Legal Research

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N.B.

"note well"

While the US Supreme Court is in session, slip opinions are issued as cases are decided. They are collected periodically and published in two different sets of advance sheets:

1) United States Law Week (U.S.L.W.) published by Bureau of National Affairs 2) United States Supreme Court Bulletin-published by Commerce Clearing House.

Federal Cases (F. Cas.)

1789-1880

Federal Reporter (F.)

1880 to 1924

Federal Reporter Second Series (F. 2d.)

1924-1932

Federal Supplement (F. Supp.) years

1932 to present

Memorandum opinion

A very brief opinion; cursory opinion; an opinion so abbreviated, it is hardly an opinion at all.

Which of the following provides background information for a research topic?

American Jurisprudence Second

A.L.R

American Law Reports

A decision of an administrative agency is classified as

Case law

If a researcher knows when a federal statute was enacted, which of the following provides the most direct access to the text of the statue?

Congressional Record

The federal supplement includes selected decisions from the

Court of International Trade

Executive Orders

Executive order, presidential proclamation, Treaty

True or False- The Federal Reporter Second series is an official reporter

False

True or False- The Federal Reporter, second series, includes all decisions made by the United States Courts of Appeals across the country.

False

True or False-The terms memorandum opinion and memorandum of law mean the same approximately the same thing.

False

True or False-The Federal Supplement is an official reporter

False-

The United States Courts of Appeals uses which unofficial publication?

Federal Reporter, Third Series, cited F.3d (1993-present) Federal Reporter, Second Series, cited F 2d. (1924-1993) Federal Reporter, cited F. (1880-1924) Federal Cases, cited F. Cas (1789-1880)

Federal Register (Fed. Reg.)

Federal administative rules and regulations are published chronologically at the time of their adoption.

Code of Federal Regulations (C.F.R.)

Federal administrative rules and regulations are published by subject matter aka codified.

How does the American Digest System organize cases?

It is cataloged under topics and subtopics assigned to key #s, using the TARP Method-Thing, Action, Relief, Parties

The Federal Supplement (F. Supp.)

NOT OFFICIAL REPORTER for united states district courts (no official reporter for the district courts). Selective publishing and not all cases are included. Cases decided by US Court of International Trade (formerly US Customs Court) are also reported selectively in the Federal Supplement.

United States Code (U.S.C.)

OFFICIAL PUBLICATION of federal law statutes: Selective codification of federal Statutes By topic

Statutes at Large (Stat.)

OFFICIAL PUBLICATION of federal law statutes: includes all laws enacted by Congress. THE ONLY COMPLETE COLLECTION OF FEDERAL STATUTORY LAW Chronological

The record of a court case includes

Pleadings, transcript of trial testimony, and exhibits

To determine whether a particular statute has been ruled unconstitutional by a court, one may use

Shepard's Citations, Statute Edition

State and local statues

States typically publish the session laws at the close of each legislative session.

Presidential proclamations are published in

Statutes at Large

Federal Session laws may be found in

Statutes at large

Legislative and Executive are classified as

Statutory

An executive order is classified as

Statutory law

Until 1932, cases from the Court of Appeals and US district courts were combined in

The Federal Reporter

What is the general index used for?

To locate statutory law and constitutional law.

True or False-Statutes are published as session laws before the are codified

True-Statues are published as session laws before they are codified

True of False-The American Digest System includes the Decennial Digests and a General Digest.

True-The American Digest System includes the Decennial Digests and a General Digest.

United States Code Service (U.S.C.S)

UNOFFICIAL PUBLICATION of federal law statutes: Lawyers Cooperative Publishing Co. Extensive use of annotations.

United States Code Annotated (U.S.C.A.)

UNOFFICIAL PUBLICATION of federal law statutes: West publication Co. Use the Key # system-# displayed on heading consistently.

The official reporter of the US Supreme court is

United States Reports

The United States District Courts uses which unofficial publication?

West

res judicata or adjudicated

a matter adjudicated

De novo on the recrod

base decision on the record-no new testimony. clean slate

Judicial is classified as

case law

U.S. Law Week

contains recent decisions of the U.S. Supreme Court

Obiter dictum is a latin word that refers to

courts comments about things other than the holding of the case.

FRD contains

decisions concerning federal rules of procedure

The U.S. Constitution may be found in the

first volume of the United States Code

List examples of secondary authority?

legal dictionary, treatise, restatement of law, encyclopedia

When a researcher intends to show that a statement in his or her brief is supported directly by the cited case, the researcher should use which of the following signals with citation?

none needed

stare decisis

previously decided

Local statues aka

public ordinances aka local statues

Define case de novo

reviews the record for errors of law and reaches its own factual finding . tried as though it had not been tried previously, witnesses are allowed to testify.

List examples of primary authority

rules of procedure, case law, statutes, constitution

US Supreme Courrt

slip opiion advance sheets: USLW-BNA and S. Ct. Bulletin (Comm. Clrng. IIso) reporter: U.S. (official), S. Ct. (unofficial-West); L. Ed. 2d (unofficial-Lawyers Co-op)

US Court of Appeals

slip opinion advance sheets reporter: F.2d (unofficial-West) Selected cases only

To update the status of a particular, one may use a(n)

supplement volume or pocket part supplement

res ipsa loquitor

the thing speaks for itself

jury

triers of fact

Star paging

used to refer to the page number of the original reporter when a case is reprinted in another reporter


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