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Legal Reserch
Final Test
| Question | Answer |
|---|---|
| Most Jurisdictions have two types of Reporting sources | Official and Unofficial |
| in California what is the name of the two OFFICIAL reporters | California App Reports and Califorina Reporters |
| what is the larges unofficial reporter in both state and fenderal opinions | WEST LAW |
| what does the publishing company use to find similar cases or points of law | KEYS |
| why would you consult a legal Digest | to find the law by subject or by key |
| what is a slip opinion | judicial opinion in chronological- it published separetly soon after it is decided |
| what is the name used to find good law | keycite or shepards |
| where are you going to find a cit | at the the top of the page |
| what is GPO | Government Printing Office |
| How do you cute for supreme court | 71 S. Ct 199 (2012) |
| what are the 3 official reports of the supreme court | 1. United States Reports 2. West Supreme Court Reporters 3. United States Court Reports,Lawyers Edition |
| what is Stare Decisis | stand by the law- what has been decided |
| what is a legal enyclopedia | secondary source- state general principle of the law |
| what is the law review journal | Scholorly Periodicals edited by students at law school |
| what are the types of primary sources | 1.Court Opinions/ Case Law 2.Constitutions 3.Legislations 4.Rules of the court 5.Adminstrativerules |
| what are the types of secondary sources | encyclopedias, treaties, law reviews, journals |
| what is a slip Law | publications of the legislative enactment- published in pamphlet or single sheet form after its passed |
| what are the two popular computer assisted legal research electronic resources used to search for cases | West law and lexis nexus |
| how to cite california cases | underline!!! wong v sun, 71 Cal. App 4th 270, 7 Cal. Rptr. 71 (2010) |
| how to cite federal cases (3 types) | 1. 71 U.S 71 (2010), 2.71 S. CT. 71 (2010), 3. 71 L. ED 3 (2010) |
| how to cite evidence code | Cal. Evid. code SS 71 |
| how to cite penal code | Cal. Pen. Code SS 71 |
| how to cite Vehicle code | Cal. Veh. code SS 771 |
| how to cite California Regional Reporter used before the 1960's | 31 P. 3d 71 (2010) |
| how to cite paragraphs in a research paper at the end of sentence | Wong v. sun 71Cal. App 4th 771(2010), 71 Cal. Rptr.71 (2010) |
| how to cite same case in same paragraph | Id.at 60-61 |
| cite same case in another paragraph | wong v.sun at 61. |
| What is the majority opinion | main opinion of the court |
| what is a legislative proposal | bill |
| what is the legal consequences of the facts as determined by the ocurt | DECREE |
| what is the decision of the court(affirmed reversed, modified | JUDGEMENT |
| what is the reference to the same case in different reports | Parallel Citaiton |
| What are extensive book Length expositions of a legal subject | Treaties |
| what is an opinion by one or more judges who disagree with the decision | Dissenting |
| What is the holding or principle of law on which the case was decided | Ratio decidendi |
| what is the language in an opinion that is not necessary to the decision | Dictum |
| What is the process of identifying and retrieving the law related information necessary | Legal Research |
| What is an opinion written by one judge in which the entire majority wrote and agreed together | Per Curiam Opinion |
| what is the calfiforna unofficial reporter | California Reporters |
| what is an advanced sheet | pamphlets containing recent reported opinions |
| what is precedent | decisions of courts taht would serve as authorities for decisions later with similar cases of law. |
| what is a statute | referred to as legislation- positive statement of legal rules enacted by a legislature |
| what is a constitution | the fundamental body of principles |
| explain what a primary source is | primary sources are authoritative statements of legal rules by government bodies |
| explain what are secondary sources are | secondary sources are materials about the law that are used to explain the primary sources. |
| what are court reports | are compilations of judicial opinions |
| when did west begin publishing the California reporter | 1960 |
| what is a digest | an index to reported cases, providing breif, unconnected statments of court holdings on points of law, which are arranged by subject and divided by jurisdiction and courts |
| what is the U.S.C.A | united states code annotated (West) consists of unnumber volumes, supplemntedby pamphelet or pocket parts. |
| what is the constituiton of the United states of american located | Library of Congress. |
| do each state have their own constitutions? | yes |
| what does congress mean | the senate and house of reps meet in two year intervals. |
| how is a bill passed. | 1. sent to the house it is introduced 2. sent to the other house for consideration 3. if approved, then sent to PRESIDENT to sign. 4. IF signed,Bill becomes Law |
| what happens if Pres does not sign in 10 days | it becomes law. |
| what is private law | affects the nation as a whole or idividuals as a class |
| what are private laws | deals with matters relating to claims against the govern |
| what is CODIFICATION | the process of collecting and arranging systematically, the laws of a state or country |
| what is a law | the law means by which a legislative body expresses its intent to declare, command or prohibit some action. |
| what are looseleafs | looseleaf services provide timely and uptodate access to information in specific areas of law |
| what are citators | books or services that provide the judicial history. citators indicate where a specific source is cited by another source |
| what is the most widely used citators | shepards and keycite |
| what are legal encycolpedias | written in narrative form, arranged aloabetically . they state generl propositionsof law with introductory explanations. |
| what are some examples of legal encyclopedias | Corpis Juris Secundum, and American jurisprudence |
| what is the selectiv reporter of appellate court opines | A.L.R |
| what are legal newspapers | they are published each business day and contain ifo of ocurt changes rules and laws. |
| what is our legal newspaper/journal | the los angeles daily journal |
| which treat a subject in greater depth than a legal encyclopedia | Treatises |
| which are less speculative than journal articles | treatises. |
| what are restatements of law | restatements of the existing common law in certain area publishedby the ALI sinc 1923. |
| who publishes restatements | American Law Institute |
| are restatments primary or secondary soucres | Secondary sources |
| are restatements bind as law? | no |
| what section give power to congress to make law | Section 8 |
| is U.S. C official or unofficial | OFFICIAL |
| is U.S.C.A official or Unofficial | UNOFFICIAL |
| what is the federal register | OFFICIAL CITE_ publishing the regulations to notify the publice=> then its considered legal notive .ignorance of the law isnot a defence. |
| what is similar to the UScode | CFR- they update quarterly. |
| what is the largest administrative law | DMV |
| tell me how to cite | _______ Volume, Type of Reporter, Series, page |
| can you cite treatises | no. |
| what are annotations | brief summaries of the law |