Legal Research Flash Cards

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Title: Legal Research
Description: Legal
Number of Cards: 119
Save Count: 10
Author: triciakimmel11
Created: 2002-09-23
Tags: miscellaneous
Private No

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    • Question
    • Answer
    • Side 3
    • Name the two OH administrative code resources.
    • Ohio Monthly Record
      Ohio Administrative Code
    • What is primary authority?
    • The statement of the law itself.
    • Name the two resources with which you can update you cases and make sure they are still good law.
    • Shepherds - Lexis
      KeyCite - Westlaw
    • Where can primary authority be found?
    • Consitutions, statutes, cases, rules and regulations
    • Name the source where you can find federal code.
    • United States Code (USC)
    • What would you use a law review article for?
    • 1. Background info
      2. Thorough analysis
      3. Policy considerations or arguments for law reform
      4. Citations to other primary or secondary authority
    • What would you use shepherds to find?
    • Parallel citiations
      Case history
      Cases that have mentioned your case
      Other materials that have mentioned your case.
    • When is primary authority manditory?
    • When it is used in its own jurisdiction
    • Name three ways you could find your information in a print Restatement.
    • Use subject index or table of contents
      Use appendix volume to find case summaries
      Use pocket part in latest appendix for most recent cases
    • What are independent agencies?
    • Established by statute with officals appointed by the President with approval of Congress. ie. EPA, SEC
    • What are legal periodicals that are published by law students?
    • Law reviews
    • Name the three ways that you can find cases using a West Digest
    • Known case method
      Topic method
      Descriptive work indexf
    • What are the abstracts of points of law at the beginning of each court opinion called?
    • Headnotes
    • Name two resources where you can find rules and regulations of administrative law.
    • Federal Register FR
      Code of Federal Register CFR
    • Which legal encyclopedia focuses on case law and state law?
    • C.J.S.
    • What are some of the differences between Shepherds and KeyCite?
    • See back of yellow page.
    • What places can you find the Index to Legal Periodicals and Books?
    • Lexis, Westlaw, OSCAR, book form
    • What is administrative law?
    • Law created by administrative agencies.
    • Which legal encyclopedia cites more selectively with emphasis on controlling cases that interpret the law and focuses more on federal law?
    • Am. Jur. 2d
    • How do you update ALR?
    • You guessed it - The pocket part!!!!!
    • What is the name and abbreviation of the US Distric Court's reporter?
    • Federal Suppliment F.Supp.2d
    • Name 3 places where you can find state statutes.
    • State Constitution
      Slip laws
      Session laws
    • Name some legal periodicals.
    • Law reviews
      Bar association journals
      Commercially published legal periodicals
      Newsletters
      Legal newspapers
    • What 4 steps should you take when you do digest research
    • Select appropriate digest
      Select relavent topics and key #
      Read cases and summaries under #s
      Check pocket part and suppliment for most recent cases.
    • What is the name of a secondary source that gives indepth discussion of one subject of law?
    • Legal treatise
    • What are executive agencies?
    • Part of cabinet level departments ie. IRS, Department of Treasury
    • When do you stop researching? (5 answers)
    • 1. When you have found the answer
      2. When you have found all the relevant authorities
      3. When you have looked everywhere important
      4. The cost of research exceeds the benefit
      5. You begin to retrieve the same authorities.
    • What is the name of the source that reprints selected leading cases with a detailed analysis of a specifid point of law?
    • ALR
    • Name the ways in which a reporter can publish cases. (the ways the are arranged)
    • Single court
      Single level of court system
      Single state
      Number of states
      Different courts but all on same subject
    • Do statutes have authority outside of their jurisdiction?
    • No, not at all. They can't even be considered persuasive.
    • What is included in Am Jur 2d?
    • 1. General and subject indices
      2. References to West's key #'s
      3. Topical outlines
      4. Tables of statutes, rules and regulations
    • How are West's Digests organized?
    • By broad subjects called Topics
    • Name some forms of treatises.
    • Nutshells
      Hornbooks
      Restatements
      Looseleaf services
    • Page's and Balwin's also have an annotated OH code? True or False.
    • True
    • When is primary authority persuasive?
    • Outside of its own jurisdiction.
    • What does the red stop sign on Lexis or the red flag on Westlaw mean?
    • Case reversed, overruled, no longer good on at least one point of law.
      Overall, given some sort of negative treatment.
    • What is star pagination?
    • References you to a US Reports page # in the unofficial US Supreme Court cases.
    • What are session laws?
    • Statutes arranged chronologically and published in a separate volume for each session of congress.
    • What does Am. Jur. 2d stand for?
    • American Jurisprudence
    • What does ALR 5th contain?
    • General and state legal issues.
    • What would you use to find legal periodicals?
    • Index to Legal periodicals and Books
      Current Law Index
      Legal Trac (internet version of CLI)
    • What is the name of the resource that contains the information of adminitrative agencies grouped by subject?
    • Code of Federal Regulations
    • What are the 5 eveluations of secondary sources?
    • Author
      Format
      Organization
      Coverage
      Currency
    • What is in an ALR annotation?
    • Table of contents
      Subject index
      Table of cited statutes and cases
      Cross references to other publications ie. encyclopedias
    • What federal reporter is considered official and what other two are not?
    • Official - US Reports
      Unofficial - Federal Reporter
      Federal Supplement
    • Where can you find information about federal agencies?
    • United States Government Manual
    • What is secondary authority?
    • Anything that comments on, analyzes, discusses, interprets or criticizes primary law.
    • Name some places where you could find cases.
    • Digests
      ALR
      Secondary sources
      Shepherds and Keycite
    • How do you update a legal periodical?
    • Look for a more recent law review article
    • What do the numbers mean in the writing of Public Law 100-615?
    • The 615th public law passed during the 100th Congress
    • What should you avoid citing to?
    • A legal encyclopedia.
    • What are the books called that are finding tools that organize headnotes from cases by subject?
    • Digests
    • What are the two components of a decision of a case published in a reporter?
    • Syllabus
      Headnotes
    • Name the four reasons you would use the Federal Register.
    • 1. Text of a regulation is too new to be in the CFR
      2. Need next of a proposed regulation
      3. You want to update text found in CFR
      4. Want text as issued w/o subsequent changes.
    • What should you update with, always, always always?
    • Pocket part
    • What does ALR stand for?
    • American Law Reports
    • What is Wright and Miller's Civil Procedure an example of?
    • Treatise
    • Where are floor debates published?
    • In the Congressional Record
    • What does ALR Federal Contain?
    • Federal law issues
    • Name the official reporter for federal cases.
    • United States Reports
    • Name the three places you can find federal session laws.
    • Statutes at Large
      United States Code, Congressional & Administrative News (USCCAN)
      United States Code Monthly Advance (USCS)
    • When is secondary authority persuasive?
    • Always, in every case
    • What is a cited source?
    • The case you are shepherdizing
    • Name 3 OH official reporters
    • Ohio State Reports
      Ohio Appellate Reports
      Ohio Miscellaneous Reports
    • Name two reference works where you could find OH statutes.
    • Baldwins Ohio Revised Code
      Pages Ohio Revised Code
    • Name some secondary authority
    • Legal encyclopedias, restatements, trestises, hornbooks, law reviews, looseleaf services.
    • Why would you use ALR?
    • To get an overview of an area or law, to find relavent citations, and for finding persuasive authority from other jurisdictions
    • What are court reports?
    • Compilations of court opinions arranged chronologically.
    • What is legislative history?
    • A paper trail of documents that legislators create during the legislative process.
    • Name 2 legal dictionaries
    • Black's Law Dictionary
      Ballentine's Law Dictionary
    • What is the only comprehensive finding tool for reported decisions?
    • West's Digests
    • Are most state reporters official or unofficial?
      What is OH's?
    • Unofficial

      OH's is official
    • What is the name of the resource that contains state administrative materials?
    • BNA Directory of State Administrative Codes and Regulations
    • Why would you use a secondary source?
    • 1. To provide context
      2. Find references to primary authority
      3. Assist in interpreting and analyzing primary authority
    • What is the citing source?
    • A later source which mentions your case.