proposed Rule. 3) You can learn about proposed regulations of interest to a client on which your client may wish to comment.

Answer 37

Notices - Notices do not carry the force of law but can often offer researchers helpful guidance as to how an agency applies its regulations. Proposed Rule - When a federal administrative agency wishes to change an existing regulation or issue a new regulation, it is required to publish the regulation as a proposed rule in the Federal Register. Additionally details are provided as to why the proposal is needed. Final rule - may contains the procedural history and authority of the rule and the regulatory language Presidential Documents - Executive Orders and Proclamations must be published in the Federal Register. Publication of administrative orders and other miscellaneous documents is optional.

Answer 38

Statutes enacted by a legislature are organized by subject matter into what is known generically as a code. Each jurisdiction publishes its own code. For example, the United States government published the United States Code and New York government publishes the Consolidated Laws of New York. A code only contains laws of a general and permanent nature that are currently in effect. Legislatures pass many laws, but not all of them make it into the code because they are not general or permanent enough. For example, a provision defining a certain action as a Federal crime is general while one naming a post office is not. A provision requiring an agency to submit a report to Congress every year from now on is permanent while one making a one-year budget appropriation is not

Answer 39

Each Title of the code covers a broad subject area. Just a glance at the Title outline can give you a good idea what subject areas are generally under the Federal government's control.

Answer 40

Each Title, in turn, has its own structure and hierarchy. Every Title is divided into smaller parts and sections in different levels. A typical structure of a title of the US code will be divided into Subtitles, Parts, Chapters, Sub-Chapters, and finally Sections. Why is it important to learn about the structure of a code? Context is key when analyzing statutes. Think of the section as a unit of law that is part of a series of units of law. In order to understand the statute, you must analyze it with the overarching framework in mind.

Answer 41

A basic unannotated statutory section has three segments: 1) The section number and title (also known as the caption) 2) the text of the section, and 3) the history of the section.

Answer 42

A case annotation (as found in an annotated statute) is a summary of a court opinion that examined or interpreted the statute. Some statutes have been examined and interpreted by the courts more than others, and thus have many cases listed in the annotations. In these situations, the publisher provides a table of contents to help you quickly locate cases that interpret your statute by the topic discussed. On the other hand, some statutes have no case annotations

Answer 43

[Title number] [Code] § [Section number] (Year of publication). [Title number] [Code] § [Section number] ([Publisher] [Year of publication]). 18 u.s.c. § 4424 (2019) this will probably be a question

Answer 44

Black's Law Dictionary - West, Reference Area Ballentine's Law Dictionary - Lexis

Answer 45

Search logic functions that allow you to combine words and phrases using the words AND, OR, NOT to limit, widen, or define your search.

Answer 46

Allows one to specify the relationship between the words or phrases that are being searched. A proximity connector defines the relationship more explicitly than a Boolean connector.

Answer 47

Universal characters/wildcards substitute a symbol for one letter of a word.

Answer 48

Truncation is a technique that broadens your search to include various word endings and spellings. Truncation allows you to search any ending on a root word.

Answer 49

Terms: Things you are searching for Roots: Variations of the word you're searching for Alternatives: Other words to search for that mean similar. Broader and narrower. Connectors: put the terms together in the right way Evaluate: What have you come up with? Do you need to change your input?

Answer 50

- Prestigious schools are more likely to have more well known experts - Currency matters. But old articles that have well established law might not matter currency as much. - What journal is it in, the main or secondary - Where is the article placed within it? - Who is the author, whats their rep

Answer 51

At the Federal level, the session laws are published in a series called the United States Statutes at Large.

Answer 52

The first publication stage of a judicial opinion. The slip opinion identifies basic information about the case, such as party names, the attorneys who represented the parties, the judges who presided over the action, the judge who authored the opinion, the date of the decision, and the text of the opinion.

Answer 53

Generally, an opinion will be published if it meets certain criteria set by the court. In the past, courts have considered the following factors: (a) Does the decision establish a new rule of law, alter, or modify an existing rule of law, or call attention to an existing rule of law that appears to have been generally overlooked; (b) Does the decision apply an established rule of law to facts significantly different from those in previously published opinions applying the rule; (c) Does the decision explain, criticize, or review the history of existing decisional or enacted law; (d) Does the decision create or resolve a conflict of authority within the court; or (e) Does the decision concern or discuss a factual or legal issue of significant public interest.

Answer 54

By not publishing an opinion, a court can limit the application of its decision to the parties of the action. In other words, unpublished case opinions are not binding on the court. They are at most persuasive authority.

Answer 55

When a judge issues a written decision, a copy is filed with the clerk of the court and is known as a slip opinion. Many courts publish their slip opinions online. Slip opinions are usually identified by the case (docket) number assigned by the court to the action. The slip opinion identifies basic information about the case, such as party names, the attorneys who represented the parties, the judges who presided over the action, the judge who authored the opinion, the date of the decision,and the text of the opinion. Some opinions may also include a syllabus. This is a summary of the case added by the author to help the reader better understand the case and decision. It is not part of the official opinion

Answer 56

A reporter is official if it is published under governmental authority. For example, the United States Supreme Court officially publishes their opinions in the United States Reports.

Answer 57

Commercial publishers, like West, frequently add editorial enhancements to published (and a few unpublished) opinions.

Answer 58

To create headnotes, attorney editors at West carefully analyze a slip opinion. They identify and summarize the points of law addressed within the opinion. Then, they categorize the point of law as relating to a narrow issue under a broader legal topic.

Answer 59

1. They help researchers quickly determine if a case is relevant for their issue. Headnotes act as an outline of the legal issues that were addressed by the court in the opinion. The headnotes serve as a quick reference for attorney, who can then scan through them to determine if reading the full case will be useful to their research. 2. They direct researchers to the specific part of the opinion where the relevant issue is discussed (this can be extremely helpful in lengthy opinions!) 3. They can help researchers locate other relevant cases. It is important to understand that headnotes are written by case editors, not the issuing court. Headnotes are not the law and should never be cited in a brief. Use headnotes to make initial decisions about whether the case is potentially relevant, but don't rely on their interpretation in case it is flawed.

Answer 60

Slip opinions that have been selected by the court for publication are then collected and are published in chronological order in a Reporter. The text of a single judicial decision may appear in more than one reporter. When you are viewing a case in an online database you may encounter one with multiple listed reporters. These are called parallel citations.

Answer 61

indicates that this headnote is the first point of law identified by the West editors in the opinion.

Answer 62

This method is the easiest way of finding cases. If you know the name of the case or citation, you can just plug it in to the Google-like search bar on the main search screen. Both Westlaw and Lexis Advance will try to predict relevant results and will display suggested cases. Click on the case name to retrieve it.

Answer 63

The "one good case" method involves using a known item - an opinion, statute, or a secondary source- and its unique editorial finding tools to locate more relevant authority. Opinion Finding Tools: - Textual citations, headnotes with Topic and Key Numbers, and citing references - Annotated Statute Finding Tools: Notes of Decisions, citing references, and editorial references - Secondary Source Finding Tools: Footnote citations and citing references

Answer 64

Once you have a case, you can mine the headnotes for relevant key numbers/topic headings. But you don't need a case to find useful key numbers. Westlaw and Lexis make their topical hierarchies available to search and browse.

Answer 65

``` Seminal Case (usually from the highest court to decide relevant issue) Most recent case Bolstering cases and reformation cases Application Cases Avoid parroting cases (cases that parrot the language of the seminal case, adding little to nothing to the analysis. ```

Answer 66

You can use a citator to find parallel citations, learn the history of your case, and expand your research. While a citator will alert you to the fact that your case has been overruled, it won't explain why. You must read the case providing the negative treatment.

Answer 67

2. Every time you rely on a case you must check to see if it's still good law. In the grand scheme of things, citator reports are the least expensive and most important part of your research strategy.

Answer 68

Possibly. If a case was not overruled on the point of law you are interested in, you can still use a case with a red flag. But you must make that determination by reading the citing case treatment.

Answer 69

Even though the case in question doesn't have a red stop sign (the most negative treatment), before you rely on a case you must ALWAYS look at whatever negative treatment it has received to determine how detrimental it is to the point of law in question.

Answer 70

5. A cite in a dissenting opinion will not undermine a case's authority.

Answer 71

Cited Case - subject of the citatory report Table of Authorities - a list of opinions that appear within the text of the cited case opinion Citing Case - a case that cites to the cited case Treatment - how subsequent opinions evaluate cited case Direct prior history - any opinion issued in the same litigation before the cited case Direct subsequent history - any opinion issued in the litigation after the cited case

Answer 72

Alternatively, statutes have Citations, Captions, Statutory Text, History, Annotations, etc. Westlaw and Lexis allow you to search only in the relevant section (or field) of the document. Field searching is especially helpful when you: • are looking for opinions written by a certain judge • are looking for cases involving a specific party • are looking for cases involving a particular attorney or firm • have a partial or incorrect citation The most valuable field for me as a legal researcher is the synopsis/digest field. This field limits the search to only case summaries and headnotes. The result is that it pulls case opinions that concentrate on your particular issue or fact pattern. It leaves out the cases where your issue is mentioned briefly or in a parenthetical to another case citation.

Answer 73

1)locate additional authorities that pertain to your research 2) Determine whether the cited case is still good law for a point of law it states

Answer 74

Administrative agencies relieve the legislature from the burden of having to create legislation that deals with every detail of a specific problem. Statutes lay out the legal requirements to achieve broad social and economic policy. They outline principles, desired outcomes, and general prohibitions. Regulations, on the other hand, fill in the blanks and provide specific and detailed direction for realizing Congressional mandates.

Answer 75

Certain specialized and highly technical areas need law makers who are subject matter experts to make effective and informed decisions. Agencies consult their own highly qualified staff or work closely with constituents of the regulated field to shape solutions for challenging problems.

Answer 76

Agencies, and their staff, accumulate a body of knowledge through years of experience in dealing with similar problems. They are more suited to understanding the intricacies of a particular situation and more readily able to identify potential consequences for actions taken to manage the situation.

Answer 77

An agency's enabling act is the source of the agency's name, purpose, functions, authority, structure, and position within the government. The enabling act establishes clear guidelines for the objectives that the agency must work toward and specifies the extent to which the agency may exercise its authority. Provided the agency stays within the boundaries formed by its enabling and procedural acts, it has broad discretion in creating additional policy and procedure.

Answer 78

Lexis' headnote classification system is not as detailed as Westlaw's. You can still search for headnotes by topic and subtopic, but you won't be getting the level of precision that you get with the Key Number system.

Answer 79

A group may informally ask for an agency to provide guidance on how the agency would rule on a particular issue or an agency might also engage in a process called formal adjudication. Formal adjudication is a process that is like a civil bench trial in court and is presided over by a neutral administrative law judge. Unlike civil courts, most agencies do not seat juries, use formal rules of evidence, or permit comprehensive discovery. Extensive pre- trial and post-trial procedures are rare. Administrative decisions resemble judicial opinions, except that they are issued by agencies' own hearings or review boards. These decisions lack the force of precedent and do not generate common law. Federal agencies may also publish an official reporter that includes the reports of agency adjudications.

Answer 80

Regulations enacted by an agency have the full force and power of federal law if they are constitutional, are within the power granted to the agency by the legislature, and were issued according to proper procedure. The Administrative Procedures Act (APA) governs the process by which all administrative agencies create and enact laws. The purpose of the APA is to provide clear standards for agency rulemaking and to ensure that the public has adequate notice and an opportunity to comment on proposed laws.

Answer 81

1. notification than plan to make a new rule 2. publish the proposed rule in the federal register 3. solicit public commentary on the proposal 4. respond to and consider public commentary 5. publish the final rule in the federal register before it goes in to effect

Answer 82

The Federal Register was established by Congress during the New Deal Era. It consolidated agency rule making in to a central depository. It now acts as a daily briefing of all federal agency regulation development. The FR's pages are numbered consecutively in each volume, meaning that the first issue of the year, published on January 2nd, begins with page one and continues consecutively with each issue. Page numbers in December issues often approach six digits

Answer 83

1. Notices - Notices do not carry the force of law but can often offer researchers helpful guidance as to how an agency applies its regulations. 2. Proposed Rule - When a federal administrative agency wishes to change an existing regulation or issue a new regulation, it is required to publish the regulation as a proposed rule in the Federal Register. Additonally details are provided as to why the proposal is needed. 3. Final rule - may contains the procedural history and authority of the rule and the regulatory language 4. Presidential Documents - Executive Orders and Proclamations must be published in the Federal Register. Publication of administrative orders and other miscellaneous documents is optional.

Answer 84

1) New regulations are promulgated daily. In order to be up-to-date in your research, you will need to check the Federal Register. 2) If it is not clear as to how the regulation applies to your client's situation, you can find the agency's thinking and supporting research for their decision in the regulation's Proposed Rule. 3) You can learn about proposed regulations of interest to a client on which your client may wish to comment.

Answer 85

Of the four types of documents published in the Federal Register, only Final Regulations and Presidential Documents are codified in the Code of Federal Regulations (CFR).

Answer 86

1) The events of your client's situation occurred long ago and the regulation was created or updated recently; 2) The situation you are researching happened recently (or events will occur at a future date) and you need to check (or monitor) recent regulatory activity.

Answer 87

The CFR is published annually and contains the agency's rules that are in full force and effect at the time of its publication. Withdrawn regulations are removed and the new or modified versions are published. Most importantly, the CFR reorganizes the rules from the FR into a subject organization.

Answer 88

State Admin Agencies State agencies promulgate administrative regulations that regulate certain activities specific to the state. In format, administrative regulations will vary state by state to a certain degree, but they tend to mimic the form of federal regulations. Most states also publish administrative registers like the Federal Register. However, these administrative registers are not as extensive as their federal counterpart. They contain far less information and are published more infrequently (sometimes monthly as opposed to daily). Even so, a state register provides residents with notice of proposed rule changes, and researchers can still use it to update administrative code sections.

Answer 89

135TH LAW PASSED IN THE CONGRESSIONAL SESSION 110 IS FOR THE 11OTH CONGRESS

Answer 90

DICTIONARIES AND THEASOURUSES

Answer 91

NOTES AND DECISIONS

Answer 92

BIILL, SLIP LAW, SESSION, CODE

Answer 93

ANNOTATED CODE

Answer 94

1. natural language - will look for all or some of the words entered into the search engine and return documents based on their relevance. 2. plain language search - will attempt to "add value" to the search you run by automatically returning documents with synonyms of the key words you entered, favoring documents where your terms appear closer together or more frequently, ranking more popular documents higher than less popular documents 3. Terms and Connectors (Boolean) - algorithm identifies and retrieves documents containing the exact terms you identify in the arrangement you specify. You control the search results. It is that precision and efficiency that makes it the preferred choice when conducting legal research.

Answer 95

https://www.youtube.com/watch?v=cAWzbWm7RPI

Answer 96

"X", OR, /n, /s, /p, AND, NOT

Answer 97

NOT, OR, /n, /s, /p, AND

Answer 98

Agencies are typically created by legislatures through statute and may only function within the confines of their given authority.

Answer 99

Legal encyclopedia you dummy

Answer 100

Alphabetical

Answer 101

National Legal Encyclopedias Corpus Juris Secundum --> Lexis American Jurisprudence --> both

Answer 102

Harvard and GTown

Answer 103

Legal Periodical

Answer 104

At least yearly basis, online may be sooner

Answer 105

Your research issue is new or unsettled. • You would like to see a list of all cases, organized by jurisdiction, that have addressed the issue. • You would like to see a list of cases that address a specific facet of your issue (such as whether a court has found a fact legally significant or not).

Answer 106

by subject

Answer 107

1) The section number and title (also known as the caption) 2) the text of the section, and 3) the history of the section.

Answer 108

Public Laws and each public law is assigned a special number based on the Congressional session it became law and the order in which it was signed into law by the president

Answer 109

At the end of a legislative session, the slip laws enacted during the session are gathered in chronological sequence and are published in a permanent form as session laws

Answer 110

where session laws are published

Answer 111

no longer ordered chronologically, but rather by subject

Answer 112

court of last resort

Answer 113

Star pagination uses a symbol, such as an asterisk, to indicate where page breaks occur within the opinion for the different reporters.

Answer 114

Indirect negative history occurs when a case opinion appears valid from the citator report because no negative treatment is associated with it directly, but is actually flawed because the underlying authority cited within the case has received substantial negative treatment.

Answer 115

FR is organized chronologically whereas CFR is by subject | CFR is updated once every calender year whereas FR is everyday (except holidays)

Answer 116

statutes at large

Answer 117

contains recent decisions of the United States Supreme Court

Answer 118

united states reports

Answer 119

the court's comments about things other than the holding in the case

Answer 120

pleadings, briefs, motions, transcript of trial testimony, and exhibits

Answer 121

- Identification - Act: Possession - Prior Felony - Jurisdiction --> gun travelled across state lines

Answer 122

Cite to the official session law publication. For the federal system, this is the Statutes at Large

Answer 123

All laws that passed during that congressional session, even those that have been later amended or repealed.

Answer 124

Laws of Minnesota is an annual compilation and is often referred to as the "session laws"

Answer 125

Minnesota Statutes

Answer 126

Lexis, they have them from 1776-present

Answer 127

Looking at historical versions of laws or the full language of the original legislation

Answer 128

The only official online version of the code is freely available on the Federal Digital System, or FDsys, which is the website for the Government Publishing Office, or GPO. If a law has been codified, you would always cite to the official code.

Answer 129

Legislative history

Answer 130

Persuasive legal authority

Answer 131

They are called chapters, as opposed to the federal system where they are called public laws

Answer 132

Any published information generated by a government agency in the course of its work

Answer 133

Unpublished opinions of the MN Court of Appeals are not precedential. They must not be cited unless the party citing the unpublished opinion provides a full and correct copy to all other counsel at least 48 hours before its use in any pretrial conference, hearing, or trail.

Answer 134

The Internal Revenue Code is an example of enabling legislation

Answer 135

Legislature - creating regulations, Judicial - adjudicating, Executive - investigate wrongdoing and enforce regulations

Answer 136

The Federal Register is the single most important administrative publication. A daily publication of the federal government, the Federal Register functions primarily to provide a place for agencies to officially publish their proposed and final regulations.

Answer 137

Where the Federal Register is a daily journal of proposed and final regulations published as they are promulgated, the Code of Federal Regulations, called the CFR, constitutes a comprehensive compilation of all the regulations currently in force at the time each title is published. The CFR represents a moment frozen in time; any regulation it contains could have changed the next day. The Federal Register is to regulations what the Statutes at Large is to public laws. The CFR is like U.S. Code, as they are both arranged by topic.

Answer 138

Notices can include announcements of public meetings, hearings, investigations, grants and funding, and environmental impact statements.

Answer 139

Presidential documents include proclamations, executive orders, and other communications.

Answer 140

It is divided into 50 titles that represent broad areas subject to Federal regulation. Each volume of the CFR is updated once each calendar year and is issued on a quarterly basis. Titles 1-16 are updated as of January 1st Titles 17-27 are updated as of April 1st Titles 28-41 are updated as of July 1st Titles 42-50 are updated as of October 1st

Answer 141

The subject groupings are called titles, and are numbered in roughly alphabetical order. For example, Title 17 of the U.S. Code is about copyright, and Title 18 is about crimes and criminal procedure.

Answer 142

The U.S. Code is organized by subject area into 54 titles. Titles are further broken down by chapter and section. Citations to the U.S. Code look like this: 42 U.S.C. 1382 or 42 § 1382. This means the law appears in title 42, section 1382 of the Code. Title, part, chapter, section

Answer 143

Authority is a reference to the enabling legislation for the particular regulation. This means that the Authority section includes a citation to the United States Code.

Answer 144

Source is a reference to where the regulation first appeared in the Federal Register.

Answer 145

The final regulation must be published in the Federal Register, listing an effective date not less than 30 days after the date of publication

Answer 146

Am.Jur. is more selective, with shorter footnotes and greater readability. Alternately, CJS provides longer, more detailed coverage, with lengthy footnotes aimed at providing every relevant citation on a topic

Answer 147

Jurisprudence