Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

LPS > Research Quiz > Flashcards

Research Quiz Flashcards

1
Q

What type of source do attorneys most commonly use to search for PRIMARY authority?

A

secondary sources

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

when looking to focus on a specific topic within a statute or regulations, it is best to refine search using

A

index

wouldnt use keyterms because need to know EXACT wording

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

the most recent on-point cases from the highest court in your jurisdiction carry the most weight because they ____ older cases

A
  • expand
  • explain
  • slightly alter
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

headnotes (lexis v westlaw)

A
  • cant be cited
  • Lexis: direct quotations from an opinion
  • Westlaw: paraphrase a point of law, done by attorney
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

reporter

A

series of books that contain judicial opinions from a selection of case law decided by courts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

code

A

collection of individual statutes for a state or country organized by subject

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

statute

A

individual law or section of code; code section is more synonymous

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

which statute preempts the other? state or federal?

A

federal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

citators include

A

shepard’s
keycite
bcite

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

citators should be used

A

to check every case you rely on

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

citators

A

tool that helps determine what has happened to a case, statute, regulation after it was released

establishes validity of resource, expands legal research

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

red stop sign (lexis)

A
  • indicates that case is NO Longer good law for at least one point discussed in case
  • Doesn’t mean that case is bad law but you want to be careful with it
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

yellow triangle (lexis)

A

possible negative treatment is indicated

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

green sign (lexis)

A

positive treatment is indicated and other cases have used this a good case law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Q sign (q in a orange box, lexis)

A

validity is quested by citing references

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

red exclamation (lexis)

A

strong negative treatment for shepardized section

negative treatment indicated for statute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

blue A

A

citing references contain neither negative nor positive treatment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

blue I

A

citing reference are available for your case BUT the reference do not have history or treatment analysis

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Red flag (westlaw)

A

no longer good law for at least one of the points

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

blue-striped flag

A

some negative history BUT has not been reveresed or overruled

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

should yellow triangle or yellow flags be cited

A

ONLY IF you can confirm that the negative treatment is NOT relevant to the portion you are citing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

should red stop signs or red flags be cited

A

no, never

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

who codes citators

A

editors

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

what characterizes the status of a case in the same manner

A

citators

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

are codes and statutes the same?

A

NO, the are DIFFERENT

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

legal treatise

A

legal publication containing all the law related to a particular topic written by legal experts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

legal treatise

A

legal publication written by legal experts containing all the law related to a particular topic

28
Q

Restatement of the law

A

detailed statements of the CL of the US on a variety of topics, written and update by well-known legal scholars

29
Q

” “

A

exact phrase

30
Q

and (&)

A

2 or more words anywhere in document

31
Q

or

A

include one or more words

32
Q

and not

A

exclude documents containing the word or phrase

make sure you put last otherwise unusual results may manifest

33
Q

/n

w/n; near/n

A

first word within “n” words of the second

34
Q

/n

w/n; near/n

A

first word within “n” words of the second

1 -255

35
Q

!

A

word variation

ex. bank!

bank, banks, banking, banker, bankruptcy

36
Q

/p

A

within same paragraph

37
Q

segment examples (lexis)

A

off to the side… provide segments of different cases

38
Q

annotations

A

how courts have interperted code

note, summary, or commentary on some section of a book or a statue that is intended to explain or illustrate its meaning

Will show you cases that are interpreting the code you are looking at

39
Q

Notes to decisions

A

notes from case … this will take you to cases and statues relating to the topic you are researching

40
Q

Notes to decisions

A

notes from case … this will take you to cases and statues relating to the topic you are researching

41
Q

what kind of system is the US

A

CL system

42
Q

ravel view

A

shows you how the cases in search results connect and which are most influential to the issue you are searching (in the state/s)

43
Q

what can you see w shepardizing

A
  1. appellate history
  2. citing decisions
  3. other citing sources (law review articles, annotated statutes, treatises etc)
  4. table of authorities
44
Q

“shepardize - narrow by this headnote”

A

list all cases that cite your case in reference to the point of law stated in that headnote

45
Q

Table of authorities

A

help determine current foundational strength of a case. What if your case relies on a case that is no longer good law?

46
Q

legal digest

A

pretty common primary source used by attorneys

Complies summaries of points of law from cases and those summaries are then organized by topic. The summaries are also subdivided by jurisdiction and court

47
Q

Overruling risk (WL)

A

can let you see the areas of the document that are most likely to be overruled

48
Q

orange triangle (WL)

A

doc may no longer be good because of its reliance on an overruled decision

49
Q

what steps to take when building a research strategy

A
  1. analyze the situation
  2. gather key search terms
  3. search secondary sources
  4. find primary authority
  5. validate and expand your research
50
Q

case note (Lexis)

A

editorial enhancements that provides a list of cases related to the statute by topic

51
Q

when researchign statutes keep in mind

A

jurisdiction
table of contents
annotations

52
Q

Examples of secondary sources

A 
american law reports
practice guides
legal encyclopedias
law reviews and journals
treatises
53
Q

+s

A

first search term must be before the second search term in the same SENTENCE

54
Q

+p

A

first search term must be before the second search term in the same PARAGRAPH

55
Q

%

A

but not

56
Q

+n

A

search term must be before the second search term by n terms

57
Q

#

A

prefix to turn off plurals and equivalents

58
Q

If you find yourself in a particular section of a statute that is relevant but not the section that is directly on point, how do you find other relevant code sections?

A

Two ways you can search from you where you are:

  1. Hit table of contents and you will get a drop down OR
  2. Hit previous and Next arrows to go between sections
59
Q

If you’re in Lexis Advance and viewing a particular statute, where you would you go to see cases that have interpreted that statute?

A

notes of decisions

60
Q

whats a good place to get a general overview of an area of law

A

2* sources like
ALR
Mass practice series
encyclopedia

61
Q

Where do you find the amendment dates for a statute on Westlaw?

A

Credits section at the end of the statute text

62
Q

3 primary pre-search filters

A

jurisdiction
type of authority
subject area

63
Q

What secondary source provides a comprehensive analysis on legal issues written by experts in their field?

A

ALR!

64
Q

How do you know if a case is still good law ?

A
  • no red flags

- hasnt been suspended, overruled, or reversed

65
Q

In Westlaw , when reviewing a statute, where you would you find relevant cases on point?

A

notes of decisions

66
Q

In Westlaw, when reviewing a statute where would you find recent law review articles that discuss the statutes?

A

Citing references – limited to secondary sources.

67
Q

What is WESTLAW answers?

A
  • Authoritative answers to common questions

- Limited to jurisdiction

LPS (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions