Deck 6: Legal Research and Analysis

Question 1

An ideal case on point would have which of the following elements in common with your case?

A)The parties
B)The circumstances
C)The legal issues involved
D)The remedies sought by the plaintiff
E)All of these choices are correct

Answer 1

E

Question 2

When defining a legal issue to be researched, your first task is to:

A)Learn as much as you can about the law on the topic
B)Examine the facts closely to determine the nature of the legal issue
C)Decide what type of law you need to search for
D)Write out the legal issue so it is clear in your mind

Answer 2

B

Question 3

Paralegal Cynthia has been assigned a research project involving the adoption laws in Michigan, Iowa, and Wisconsin.What is the first step that Cynthia should take in her research project?

A)Research relevant primary sources
B)Define the issue(s) to be researched
C)Determine the goal of the project
D)Consult relevant secondary sources

Answer 3

B

Question 4

A person who is invited onto business premises by the owner for business purposes is called:

A)A licensee
B)A business invitee
C)A business guest
D)All of these choices are correct
E)A licensee and a business guest

Question 5

Which of the following must be considered when defining research issues?

A)Parties
B)Places and things
C)Basis of action or issue
D)Defenses
E)All of these choices are correct

Question 6

A business invitee is:

A)A person who is invited onto business premises by the owner for business purposes
B)A person who makes business deals online
C)The plaintiff in a case involving business
D)The defendant in a case involving business

Question 7

Lawyers participate in crowd-sourcing because:

A)They feel legal fees are too high
B)They want to perform a community service
C)Bar associations require it
D)It is an opportunity to build their reputations and market themselves

Question 8

A "case on all fours" is a case:

A)In which all four elements of the case are similar to your case
B)In which animals are involved
C)In which the judge has ruled in favor of the plaintiff
D)In which there are four parties involved

Question 9

Client Julia comes to your supervising attorney because she was injured when a handrail on the steps outside a grocery store broke while she was holding it, causing her to fall and leading to her suffering serious injuries.You begin looking for cases on point.You should look for cases that involve:

A)A plaintiff being attacked by a dog at a grocery store
B)A plaintiff being injured on a broken step outside a grocery store
C)A plaintiff suffering food poisoning from food purchased at a grocery store
D)A plaintiff suffering injuries from a mugging outside a grocery store

Question 10

A case involving factual circumstances and issues that are similar to the case before the court is called:

A)A binding authority
B)A case on "all fours"
C)A case on point
D)A persuasive authority

Question 11

A case in which all four elements of the case (the parties, the circumstances, the legal issues, and the remedies sought) are very similar to those in the case being researched is called:

A)A binding authority
B)A case on "all fours"
C)A case on point
D)A persuasive authority

Question 12

Because lawyers have a duty to charge their clients reasonable fees:

A)You should spend as much time as possible doing research
B)You should try to work efficiently to minimize the number of hours the client is charged for
C)You should not worry about how much time you spend doing research because paralegal time is not billed
D)You should take your time doing research so your firm can charge for more hours and make more money

Question 13

The problem with crowd-sourcing is that:

A)It may undermine traditional fee structures for lawyers
B)It is likely to result in inaccurate information
C)It causes paralegals to have to do more work
D)It does not use primary sources

Question 14

Which of the following is true regarding statutory interpretation?

A)All jurisdictions follow the same statutory principles of construction
B)The plain-meaning rule is very simple to apply
C)An interpretation of the statute by a higher court is binding on the lower courts within the jurisdiction
D)Only the legislative intent is useful as a method of statutory interpretation
E)All of these choices are correct

Question 15

The technique that some Web-based organizations use to solve problems by distributing a problem to large numbers of people to solve is called:

A)Out-sourcing
B)Crowd-sourcing
C)Joint research
D)Google research

Question 16

Which of the following are crowd-sourcing legal Web sites?

A)Law Pivot
B)Rocket Lawyer
C)Legal Zoom
D)All of these choices are correct

Question 17

Which of the following must be established to succeed in a negligence action?

A)The defendant had a duty of care to the plaintiff
B)The defendant breached his duty of care
C)The plaintiff suffered a legally recognizable injury
D)The injury was caused by the defendant's breach of duty of care
E)All of these choices are correct

Question 18

Which of the following is an advantage to crowd-sourcing Web sites such as Law Pivot?

A)Lower cost
B)Fast answers
C)Opportunities to meet "qualified relevant lawyers"
D)All of these choices are correct

Question 19

Before researching a legal problem that is governed by case law, you will need to determine your legal research goals, which are:

A)Finding legal support for your client's claim
B)Finding cases on point
C)Finding cases that are binding authority
D)All of these choices are correct
E)Finding legal support for your client's claim and finding cases that are binding authority

Question 20

Which of the following are preliminary steps in researching case law?

A)Defining the issue
B)Background research
C)Client interviews
D)Defining the issue and background research
E)Background research and client interviews

Question 21

Any source of law that a court must follow when deciding a case is called:

A)A binding authority
B)A case on "all fours"
C)A case on point
D)A persuasive authority

Question 22

John is researching a breach-of-warranty claim, and he locates an article in a legal encyclopedia that supports his client's position, citing cases from other jurisdictions.The material in the encyclopedia is a:

A)Secondary authority
B)Persuasive authority
C)Binding authority
D)Primary authority

Question 23

A court opinion that is a published decision is one that:

A)The court that issued it has declared to be binding precedent
B)The court that issued it has submitted to a commercial database such as
C)Was reviewed by the U.S.Supreme Court
D)Is a case on "all fours"

Question 24

Which of the following could be a binding authority?

A)A statute
B)A regulation
C)A constitution
D)A statute and a constitution
E)All of these choices are correct

Question 25

A decision of the Michigan Supreme Court (the highest court in the state), assuming that it was on point, would serve as a binding authority for:

A)The California trial courts
B)The United States Supreme Court
C)The Massachusetts Appeals Court
D)The Michigan trial courts

Question 26

For a case to serve as a binding authority it must:

A)Be similar
B)Be on point
C)Be decided by an inferior court
D)Be decided by a superior court
E)Be on point and be decided by a superior court

Question 27

Which of the following is true of unpublished court decisions?

A)They are binding precedents
B)They may be persuasive to the court
C)They may give some indication of how a court is likely to rule in the future
D)They may be persuasive to the court and they may give some indication of
E)They are binding precedents, they may be persuasive to the court, and they may give some indication of how a court is likely to rule in the future

Question 28

The New Jersey Supreme Court is deciding the rights of a surrogate mother in an adoption case.They have never had to decide this issue before.This is called a:

A)Current decision
B)Binding authority
C)Persuasive authority
D)Case of first impression

Question 29

Susan is researching an employment discrimination case that will be filed for a client.It will be filed in the district court for the Eastern District of Detroit, which is located in the Sixth Circuit Court of Appeals.Susan finds a case on "all fours" from the Eighth Circuit Court of Appeals.It will serve as a in Susan's case.

A)Persuasive authority
B)Binding authority
C)Primary authority
D)Secondary authority

Question 30

Opinions appearing in West's Federal Appendix:

A)Are binding precedents
B)May be persuasive to the court
C)May give some indication of how a court is likely to rule in the future
D)May be persuasive to the court and may give some indication of how a court is likely to rule in the future
E)Are binding precedents, may be persuasive to the court, and may give some indication of how a court is likely to rule in the future

Question 31

A decision of the United States Supreme Court would serve as for the United States District Court.

A)A persuasive authority
B)A case on point
C)A binding authority
D)A case on "all fours"

Question 32

Which of the following is true regarding opinions appearing in West's Federal Appendix?

A)They are binding precedents
B)They are formally considered unpublished
C)They have been given by the U.S.Supreme Court
D)They are formally considered unpublished and they have been given by the
E)They are binding precedents, they are formally considered unpublished, and they have been given by the U.S.Supreme Court

Question 33

Which of the following is an example of a persuasive authority?

A)A previous court opinion from another jurisdiction
B)A law review of a similar legal issue
C)An encyclopedia summarizing the legal principles related to the issue at hand
D)All of these choices are correct
E)None of these choices are correct

Question 34

Tom, a paralegal, is researching state law involving private adoptions.He comes across a case on "all fours" from the Ninth Circuit Court of Appeals.The case that Tom found would be a:

A)Binding authority
B)Primary authority
C)Persuasive authority
D)Secondary authority

Question 35

Published opinions by the U.S.Circuit Court of Appeals appear in:

A)Federal Decisions
B)Federal Reporter
C)Published Court Reports
D)All of these choices are correct

Question 36

Any legal authority, or source of law, that a court may look to for guidance but that it is not required to follow in making its decision is called a:

A)Secondary authority
B)Persuasive authority
C)Binding authority
D)Primary authority

Question 37

Which of the following sources would be considered a binding authority?

A)A constitution
B)Court decisions from an inferior court in the same jurisdiction
C)Statutes
D)Court decisions from a superior court in the same jurisdiction
E)A constitution, statutes, and court decisions from a superior court in the same jurisdiction

Question 38

When performing legal research on case law, your goal should be to look for:

A)Cases on point
B)Cases from the lowest court in your jurisdiction
C)Similar cases
D)Cases from the highest court in your jurisdiction
E)Cases on point and cases from the highest court in your jurisdiction

Question 39

A decision is one that the court that issued it has declared to be binding precedent.

A)Binding
B)Legal
C)Published
D)Official

Question 40

Which of the following are necessary conditions for a decided court case to be a binding authority?

A)The case must be on point
B)The case must have gone to the U.S.Supreme Court
C)The case must have been decided by a higher court in the same jurisdiction
D)The case must be on point and the case must have been decided by a higher

Question 41

include decisions of the courts in the United States, statutes, rules and regulations, presidential orders, and any documents that establish the law.

A)Secondary sources
B)Binding authorities
C)Primary sources
D)Persuasive authorities

Question 42

A brief comment, an explanation of a legal point, or a case summary found in a digest or other legal source is called:

A)A reporter
B)A digest
C)An annotation
D)A headnote

Question 43

A(n) is a compilation in which brief summaries of court cases are arranged by subject, or topic, and subdivided by jurisdiction and court.

A)Annotation
B)Headnote
C)Reporter
D)Digest

Question 44

A(n) is a separate pamphlet, inserted into the front or back binding of a volume of a law book, that contains recent cases or changes in the law and is used to update the law book.

A)Update pamphlet
B)Pocket part
C)Digest
D)Pocket pamphlet

Question 45

offers definitions and interpretations of legal terms and phrases. Each term or phrase in this 132-volume set is followed by brief summary statements from federal or state court decisions in which the word or phrase has been interpreted or defined.

A)Corpus Juris Secundum
B)American Jurisprudence 2d
C)Words and Phrases
D)A.L.R.

Question 46

Which of the following are features of American Jurisprudence?

A)Alphabetical presentation of topics
B)Subtopics describing rules of law
C)Cross-references to specific court cases
D)All of these choices are correct

Question 47

A note near the beginning of a reported case summarizing the court's ruling on an issue of law is called:

A)An annotation
B)A key number
C)A headnote
D)All of these choices are correct

Question 48

Which of the following are secondary sources of law?

A)Legal encyclopedias
B)Digests
C)A.L.R.s
D)Legal encyclopedias and A.L.R.s
E)All of these choices are correct

Question 49

Which of the following are important finding tools for researching case law?

A)Legal encyclopedias
B)Case digests
C)Court decisions
D)Legal encyclopedias and case digests
E)Legal encyclopedias and court decisions

Question 50

Both Corpus Juris Secundum and American Jurisprudence 2d:

A)Are available online
B)Contain over 100 volumes
C)Have detailed information on most areas of the law
D)Are legal encyclopedias
E)All of these choices are correct

Question 51

is a secondary source that offers detailed information on almost every area of the law and provides cross-references to court cases and other secondary sources.

A)A digest
B)Words and Phrases
C)American Law Reports
D)A legal encyclopedia

Question 52

West publishes which of the following digests?

A)State court opinions
B)Federal court opinions
C)Regional digests
D)All of these choices are correct

Question 53

A publication in which court cases are published is called:

A)An annotation
B)A citation
C)A reporter
D)A digest

Question 54

The key-number system:

A)Organizes case summaries by date
B)Organizes case summaries under specific topics and subtopics
C)Organizes case summaries by importance to society
D)Organizes case summaries by date, organizes case summaries under specific topics and subtopics, and organizes case summaries by importance to society
E)None of these choices are correct

Question 55

In a case of first impression, the court:

A)Will never consider persuasive authorities
B)Rarely refers to persuasive authorities
C)Often refers to persuasive authorities
D)Only allows the use of primary sources

Question 56

Secondary sources are often referred to as because they help the researcher to locate primary sources on topics they are researching.

A)Digests
B)Finding tools
C)Legal encyclopedias
D)Locating tools

Question 57

Both Corpus Juris Secundum and American Jurisprudence 2d:

A)Are available online
B)Are not available online
C)Are rarely updated
D)Cannot be cited in cases of first impression
E)Are available online and are rarely updated

Question 58

Topics and numbers used to facilitate legal research of case law within West's legal research sources are called:

A)Headnotes
B)The key-number system
C)The digest
D)The reporter

Question 59

Law books and articles that summarize, systematize, compile, explain, and interpret the law are called:

A)Secondary sources
B)Binding authorities
C)Primary sources
D)Persuasive authorities

Question 60

The organizes millions of case summaries under specific topics and subtopics.

A)Headnotes
B)Key-number system
C)Digest
D)Reporter

Question 61

A secondary source presented as a single-volume scholarly work, or treatise, on a particular legal subject, such as property law, is called:

A)A.L.R.
B)Words and Phrases
C)A digest
D)A hornbook

Question 62

Treatises are:

A)Formal scholarly works
B)Legally binding
C)Primary sources
D)Legal encyclopedias

Question 63

The system of court reporters that divides the country into geographical regions is called:

A)The state reporter system
B)West's National Reporter System
C)West's Case Reporter System
D)West's key-number system

Question 64

Which of the following has the force of law?

A)Treatises
B)Restatements of the Law
C)Legal periodicals
D)None of these choices are correct

Question 65

A hornbook is:

A)A primary source
B)Legally binding
C)A source of law
D)A single-volume treatise

Question 66

is a principle of statutory interpretation that states that if the meaning of a statute is clear on its face, then that meaning is the interpretation the court will give to the statute, and an inquiry into the legislative history will not be undertaken.

A)The rule of construction
B)The plain-meaning rule
C)The previous judicial interpretation rule
D)The legislative intent rule

Question 67

Treatises are:

A)Formal scholarly works
B)Secondary sources
C)Single books
D)Multivolume sets
E)All of these choices are correct

Question 68

When using A.L.R., which of the following should you consult to make sure you have the most updated information possible?

A)A.L.R.Blue Book of Supplemental Decisions
B)A.L.R.Later Case Service
C)Pocket-part supplements for A.L.R.
D)All of these choices are correct

Question 69

When using A.L.R., which of the following would not be useful to consult to make sure you have the most updated information possible?

A)A.L.R.Blue Book of Supplemental Decisions
B)A.L.R.Later Case Service
C)Pocket-part supplements for A.L.R.
D)None of these choices are correct

Question 70

Written decisions of state appellate courts are published chronologically in volumes called _, which are numbered consecutively.

A)Reporters
B)Results
C)Restatements
D)Opinion reports

Question 71

A(n) is a secondary source that presents cases followed by annotations.

A)Legal encyclopedia
B)Digest
C)American Law Report
D)Treatise

Question 72

Each section in the Restatements of the Law contains:

A)A statement of the principles of the law that are generally accepted
B)A discussion of the principles of the law
C)Cases as examples
D)All of these choices are correct

Question 73

Restatements of the Law are:

A)Available online
B)Persuasive authorities
C)Secondary sources
D)Available online and secondary sources
E)All of these choices are correct

Question 74

Restatements of the Law are:

A)Available online
B)Not available online
C)Primary sources
D)Available online and primary sources
E)Not available online and primary sources

Question 75

In legal research, a text that provides a systematic, detailed, and scholarly review of a particular legal subject is called:

A)A legal encyclopedia
B)A digest
C)A treatise
D)A.L.R.

Question 76

Treatises are:

A)Formal scholarly works
B)Secondary sources
C)Often cited as persuasive authorities
D)Legal encyclopedias
E)Formal scholarly works, secondary sources, and often cited as persuasive authorities

Question 77

Some case reporters are designated as by the state legislature.

A)Case law reporters
B)Official reporters
C)Unofficial reporters
D)State reporters

Question 78

State appellate court decisions are found in of that particular state.

A)The Official Decision Dockets
B)The Federal Library
C)The state reporters
D)The local libraries

Question 79

Written decisions of state appellate courts are published:

A)Chronologically
B)By topic
C)Not at all
D)By small private journals

Question 80

A hornbook is:

A)A secondary source
B)A source of legal analysis
C)A persuasive authority
D)A single-volume treatise
E)All of these choices are correct