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80 Cards in this Set
- Front
- Back
Am Jur |
Legal Encyclopedia |
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Am. Jur. 2d leads the researcher to primary authority through: |
Footnotes |
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In order to update the main volumes, Am. Jur. 2d provides: |
Pocket Parts |
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The index to Am. Jur. 2d will provide the researcher with |
topic and section numbers |
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A.L.R. stands for |
American Law Reports |
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When researching in A.L.R. , one should begin in |
the index for A.L.R. 2d-5th & Fed |
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A.L.R. contains |
selected full court opinions & annotations |
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A.L.R. is generally considered what kind of authority: |
secondary |
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Which of the following would be mandatory authority for the Florida Supreme Court |
Smith v. Jones, 298 U.S. 467 (1967) |
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Which of the following would be mandatory for the 11 Cir. Court of Appeals: |
Smith v. Jones, 298 U.S. 467 (1967) |
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Which of the following would be mandatory for the North Carolina state trial court |
BothSmith v. Jones, 298 U.S. 467 (1967) & Us v. Them, 482 N.C. 934, 927 S.E. 2d14 (1999) |
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Which of the following would be mandatory for the U.S. District Court, Southern District of Ohio: |
NeitherSmith v. Jones, 574 F. Supp. 383 (S.D. Ohio 1967) Nor Us v. Them, 282 Ohio 934, 527 N.E. 2d 14 (1979) |
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Which of the following would be mandatory for the Florida Court of Appeals: |
Both Smith v. Jones, 298 U.S. 467 (1967) & Us v. Them, 469 So. 2d 154 (Fla. 1999) |
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Which of the following would be mandatory for the U.S. 11th Circuit Court: |
Smith v. Jones, 298 U.S. 467 (1967) |
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Which of the following would be mandatory for the Texas Supreme Court |
Smith v. Jones, 298 U.S. 467 (1967) |
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Which of the following would be mandatory for the California Supreme Court: |
Smith v. Jones, 298 U.S. 467 (1967) |
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These are short numbered paragraphs at the beginning of an opinion. They are usually found in unofficial reporters, and may not be quoted: |
headnotes |
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These are soft bound pamphlets come out prior to the hard bound reports and reporters: |
advanced sheets |
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This is a legal treatise: |
restatements |
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This is the research system originally created by West Publishing Company: |
key number system |
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This would be a good publication to locate an article in a legal journal: |
index to legal periodicals |
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C.J.S is a |
legal encyclopedia |
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When researching in the main volume of C.J.S. under Rape 691, where would you check the pocket part |
Rape 691 |
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C.J.S. leads the researcher to other forms of authority through |
footnotes |
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C.J.S. is generally considered what kind of authority |
secondary |
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Digest are primarily published by |
west |
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The research tool utilized by digests is the |
the key number system
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Digests generally lead the researcher to |
cases |
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Digests are generally considered what kind of authority |
non-authority |
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When researching in secondary authority, one should generally start in |
the index |
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A law book that acts as an index to case law is |
a digest |
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A law book by a private individual on a specific single topic is |
treatise |
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In which of the following books would the researcher never begin a research project: |
shepard's |
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Regional reporters contain: |
full opinions of the court |
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A paralegals goal when researching is to |
find all relevant authority |
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Which of the following is considered “validation research”: |
shepard's |
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The raised (or superior) number in citations provided by Shepard’s refers to: |
headnotes in the CITED case |
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Notations on the left hand column in Shepard’s are called: |
history or treatment notations |
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Which of the following is a function of Shepard’s |
acts as a case finder |
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The case being Shepardized is considered the: |
the cited authority |
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A paralegal is allowed to: |
give non-legal advice |
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For a paralegal to provide legal advice to the public would most likely be to engage in: |
the unauthorized practice of law |
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Communication between a paralegal and the client is protected by the |
attorney/client privilege |
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A written statement where one swears under oath that a party (or witness) has been served documents is called: |
an affidavit of cervice |
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A reasonable basis to believe that a person has commode a crime: |
probable cause |
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When the accused and the prosecutor in a criminal case negotiate a disposition of the case |
plea bargain |
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This level court has only one judge |
trial court |
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Jurisdiction over the person |
in personam |
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This is the appellate court for federal actions: |
U.S. Circuit Court |
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Jurisdiction over property even though the property is not the controversy |
quasi in rem |
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Which of the following documents are typically not filed with the court: |
discovery documents |
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Jurisdiction over the controversy is |
in rem |
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A claim by one co-defendant against another co-defendant: |
cross claim |
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When the entire court hears the case: |
en banc |
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When a jury or judge finds the defendant not guilty |
acquittal |
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The rule establishing that a criminal defendant may not be tried twice for the same crime: |
double jeopardy |
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This level court hears evidence: |
trial |
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This level court may have a jury |
trial |
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This level court reviews lower court records |
appellate |
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The physical location of the trial |
venue |
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Which of the following contains a claim made by one party against another: |
counterclaim |
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Which of the following contains a claim made by one party against another |
complaint |
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When must a court be provided for in the parentheses of a citation: |
when a reader can't tell the court by the publication |
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This kind of evidence does not require inference: |
direct |
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Which of the following can be admissible |
direct and circumstantial |
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Your client is charged with murder, A gun belonging to your client was used as the murder weapon and that your client’s fingerprints ere on the gun is what kind of evidence as to the murder: |
circumstantial |
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Your client is charged with assault. During the corse of the assault, the victim noticed a tattoo. Your client has a heart tattoo. as to whether the victim was somehow familiar with the defendant is what kind of evidence would the tattoo: |
circumstantial |
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Your client is charged with robbery. During the course of the robbery the thief took a diamond. Your client was observed selling the diamond ring at a pawn shop. A to the robbery, what kind of evidence was the attempted sale be: |
circumstantial |
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After class one evening, Suzie was talking to several students, including Paula. AS they stood in a group, Suzie exclaimed, “You know, i’m not feeling very well. I think that medication I just took gave me a bed reaction..’ Suddenly Suzie collapses. Suzie is in a coma, and her representatives are suing the company for not warning of potential complications. The plaintiff wants Paula to testify as a witness statement. Will Paula’ s testimony as to Suzie’s statement be considered hearsay: |
no, it falls under an exception |
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Ann Marie has been called to testify. She saw and overheard Dean jumping up and down and say, “Lawyer’s are all unethical.” Dean is now being sued for slander by the ABA. The plaintiff wants Ann Marie to testify. Will her testimony as to the conduct of Dean be considered hearsay: |
yes, it falls under an exception |
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Informal witness statements are generally: |
handwritten |
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Prior to conducting a legal interview, a paralegal should generally |
prepare questions |
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Witness statements taken by a paralegal may be recorded: |
Only if the person being interviewed is aware and agrees to be recorded |
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When interviewing a witness, one should generally: |
pursue a clients interest |
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Formal witness statements are generally: |
under oath and typed |
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This is questioning of a witness under oath in a deposition or a court room |
examination |
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Evers v. White, 625 F. 2d 948 (W.D. Wash. 1988): |
valid citation |
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Young v. Gordon, 398 S.E. 2d 254, 537 N.C. 662 (1981) |
invalid citation |
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Eastman v. Bickers, 335 S. Ct. 785, 254 U.S. 839, 574 L. Ed. 2d 1043 (1991) |
invalid citation |
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Newberry v. Dickerson, 647 F. 2d 23, 735 F. Supp. 785 (9th Cir. 1988) |
invalid citation |