(Test Bank) Legal Research and Writing for Paralegals

Bouchoux, 9

Law

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9th Edition

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T E S T B A N K S E L L E R . C O M Chapter 1: Finding the Law 1. Once researchers learn to use computer -assisted research platforms such as Lexis Advance and Westlaw, there is no longer any need to use print sources. a. True *b. False 2. Decisions from the U.S. Supreme Court bind all courts in the nation. *a. True b. False 3. Learning to conduct research is an important job skill but there is no ethical duty to research accurately. a. True *b. False 4. Secondary authorities help researchers locate primary authorities. *a. True b. False 5. Once the U.S. Supreme Court has issued a decision on an issue, that decision cannot be changed in the future. a. True *b. False 6. An Ohio Supreme Court cases binds all lower Ohio courts. *a. True b. False 7. Dicta in a case is binding on later courts. a. True *b. False Type: F 8. The rule of law announced in a case is called the ___ __________ ___, while remarks made in passing are referred to as ___ ______ ___. a. ratio decidendi, dicta Type: E 9. Briefly, what is the key distinction between common law legal systems and civil law legal systems? a. Common law legal systems have a heavy reliance on following cases, which serve as precedent. Civil law systems have a heavier reliance on statutes than cases. Type: E 10. Identify a way in which the executive branch can serve as a source of law. a. • Treaties are entered into by the executive branch (and treaties are primary authorities; TESTBANKSELLER.COM TESTBANKSELLER.COM #1 TEST BANKS WHOLESALER T E S T B A N K S E L L E R . C O M 2 • The President can issue executive orders to regulate and direct federal agencies; and • The executive branch exer ts influence through its policies on enforcing the law. Type: E 11. Why would an attorney drafting a brief rely more heavily on primary authorities than secondary authorities? a. Primary authorities are binding. If relevant a court must follow them. Thus, if an attorney cites relevant primary authorities, a court must follow those. Secondary authorities are only persuasive. Thus, an attorney would prefer to “force” a court to adopt the position of a primary authority. Type: MT 12. Identify the following sou rces as primary or secondary authorities. a. A law dictionary = Secondary b. A Nebraska statute = Primary c. A case from Ohio issued by Judge Jones = Primary d. A book entitled Punitive Damages by Judge Jones = Secondary e. A regulation of the FDA = Primary f. An article written about an FDA regulation = Secondary g. An executive order issued by the President = Primary Type: F 13. The concept of following precedents is referred to as ______________ ___. a. stare decisis TESTBANKSELLER.COM TESTBANKSELLER.COM #1 TEST BANKS WHOLESALER T E S T B A N K S E L L E R . C O M Chapter 2 : The Federal and State Court Systems 1. Any case that may be brought in state court may be brought in federal court. a. True *b. False 2. Any case brought in federal court must satisfy a monetary amount (currently $75,000) before it may be instituted. a. True *b. False 3. Generally, there are three levels of courts in our federal system. *a. True b. False 4. Federal courts of appeal hear evidence and listen to witnesses testify before they render a decision. a. True *b. False 5. The U.S. Sup reme Court can act as a trial court in certain instances. *a. True b. False 6. The U.S. Supreme Court grants certiorari for most of the cases that wish to be appealed to the Court. a. True *b. False 7. Each state in the United States has at least one feder al district. *a. True b. False 8. In most states, the top court is called the Supreme Court. *a. True b. False 9. The intermediate federal circuit courts of appeal can make decisions independent of each other. Thus, for example, the First Circuit is not bound by decisions of the Second Circuit. *a. True b. False 10. All federal judges are appointed by the President. *a. True b. False 11. Granting certiorari is discretionary with the U.S. Supreme Court. TESTBANKSELLER.COM TESTBANKSELLER.COM #1 TEST BANKS WHOLESALER T E S T B A N K S E L L E R . C O M 2 *a. True b. False 12. Cases from state courts can be appealed to the U.S. Supreme Court (assuming a federal question is involved and certiorari is granted). *a. True b. False 13. The U.S. Supreme Court has clearly defined rules and guidelines indicating when it must grant certiorari. a. True *b. False Type: E 14. Identify the two bases for jurisdiction in federal court. a. Cases may be instituted in federal court that involve a federal question or that are based on the diversity of the parties involved. Type: F 15. If a case (for example, a bankruptcy matter) can be heard only in federal court (and not in any other court), jurisdiction is said to be __________ ___. a. exclusive Type: E 16. What does it mean to say that federal courts will not consider issues that are “moot”? a. Federal courts hear only cases that involve an existing, present controversy. If an issue is resolved, it is called “moot,” and federal courts cannot hear a case that is moot. Type: F 17. The requirement that a plaintiff must have personally suf fered some actual or threatened legal injury and must be adversely affected by some conduct or threatened conduct of a defendant is referred to as ____________ ___. a. standing Type: F 18. The ______________ ___ are the trial courts in our federal system. a. district courts Type: F 19. The most widely used means to gain access to the U.S. Supreme Court from the lower courts of appeal is the writ of ______ ____ . a. certiorari Type: E 20. Why are courts typically co mposed of an odd number of judges (for example, nine judges)? TESTBANKSELLER.COM TESTBANKSELLER.COM #1 TEST BANKS WHOLESALER T E S T B A N K S E L L E R . C O M 3 a. Having an odd number of judges/justices decreases the chance of deadlock. TESTBANKSELLER.COM TESTBANKSELLER.COM #1 TEST BANKS WHOLESALER T E S T B A N K S E L L E R . C O M Chapter 3: Statutory Law 1. For legislation to be valid, it must be introduced in the House of Representatives (and not in the Senate). a. True *b. False 2. U.S. Statutes at Large is a valuable set of books that includes all of our federal statutes and that is frequently used by legal researchers. a. True *b. False 3. If a set of books has a pocket part, that pocket part must be examined. *a. True b. False 4. The annotated set U.S. C.A. is widely acknowledged to be more valuable and “better” than U.S.C.S. a. True *b. False 5. The U.S. Constitution is found in both U.S.C.A. and U.S.C.S. *a. True b. False 6. Attorneys who practice before a court must follow its rules, whether those rules are substantive or procedural. *a. True b. False 7. An official set of statutes is always more reliable than an unofficial set. a. True *b. False Type: E 8. What is the difference between a “bill” and a “statute”? a. A bill is a proposed law (it may or may not be enacted). A statute is enacted law, which must be followed. Type: E 9. What is the difference between a public law and a private law? a. A public law is one that affects the public generally. A private law affects only one person or a very li mited group of persons, granting them some special benefit not afforded to the public at large. Type: E 10. Why do researchers prefer using a set such as U.S.C.A. or U.S.C.S. rather than using the official United States Code? TESTBANKSELLER.COM TESTBANKSELLER.COM #1 TEST BANKS WHOLESALER T E S T B A N K S E L L E R . C O M 2 a. The United States Code cont ains only the language of our federal statutes. It does not send researchers to cases interpreting those statutes, and it does not refer researchers to other helpful sources as do annotated codes such as U.S.C.A. or U.S.C.S. Type: F 11. The process of developing a set of books that compiles currently valid laws on the same subject together with any amendments to those laws is called ___________ ___. a. codification Type: E 12. What is the difference between an official set of statutes and an unofficial set? a. An official set is one that is authorized by a governmental entity. An unofficial set is one that is published without governmental approval. Type: E 13. Of what value to researchers are the annotations in U.S.C.A. and U.S.C.S.? a. Annotations direct researchers to cases that interpret statutes. Researchers can then find judicial interpretations of statutes, and it is these judicial interpretations that are binding under our concept of stare decisis. Type: E 14. What does it mean to sa y that a pocket part to a set of books is “cumulative”? a. A cumulative pocket part includes all of the changes and amendments to a book since the hardbound version of the book was published. Type: E 15. What is the difference between a pocket part and a supplement? a. A pocket part is a small pamphlet that slides into the back of a hardbound volume to update it. A supplement is a free -standing, separate volume placed on the shelf next to a hardbound volume to update it. Type: E 16. What does it mean to sa y that U.S.C.A. and U.S.C.S. are “competitive” sets? a. U.S.C.A. and U.S.C.S. are highly similar. One cannot say that one set is “better” than the other. In most respects, they are essentially the same, and the choice of which set to use is usually based o n a researcher’s habit of convenience. Type: E 17. Describe the three methods a resear cher can use to find a statute. a. A researcher can use the descriptive word approach (using an index to look up words and phrases that describe a research problem; a researcher can use the title or topic approach and simply retrieve the appropriate title of a statutory set (because the researcher is quite TESTBANKSELLER.COM TESTBANKSELLER.COM #1 TEST BANKS WHOLESALER T E S T B A N K S E L L E R . C O M 3 familiar with the way the statutes are organized); or a researcher can use the popular name approach to find a federal statute when a statute is known by a popular or common name. Type: E 18. You have been told to locate 35 U.S.C. § 304. What does this mean? a. You should locate title 35 of the United States Code and review Section 304. TESTBANKSELLER.COM TESTBANKSELLER.COM #1 TEST BANKS WHOLESALER T E S T B A N K S E L L E R . C O M Chapter 4: Case Law and Judicial Opinions 1. All cases released by courts are published. a. True *b. False 2. The case name In re indicates a criminal matter. a. True *b. False 3. Researchers cannot quote from the headnotes in a published case. *a. True b. False 4. A per curiam opinion is a Supreme Court opinion that is written by a Chief Justice. a. True *b. False 5. Whether a case is published officially or unofficially is not determinative of its credibility or accuracy. *a. True b. False 6. All o f the sets of case reports in the National Reporter System are unofficial. *a. True b. False 7. The court’s opinion in a set of case reports that is published officially is the same as the opinion in a set that is unofficial. *a. True b. False 8. A researcher can quote from and rely on an opinion that is published in an advance sheet. *a. True b. False 9. Any case published in F.3d is newer than any case published in F.2d. *a. True b. False 10. There is no one perfect form for a case brief. *a. True b. False 11. In federal courts, if a case is unpublished, it cannot be cited in any documents or briefs. TESTBANKSELLER.COM TESTBANKSELLER.COM #1 TEST BANKS WHOLESALER T E S T B A N K S E L L E R . C O M 2 a. True *b. False Type: E 12. Identify at least one standard that courts consider in determining whether to publish a case. a. Courts consider whether a case establishes a new rule of law, addresses an apparent conflict of authority, involves a legal issue of continuing concern, or adds anything to our body of legal literature. Type: E 13. What does the case name State v. Campbell typically indic ate? a. This case name likely indicates a criminal case brought by a state against a defendant. Type: E 14. Why should researchers not quote from a case summary or synopsis? a. The case summary or synopsis is prepared by a publisher and not a court. Thus, although this feature is helpful to researchers because it serves as a quick preview of the case, it cannot be quoted from because it was not prepared by the deciding court. Type: E 15. Of what effect is a dissenting opinion? a. A dissenting opinion is not the law. It is an opinion written by a member of the minority and although it may be relied upon and quoted from, it is persuasive only. Type: F 16. An opinion written by a justice who agrees with the actual result reached in a case but who disagree s with the reasoning of the majority is called a ____________ ___ opinion. a. concurring Type: E 17. Briefly, what is the difference between a case that is published officially and one that is published unofficially? a. A case that is published officially i s one published pursuant to some statutory directive or court rule. Because cases are not copyrighted, others may also publish a court opinion. Those cases published without governmental authority or direction are called unofficial . Type: E 18. Why might a law firm in Idaho publish the unofficial Pacific Reporter rather than the official Idaho Reports ? a. A law firm that purchase the Pacific Reporter will obtain a set of books that publishes cases from the entire Pacific region of the United States (including cases from Idaho, California, Colorado, etc.). This TESTBANKSELLER.COM TESTBANKSELLER.COM #1 TEST BANKS WHOLESALER T E S T B A N K S E L L E R . C O M 3 expanded coverage might be helpful if a case of first impression arises in Idaho. A case from another state is not binding in Idaho, but it might be persuasive. Type: F 19. Cases from our U. S. District Courts (for example, cases from the Southern District of New York) are published in the set of books titled _________________________ __. a. Federal Supplement (or F. Supp. 2d or 3d) Type: E 20. Why did law book publishers develop star paging, and what is star paging? a. Star paging informs a reader who is using one set of case books (typically, an unofficial set) what pages a case would be on if the reader were reading the case in an official set. Star paging was developed to help resea rchers comply with citation rules that might require a researcher to cite to an official set of case books when the researcher had only the unofficial set in his or her office. Type: E 21. Of what value is a table of statutes and rules in a case book? a. The table of statutes or rules in a case book will direct a researcher to the particular page/case in a volume that has interpreted any statutes, rules, or constitutional provisions. This helps researchers locate cases in a volume that have construed those particular rules, statutes, or provisions. Type: E 22. Assume you have the citation 863 P.2d 119. How might you find a parallel citation for this case? a. A researcher can look at the top of the page in a set of case reports because it often gives all para llel citations. The researcher can Shepardize or KeyCite the case to obtain all parallel citations. The researcher can use a state digest for his or her state in nearly all instances to locate parallel citations. Type: E 23. What is the function of the ele ment “procedural history” in a case brief? a. The procedural history describes how a case arrived at a certain court and how that court handled the case. A reader will want to TESTBANKSELLER.COM TESTBANKSELLER.COM #1 TEST BANKS WHOLESALER T E S T B A N K S E L L E R . C O M 4 know what happened at the court below (and how this reviewing court handled the case). TESTBANKSELLER.COM TESTBANKSELLER.COM #1 TEST BANKS WHOLESALER T E S T B A N K S E L L E R . C O M Chapter 5: Locating Cases Through Digests, Annotated Law Reports, and Words and Phrases 1. Legal researchers may cite to digests. a. True *b. False 2. When using digests, researchers should always begin with the Decennial Digests. a. True *b. False 3. If a researcher has the name of a case, the researcher can use a Table of Cases in a digest to obtain parallel citations for that case. *a. True b. False 4. Once Thomson Reuters/West assigns a topic name and a Key Number to a legal issue, that topic name a nd Key Number are used in other Thomson Reuters/West sets. *a. True b. False 5. Researchers can use Westlaw to locate topic names and Key Numbers. *a. True b. False 6. A researcher may cite to an annotation in A.L.R. *a. True b. False 7. A.L.R. annotations are provided for both federal and state topics. *a. True b. False 8. A researcher can locate an A.L.R. annotation on any topic of the law. a. True *b. False 9. All A.L.R. annotations are updated using pocket parts. a. True *b. False 10. Because digests summarize cases, they are a primary authority. a. True *b. False Type: E 11. Sarah is researching an issue relating to medical malpractice in her state of Kansas. She would like to find as many relevant cases as possible. In which set of digests sh ould Sarah begin her research? Why? TESTBANKSELLER.COM TESTBANKSELLER.COM #1 TEST BANKS WHOLESALER T E S T B A N K S E L L E R . C O M 2 a. Sarah should begin her research in the Kansas Digest . She is interested in cases from her state. Thus, she should begin with the smallest unit of Digest that will be helpful to her. If that digest is not helpful, she can then review the regional Pacific Digest or one or more o f the Decennial units. Type: E 12. How should Sarah locate cases in her digest set? a. Sarah should use the Descriptive Word Index to the Kansas Digest to determine her topic name and Key Number and then look up that topic name and Key Number in the appropriate volume in her digest set to locate Kansas cases. She could also use the Topic approach if she is familiar with the Key Number system and the way the Kansas Digest is organized. Type: E 13. Kurt has found a case on point for his research topic. This case, however, is a bit older than Kurt would prefer. How can Kurt use his case to locate newer cases? a. Because Kurt’s “one good case” will display ap plicable topic names and Key Numbers in its headnotes, he can use that headnote to locate other similar and newer cases by looking up the topic name and Key Number in one of the digest sets. Type: E 14. Angie is conducting research in the Eleventh Decennial . She is interested only in cases from Massachusetts. How will Angie be able to quickly locate the cases from this state? a. The Decennial units carefully arrange the case entries, first giving the rese archer federal cases and then state court cases arranged alphabetically. Thus, Angie can easily locate the Massachusetts cases by scanning the listed entries because they are arranged alphabetically. Type: E 15. Of what value is the Table of Cases in a dig est? a. If a researcher knows the name of a case, the researcher can look up the case in a digest unit and obtain parallel citations and the topic names and Key Numbers under which it has been digested, allowing the researcher to locate other, newer, simil ar cases on that same point of law. Type: E 16. Lauren has been conducting research in A.L.R. Fed. 2d and has found an annotation that is helpful to her. How would Lauren update that annotation? a. Lauren would use the pocket part in the back of the volume of A.L.R. Fed. 2d to locate more current information about the topic of law her annotation discusses and to locate newer cases relating to that topic. Type: E TESTBANKSELLER.COM TESTBANKSELLER.COM #1 TEST BANKS WHOLESALER