Legal Research Exam

To determine what other courts (in other litigation) and what secondary sources have citedMuscarello v. United States, 524 U.S. 125 ... a.Look at the History (Lexis) OR History (Westlaw). b. Look at "Citing Decisions" and "Other Citing Sources" in Lexis OR "Citing References" in Westlaw.

b. Look at "Citing Decisions" and "Other Citing Sources" in Lexis OR "Citing References" in Westlaw.

f you KeyCite U.S. v. Muscarello, 106 F.3d 636 (5th Cir.1997), which of the following would be part of its subsequent direct history? a. U.S. v. Muscarello, 1996 WL 173374 ( E.D.La. 1996) b. Muscarello v. U.S., 524 U.S. 125 (1998)

b. Muscarello v. U.S., 524 U.S. 125 (1998)

In re M/V Rickmers Genoa Litigation, 622 F. Supp. 2d 56 (S.D.N.Y. 2009) is a citation to a case decided by which level of the federal court system? a. a United States Court of Appeals b. a Federal District Court c. the United States Supreme Court

b. a Federal District Court

A federal trial court judge in the Eastern District of Pennsylvania is considering an issue of federal law. There is a Ninth Circuit Court of Appeals decision on point. Under these facts,the Ninth Circuit decision is what type of authority? a.Binding, Primary Authority b.Persuasive, Primary Authority c.Persuasive, Secondary Authority

b.Persuasive, Primary Authority

Which of the following citations is to a published case opinion issued by a United States Court of Appeals? a.Arizona v. Gant, 556 U.S. 332 (2009) b.U.S. v. Muscarello, 106 F. 3d 636 (5th Cir. 1997) c.DiPaolo v. Moran, 277 F. Supp. 2d 528 (E.D. Pa. 2003)

b.U.S. v. Muscarello, 106 F. 3d 636 (5th Cir. 1997)

A federal trial court judge in Pennsylvania (E.D.Pa) is considering an issue of federal law. There is an unreported Third Circuit Court of Appeals decision on point. This Third Circuit decision is ... a.binding (aka mandatory) b.non-binding (aka only persuasive) c.secondary

b.non-binding (aka only persuasive)

To understand how a book is organized and how the topics covered are presented, you could browse ... a.the index b.the title page c.the table of contents d.recent reviews

c.the table of contents

What three factors are most important for pre-search filtering in legal research? a.Type of Authority, Available Time, Billable Hours b.Level of Court, Billable Hours, Subject Area c.Jurisdiction, Available Time, Level of Court d.Jurisdiction, Type of Authority, Subject Area

d.Jurisdiction, Type of Authority, Subject Area

You are looking for instances in which doctor (or some variation) is mentioned in the same paragraph as the word negligence . Which of the following searches would produce the best results? A) (doctor OR physician OR medical practitioner ) /p negligence B) doctor /p negligence C) doctor negligence D) doctor AND physician AND medical practitioner AND negligence

*A) (doctor OR physician OR medical practitioner ) /p negligence

A source which offers a lengthy description of specific legal issues and provides numerous citations to cases from various jurisdictions, arranged by outcome A) American Law Reports (ALR) B) Restatements C) wikipedia D) Law Dictionary

*A) American Law Reports (ALR)

Name of publication where published decisions of the federal Courts of Appeal are found A) Federal Reporter (F., F.2d, F.3d) B) Federal Appendix (Fed. App'x) C) Federal Supplement (F.Supp., F.Supp.2d) D) Federal Circuit (FC)

*A) Federal Reporter (F., F.2d, F.3d)

How to use a PA state case to research the same issue under NY law ... A) Key Numbers in Headnotes in the PA case B) Key Numbers in Headnotes in the NY case C) Footnotes at the end of the PA case D) Contact the attorney listed in the PA case

*A) Key Numbers in Headnotes in the PA case

Source which provides general background information on a wide variety of legal topics and few citations to primary authority A) Legal Encyclopedias B) Restatement C) Treatise D) Law Review Article

*A) Legal Encyclopedias

These are citations to PA statutes A) Pa C.S. & P.S. B) A.2d & Pa. C) U.S.C. & Stat. D) F.Supp. & F.3d

*A) Pa C.S. & P.S.

Cases are this kind of legal authority. A) Primary B) Secondary C) Constitutional D) Supreme

*A) Primary

Source where you can find PA statutes annotated. A) Purdon's B) PAJur C) Atlantic Reporter D) PA Law Encyclopedia

*A) Purdon's

Helpful starting places when you must research an unfamiliar area of law. A) Secondary Sources B) Cases C) Primary Sources D) Mandatory Authority

*A) Secondary Sources

Source from the federal legislative branch A) Statutes at Large (session laws) B) Federal Supplement C) Pennsylvania Statutes D) United States Reports

*A) Statutes at Large (session laws)

A source where you could find annotations (citations to cases and law review articles) and the text of the First Amendment of the US Constitution. A) USCA/ USCS B) Law Review Journal C) Treatise D) Hornbook

*A) USCA/ USCS

This official set contains the codified laws of the United States. A) United States Code B) United States Code Annotated C) United States Code Service D) Statutes at Large

*A) United States Code

a law student work published in a law review or journal is referred to as ... A) a note or comment B) an answer C) an entry D) a ticket to stardom

*A) a note or comment

a law professor's work published in a law review or journal is referred to as ... A) an article B) a comment C) a note D) all of the above

*A) an article

To be useful in legal research, a secondary source should provide an explanation of the law AND ... A) citations to primary authority B) citations to newspaper articles C) links to wikipedia D) contact information for the publisher

*A) citations to primary authority

Law review articles usually A) cite to cases in different jurisdictions B) are authored by the American Law Institute C) have headnotes and key numbers D) are found using a statute index

*A) cite to cases in different jurisdictions

Used to find out what print materials (books, treatises, periodicals, etc.) are in our law library AND where they are located. A) search.law.villanova.edu B) Study Room C) villanova.lawcafemenu.edu D) Unit Techzone

*A) search.law.villanova.edu

Decipher this citation: PL 108-212 A) the 212th law passed in the 108th Congress B) the 108th law passed in the 212th Congress C) pages 108 to 212 in the Statutes at Large D) page 212 in the laws of the 108th Congress

*A) the 212th law passed in the 108th Congress

The court abbreviation "Pa. Super." is used for ... A) the Pennsylvania Superior Court B) the U.S. Supreme Court C) the Pennsylvania Supreme Court D) the Pennsylvania Commonwealth Court

*A) the Pennsylvania Superior Court

A citator A) tracks where a citation appears in other sources B) finds ALL the negative sources on an issue C) tracks only case citations D) tracks opinions by the same judge

*A) tracks where a citation appears in other sources

You are searching for cases in which the exact phrase probable cause is used close to the word restraint . Which of the following searches would be best for this? A) probable AND cause AND restraint B) "probable cause" /s restraint C) "probable cause restraint" D) "probable cause" AND restraint

*B) "probable cause" /s restraint

True or False: Headnotes in a case are written by the court A) True B) False

*B) False

The short numbered paragraphs at the top of a case on Westlaw, written and assigned to Key Numbers by West editors A) Citing References B) Headnotes C) Annotations D) Content & Analysis

*B) Headnotes

A source where you could find a .pdf scanned page image of a law review article from 1950 A) Restatement B) HeinOnline C) Lexis D) ALR Annotations

*B) HeinOnline

To review the searches you conducted last week on Westlaw or Lexis, go to ... A) Folders B) History C) Currency D) Advanced Search

*B) History

To find a case you read on Lexis last week from the openning screen, click on ... A) Citing References B) History (then Documents) C) Advanced Statute Search D) Secondary Sources

*B) History (then Documents)

A source in which you would find scholarly articles often with an in-depth analysis of a narrow issue of law and extensive footnotes. A) Legal Encyclopedia B) Law Review or Journal C) American Law Reports D) AmJur or CJS

*B) Law Review or Journal

Online service which has headnotes for cases but NOT Topic and Key Numbers A) Westlaw B) Lexis C) HeinOnline D) GoogleScholar

*B) Lexis

The paper supplement that fits in the back cover of a legal publication and updates the main volume. A) Table of Contents B) Pocket Part C) Glossary D) Updated Part

*B) Pocket Part

How to proceed if your "good case" has a red flag or stop sign. A) Print the case and use it as an attachment B) Read the case to decide if it has negative treatment of your issue C) Disregard the case and find another one D) Use with other cases with a red flags

*B) Read the case to decide if it has negative treatment of your issue

This official set contains the text of federal statutes, as passed, in chronological order (by session of Congress). A) Pennsylvania Statutes B) Statutes at Large C) United States Code Annotated D) United States Code Service

*B) Statutes at Large

Used to Browse section headings in a code or chapter titles in a treatise A) Pocket part B) Table of Contents C) Index D) General Search

*B) Table of Contents

What Court does the following case come from? Gregg v. Georgia, 96 S. Ct. 2909 (1976) A) Georgia Supreme Court B) U.S. Supreme Court C) Georgia trial court D) federal trial court in Georgia district

*B) U.S. Supreme Court

If a case only has these citations: 2016 Alas. App. LEXIS 40, 2016 WL 756970, it is most likely ... A) binding authority B) designated non-precedential by the court C) designated non-precedential by Lexis D) too old to be published

*B) designated non-precedential by the court

You want to find results in which the word dog is mentioned anywhere in the same document as the word liability . Which of the following searches would give the best results? A) dog /s liability B) dog AND liability C) dog OR liability D) "dog liability"

*B) dog AND liability

Which of the following searches would be best to find all forms of the word drive , including (but not limited to) drive, driver, driving, and drivable? A) dri! B) driv! C) drive AND driver AND driving AND drivable D) drive OR drives

*B) driv!

Based on this citation fragment, which of the following statements is definitely true? Underwood v. Wind, 954 A.2d 1199 A) it is a New Jersey state court decision B) it is a state court decision C) it is a trial court decision D) it is a federal court decision

*B) it is a state court decision

Case law from higher level courts in your jurisdiction, which lower courts must follow. A) primary authority B) mandatory authority C) secondary authority D) persuasive authority

*B) mandatory authority

Source that MUST be used to help determine if your case is still good law . A) Persuasive Authority B) Key Numbers C) Citator D) Secondary Source

*C) Citator

What Court does the following case come from? State v. Doyle, 200 A.2d 606 (NJ 1964) A) U.S. Supreme Court B) U.S. Court of Appeals for the Second Circuit C) New Jersey Supreme Court D) New Jersey Superior Court

*C) New Jersey Supreme Court

Part of annotated code containing case summaries and citations to cases interpreting a particular section of the law. A) Context & Analysis B) Citing References C) Notes of Decisions / Case Notes D) Headnotes

*C) Notes of Decisions / Case Notes

Multiple citations to the same case published in different reporters (e.g., Pennsylvania State Reports and the Atlantic Reporter) A) Signal Citation B) Alternate Citation C) Parallel Citation D) Direct Citation

*C) Parallel Citation

Type of authority a court may follow but is not required to follow A) Binding B) Mandatory C) Persuasive D) Municipal

*C) Persuasive

Secondary source written by a committee of experts that offers a concise statement of common law rules and may be adopted by state supreme courts A) American Law Reports B) American Jurisprudence C) Restatements D) Uniform Laws

*C) Restatements

Feature used in Lexis to locate words or phrases within a document A) Natural Language B) Begin a New Search C) Search Document D) Citing References

*C) Search Document

Citators found on Lexis and Westlaw A) Shepard's and Index B) Shepard's and Notes of Decisions C) Shepard's and KeyCite D) Citing References and West Key Number System

*C) Shepard's and KeyCite

A statute that has been passed into law appears first in this form. A) Resolution B) Congress Law C) Slip Law D) Bill

*C) Slip Law

Case that may be binding in a ED PA court A) PA Supreme Court decision B) WD PA published decision C) Third Circuit published decision D) Second Circuit published decision

*C) Third Circuit published decision

The way to find a relevant West Topic and Key Number if you have a good case A) Look in the index B) Topic and KeyNumber on a relevant footnote in the case C) Topic and KeyNumber on a relevant headnote in the case D) Look in the glossary

*C) Topic and KeyNumber on a relevant headnote in the case

A FREE web source legal researchers use to find the NAME of a well-respected treatise AND availablity information (Westlaw OR Lexis OR print) is ... A) PA Supreme Court's website B) HeinOnline C) a law library research guide D) supremecourt.gov

*C) a law library research guide

U.S. and S.Ct and L.Ed are A) citation abbreviations to statutes B)citation abbreviations to federal circuit courts C) citation abbreviations to US Supreme Court reporters D) citation abbreviations for federal trial court reporters

*C) citation abbreviations to US Supreme Court reporters

Based on this citation fragment, which of the following statements is definitely true? White v. Anchor Motor Freight, Inc., 899 F. 2d 555 A) it is a U.S. Supreme Court decision B) it is a federal trial court decision C) it is a federal appellate court decision D) it is a state court decision

*C) it is a federal appellate court decision

Purdon's is ... A) the name of treatise on contracts B) the author of many PA law review articles C) the unofficial PA annotated statutes D) the Chief Justice of the PA Supreme Court

*C) the unofficial PA annotated statutes

A way to identify relevant Topics and Key Numbers A) Headnote of a good case B) Key Number Search in Westlaw C) Browse Topic Outline D) All of the Above (headnote of a good case, KeyNumber Search, Browse topic outline)

*D) All of the Above (headnote of a good case, KeyNumber Search, Browse topic outline)

Reasons an annotated code is a very useful starting place for legal research. A) Text of the law B) Case summaries & citations C) References to secondary sources D) All of the Above (text of the law, case summaries & citations, references to secondary sources)

*D) All of the Above (text of the law, case summaries & citations, references to secondary sources)

Citators are available on ... A) Westlaw (KeyCite) B) Lexis (Shepards) C) HeinOnline (CiteCheck) D) All of the above

*D) All of the above

How can you expand your research from "one good case" ... A) Citing References B) Topic/Key Number from Headnotes C) Shepardizing D) All of the above (Citing References, Topic/Key Number from Headnotes, Shepardizing)

*D) All of the above (Citing References, Topic/Key Number from Headnotes, Shepardizing)

Sources you can Shepardize or KeyCite A) statutes B) cases C) law review articles D) All of the above (statutes, cases, law review articles)

*D) All of the above (statutes, cases, law review articles)

You are looking for sources that mention Barack Obama by name. Which of the following searches would be most likely to retrieve all mentions of his name in any common variation? A) Barack Obama B) Barack Hussein Obama C) Barack OR Obama D) Barack /3 Obama

*D) Barack /3 Obama

Option that lists the TWO Pennsylvania state intermediate appellate courts A) Commonwealth Court & ED PA B) ED PA & Third Circuit C) Superior Court & Third Circuit D) Commonwealth Court & Superior Court

*D) Commonwealth Court & Superior Court

Two major factors that determine if a case (primary authority) will be mandatory/binding. A) Location and Jurisdiction B) Authority and Level of Court C) State & Jurisdiction D) Level of court & jurisdiction

*D) Level of court & jurisdiction

Used in legal writing to reference a specific page in a case. A) Key Numbers B) Headnotes C) Folders D) Pincite

*D) Pincite

Best secondary source when researching a Pennsylvania law ... A) Federal Practice & Procedure treatise B) AmJur C) Restatement D) Summary of Pennsylvania Jurisprudence

*D) Summary of Pennsylvania Jurisprudence

A source that provides in-depth treatment for a specific subject, written by an expert in that field. A) Restatements of Law B) Encyclopedia (AmJur or CJS) C) American Law Reports (ALR) D) Treatise

*D) Treatise

These two unofficial sets contain the laws as found in the U.S. Code plus case summaries and citations to secondary sources. A) USC & Statutes at Large B) USC & USCA C) USC & USCS D) USCS & USCA

*D) USCS & USCA

What Court does the following case come from? Clark v. Perez, 450 F. Supp. 2d 396 (S.D.N.Y. 2006) A) U.S. Supreme Court B) New York State Trial Court, Second Division C) U.S. Court of Appeals for the Second Circuit D) United States District Court for the Southern District of New York

*D) United States District Court for the Southern District of New York

A judicial opinion is A) a secondary authority that is sometime persuasive B) a secondary authority that is sometime binding C) a primary authority that is always binding D) a primary authority that is sometimes persuasive and sometimes binding

*D) a primary authority that is sometimes persuasive and sometimes binding

Westlaw's Cases Advanced Search offers ... A) term frequency searches B) Party Name field searches C) Opinion field searches D) all of the above (term frequency, party name & opinion only)

*D) all of the above (term frequency, party name & opinion only)

Source you would consult first when you are looking for cases discussing a statute A) United States Code B) session laws C) headnotes D) an annotated code

*D) an annotated code

Sources of primary law A) Cases B) Statutes C) Regulations D) Constitutions E) All of the above (cases, statutes, regs, constitutions)

*E) All of the above (cases, statutes, regs, constitutions)

How can you be confident that your research is thorough and complete? A) use a citator and explore negative treatment B) use several different research methods C) relevant sources re-appear using different methods D) closely read all relevant authority E) all of the above (citator, mutiple methods, re-appearing sources, closely read)

*E) all of the above (citator, mutiple methods, re-appearing sources, closely read)

Type of authority a court is obligated to follow A) Mandatory B) Persuasive C) Secondary D) Primary

A) Mandatory

Although not "the law," secondary authority is often used in legal research for an explanation of the law AND references (citations) to primary authority A) True B) False

A) True

Developing a list of search terms before conducting a search helps you to understand your research question AND increases the likelihood that you will find the information you need. A) True B) False

A) True

Footnotes in a case are part of the court's decision. A) True B) False

A) True

The goal of most legal research is to locate primary, binding authority on a particular issue. A) True B) False

A) True

The major components of the West Key Number System are A) Links to KeyCite AND Notes of Decisions in annotated statutes B) Notes of Decisions in annotated statutes AND hyperlinks to secondary sources in footnotes *C) the Topic Outline with over 80,000 Key Numbers AND Case Headnotes with Topics and Key Numbers D) The Topic Outline with over 80,000 Key Numbers AND the KeyCite system

C) the Topic Outline with over 80,000 Key Numbers AND Case Headnotes with Topics and Key Numbers

Citators, such as Shepard's and KeyCite, are used early in the legal research process to help determine if a particular case holding is still valid AND to help locate additional authority. A) true B) False

a) true

Most legal researchers prefer to use an annotated code (rather than unannotated code) when researching statutes because it includes the text of the current law (primary authority)AND research references and case notes. A) true B) false

a) true

To determine whether a case was appealed and, if so, how the higher court ruled ... a. Look at History (Shepard's in Lexis) or History (KeyCite in Westlaw). b. Look at the Citing Decisions (Shepard's in Lexis) or Citing References (KeyCite in Westlaw).

a. Look at History (Shepard's in Lexis) or History (KeyCite in Westlaw).

A citator may be used to track where a particular section of a statute (such as 18 U.S.C. 924) is cited in court opinions and secondary sources. a. true b. false

a. true

Rarely will research of a statutory question start and end with one, lone section of the law. Thus, it is important to find all the relevant sections of law and to understand the statutory scheme for these sections. A. true B. false

a. true

The syllabus and headnotes seen in many cases are NOT written by the court. a. true b. false

a. true

What does the following citation refer to: Mary Crock, Shadow Plays, Shifting Sands and International Refugee Law: Convergences in the Asia-Pacific, 63 Int'l & Comp. L.Q. 247 (2014). a.A journal article b.A chapter within a book c.A book within a series d.An entry in an encyclopedia

a.A journal article

A federal trial court judge in the Eastern District of Pennsylvania is considering an issue of federal law. There is a Third Circuit Court of Appeals decision on point. Under these facts, the Third Circuit decision is what type of authority? a.Binding, Primary Authority b.Binding, Secondary Authority c.Persuasive, Primary Authority d.Persuasive, Secondary Authority

a.Binding, Primary Authority

A code is ... a.a compilation by subject b.a compilation by index terms c.a compilation by legislative session d.a compilation by date

a.a compilation by subject

Public Law 103-416 is the citation for the federal slip law that was ... a.the 416th law passed by the 103rd Congress b.the 416th bill introduced in the 103rd Congress c.the 103rd law passed by the 416th Congress d.the 103rd bill passed by the 416th Congress

a.the 416th law passed by the 103rd Congress

To determine if a particular person is mentioned in a print book, you would look for that person's name in ... a.the index b.the title page c.the table of contents d.recent reviews

a.the index

Assume that a New York state trial court judge is interpreting a New York state shoplifting statute. Would a Pennsylvania state Supreme Court decision be binding or persuasive authority for this judge, and why? a.Binding Authority - the decision is from the state court of last resort for the Commonwealth of Pennsylvania b.Binding Authority - the Pennsylvania Supreme Court is higher than this New York state trial court c.Persuasive Authority - a trial court is higher than a supreme court d.Persuasive Authority - a Pennsylvania Supreme Court decision is from a different state jurisdiction and is not binding on a New York trial court deciding an issue of New York law

d.Persuasive Authority - a Pennsylvania Supreme Court decision is from a different state jurisdiction and is not binding on a New York trial court deciding an issue of New York law

When doing legal research that involves statutes, a good place to start to get an understanding of how a particular section fits in the statutory scheme is to ... a.Review the session law where this particular section originated. b.Review the legislative history for the law c.Review the statute index d.Review the table of contents (outline) for the chapter where a particular section is found

d.Review the table of contents (outline) for the chapter where a particular section is found

How might a researcher find statutory provisions related to a research issue? a.By searching for specific terms in the statutes database for the appropriate jurisdiction b.By browsing for subject terms in the online or print statute index for the appropriate jurisdiction c.By finding a secondary source that cites to the relevant sections of the statute d.all of the above

d.all of the above

The chronology for publication of federal statutes is ... a.session law, then code, then slip law b.code, then session law, then slip law c.slip law, then code, then session law d.slip law, then session law, then code

d.slip law, then session law, then code