Deck 4: Constitutions, Statutes, Administrative Law, and Court Rules: Research and Analysis
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Deck 4: Constitutions, Statutes, Administrative Law, and Court Rules: Research and Analysis
1
The United States Code is annotated.
False
2
The scope section includes the short title and what is specifically covered in the statute.
False
3
Some statutes provide that the statute is cumulative to the common law.
True
4
Annotations often include cross references to other statutes.
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5
Most state laws are initially published in pamphlets similar to the federal slip laws.
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6
The first step of the statutory analysis process is divided into three parts.
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7
Federal regulations may be located in the Code of Federal Regulations by consulting the index or table of contents.
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8
The second step of the statutory analysis process is divided into two parts.
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9
Most criminal law is governed by statutory law rather than by common law.
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10
Administrative law is primary authority and consists of the rules and regulations of administrative agencies and the court opinions interpreting them.
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11
If the term or is used in a statute, both of the conditions or listed items are required.
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12
All statutes have definition sections that define the key terms used in the statute.
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13
Federal administrative regulations are published by the Government Printing Office in the United States Code.
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14
The Federal Rules of Criminal Procedure are included in the United States Code.
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15
The first step of the statutory analysis process requires both the location of all applicable law and a determination of which statute applies.
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16
The most common approach for locating a statute is to refer to the table of contents.
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17
Before a statute may be applied to the facts of a client's case, the elements of the statute must be identified.
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18
The Code of Federal Regulations and the Federal Register are available on both Westlaw and LexisNexis.
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19
Slip laws are published by the United States Code Congressional and Administrative News Service .
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20
The United States Code Annotated is the official code of the laws of the United States.
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21
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
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
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22
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)a and b
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)a and b
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23
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)b and c
A)legislative acts.
B)codes.
C)statutes.
D)ordinances.
E)b and c
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