Deck 3: Constitutions, Statutes, Administrative Law, and Court Rulesresearch and Analysis

Question 1

The Federal Rules of Criminal Procedure are included in the United States Code.

Answer 1

True

Question 2

If the term or is used in a statute, both of the conditions or listed items are required.

Answer 2

False

Question 3

The Code of Federal Regulations and the Federal Register are available on both Westlaw and LexisNexis.

Answer 3

True

Question 4

Some statutes provide that the statute is cumulative to the common law.

Question 5

All statutes have a definitions section that defines key terms used in the statute.

Question 6

The second step of the statutory analysis process is divided into two parts.

Question 7

Slip laws are published by the United States Code Congressional and Administrative News Service.

Question 8

Before a statute may be applied to the facts of a client's case, the elements of the statute must be identified.

Question 9

The scope section includes the short title and what is specifically covered in the statute.

Question 10

The first step of the statutory analysis process is divided into three parts.

Question 11

The United States Code Annotated is the official code of the laws of the United States.

Question 12

Federal regulations may be located in the Code of Federal Regulations by consulting the index or table of contents.

Question 13

Federal administrative regulations are published by the Government Printing Office in the United States Code .

Question 14

Annotations often include cross-references to other statutes.

Question 15

Most state laws are initially published in pamphlets, similar to the federal slip laws.

Question 16

Administrative law is primary authority and consists of the rules and regulations of administrative agencies and the court opinions interpreting them.

Question 17

The most common approach for locating a statute is to refer to the table of contents.

Question 18

The United States Code is annotated.

Question 19

The first step of the statutory analysis process requires both the location of all applicable law and a determination of which statute applies.

Question 20

Laws passed by Congress is commonly referred to as statutory law rather than by common law.

Question 21

Some statutes do not have:

A)Numbers assigned for each section
B)Definition sections
C)Scope sections
D)Substantive sections
E)All of the above
F)Answers b and c above
G)Answers a and c above

Question 22

Federal administrative law is published in the:

A)Federal Register
B)United States Code
C)Code of Federal Regulations
D)United States Code Annotated
E)All of the above
F)Answers a, b, and c above
G)Answers a and c above

Question 23

Usually, court rules are separated into the following division(s):

A)Civil procedure
B)Administrative procedure
C)Criminal procedure
D)Trial procedure
E)Answers a, b, and c above
F)Answers a and c above
G)Answers a, c, and g above

Question 24

To locate state administrative law, refer to the:

A)Code of Federal Regulations
B)United States Code Service
C)Individual state agency
D)United States Code Annotated
E)All of the above
F)Answers a and c above

Question 25

Laws passed by local governing bodies, such as a city council, are usually referred to as:

A)Legislative acts
B)Codes
C)Statutes
D)Ordinances
E)Answers b and c above

Question 26

Statutory annotations usually include:

A)A history section
B)Official comments on the section
C)Research references
D)Notes to decisions
E)All of the above
F)Answers b, c, and d above

Question 27

The second step of the statutory analysis process requires:

A)A careful reading of the statute
B)A determination of whether the statute provides more than one rule or test
C)A review of all the sections of the statute
D)Identification of the statutory elements
E)All of the above
F)Answers a, b, and d above

Question 28

The laws of the United States are published in the:

A)United States Statutes at Large
B)United States Code
C)United States Code Annotated
D)United States Code Service
E)All of the above
F)Answers a and b

Question 29

Which of the following is (are)among the steps in the statutory analysis process?

A)A determination of whether the statute applies to the legal problem
B)The location of the case law that interprets the statute
C)The identification of the statutory elements
D)The application of the statute to the legal problem
E)All of the above
F)Answers a, c, and d above

Question 30

"Wills are valid if they are in the handwriting of the testator and signed by the testator." Here, the term and means that:

A)Either condition may be present for a will to be valid
B)Both conditions must be met for a will to be valid
C)The use of and makes both requirements mandatory for a will to be valid
D)Only one of the conditions must be met for a will to be valid
E)Answers a and d above
F)Answers b and c above

Question 31

Statutes may be located through the use of:

A)The general index
B)The table of contents
C)The popular name table
D)Pocket parts
E)All of the above
F)Answers a, b, and c above

Question 32

The United States Code Annotated:

A)Has a general index
B)Is published by the United States Government Printing Office
C)Does not come with a conversion table
D)Is updated with pocket parts
E)All of the above
F)Answers a and d above

Question 33

The first step in the statutory analysis process requires:

A)The identification of the statutory elements
B)A determination of which statute applies
C)A determination of how the statute applies
D)All of the above
E)Answers a and b above

Question 34

Which of the following considerations and guidelines need to be kept in mind when engaged in statutory analysis?

A)Statutory elements
B)Legislative history
C)Canons of construction
D)Court rules
E)All of the above
F)Answers a, b, and c above
G)Answers b and c above

Question 35

The final step of the statutory analysis process requires:

A)The application of the elements to the facts of the client's case
B)A determination of what the statute declares, requires, or prohibits
C)A determination of whether the statute requires more than one rule or test
D)The location of the applicable statute
E)None of the above