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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 |