Ch 4-6 Exam: Questions and Anwsers

Once the facts of a case you have researched are categorized, you are ready to compare and _________ the facts of the reported decision with those of your clients situation

Contrast

Rules and regulations from state and federal agencies are

a. Admin regulations

The three main parts of the constiutiton are the preamble, the articles, and the

a. Amendments i. Total: 27

A good case brief includes law cited by the court in which section

a. Analysis

Law that is developed through the courts and is not based on a set of written laws is called

a. Case law

When different entities have jurisdiction, both courts have

a. Concurrent jurisdiction

To determine if a published case applies to a clients situation a researcher must

a. Determine that the relevant facts and legal issue are similar

Statutory analysis often involves breaking down a statute into its requirments or

a. Elements

After breaking down a statutory provision into its elements, the elements should be applied to the

a. Facts of the case

The __________ reporter system breaks up the US into geographic regions

a. Federal

When a conflict exists between state and federal law

a. Federal law controls because of the Supremacy Clause

Administrative rules and regulations are printed in

a. Federal register

A bill introduced into the house of representants is precceedd by the letters

a. HR

The six components of a decision are: facts, judicial history, issues, rules, analysis and

a. Holding

When a legal dispute arises regarding the meaning of a particular code section, the court gives great weight to the legislative

a. Intent

IRAC stands for

a. Issue, rule, analysis, conclusion

The reasoning which supports a courts conclusion is called

a. Rationale

1. The identification of ______ facts is an essential step in both reading the law and researching the law

a. Relevant

When researching you are searching for __________ law that is applicable to a clients situation

a. Relevant

Once a court has interpreted a statute in one way, other courts must follow that interpretation because of the rule of

a. Stare decisis

Law that is drafted and approved by the federal and state legislatures is called

a. Statutory law

A case brief is a ___________ of a reported case

a. Summary

_________ has the final say on what the US Constiuttion means

a. Supreme court

The first ten amendments of the US Constiution are called

a. The bill of rights

The three main publications of the US Codes (and their Abbreviations) are US Code (U.S.C), US Code Annotated (U.S.C.A) and

a. US Code Services (U.S.C.S)

The framework for the establishment of the federal govt is

a. US Constitution

When both a statute and case, which are contradictory, seem to control a situation it is very important to check the _________ of both the statute and the case

a. Year

Which question does not lay the foundation for a case brief? a. Who are the parties to the case? b. Who was the judge at the trial level c. What happened to bring the parties to court in the first place? d. What primary law did the court rely on in reaching its decision

b. Who was the judge at the trial level

All federal statutory laws go through the following procedural steps except a. Vote by legislators b. Executive action c. Judicial action d. Bill introduced

c. Judicial action

1. A researcher can help to determine legislative intent by

researching the legislative history of the law