Deck 15: Legal Research

Question 1

In conducting legal research, it is necessary to check pocket parts in those books updated by pocket parts.

Answer 1

True

Question 2

A dissenting opinion is only persuasive authority.

Answer 2

True

Question 3

"Statutory law" is a primary source of law passed by the legislative branch.

Answer 3

True

Question 4

The executive branch of government has a great deal to do with the laws passed by the legislative branch: the executive branch has the job of enforcing laws and the head of the executive branch may try to veto a newly passed law.

Question 5

A dissenting opinion is the explicit disagreement of one or more judges.

Question 6

A majority opinion is an opinion in which less than a majority of the participating judges join.

Question 7

A majority opinion controls (is binding on) later decisions by the same court and lower courts.

Question 8

A majority opinion controls (is binding on) later decisions by the same court and higher courts.

Question 9

In conducting legal research, it is desirable, but not necessary, to check pocket parts in those books updated by pocket parts.

Question 10

"Common law" is a primary source of law developed through court opinions.

Question 11

Common law is used to interpret statutes.

Question 12

The legislature cannot change a common law principle by passing a statute which conflicts with the prior common law principle.

Question 13

A majority opinion is an opinion in which at least a majority of the participating judges join.

Question 14

Administrative agencies make law by promulgating administrative regulations.

Question 15

A concurring opinion is the explicit disagreement of one or more judges in the result reached by the majority.

Question 16

A dissenting opinion is mandatory authority on the same court and lower courts.

Question 17

Administrative agencies enforce but do not make law.

Question 18

The executive branch of government has no effect on the laws passed by the legislative branch.

Question 19

Common law principles govern only where there is an applicable statute.

Question 20

It is proper to cite a dissenting opinion so long as it is identified as a dissenting opinion.

Question 21

A holding from a prior case is binding on the same court and lower courts where the facts are substantially the same.

Question 22

A per curiam opinion is an opinion written by the court rather than by one particular judge.

Question 23

Generally, it is not proper to cite to legal encyclopedias.

Question 24

The appellee is the party who lost in the lower court.

Question 25

Most court decisions are en banc decisions.

Question 26

A concurring opinion is mandatory authority.

Question 27

The appellant is the party who lost in the lower court.

Question 28

A concurring opinion is persuasive authority.

Question 29

The defendant is the party who filed the complaint and the plaintiff is the party defending against the complaint.

Question 30

The plaintiff is the party who filed the complaint and the defendant is the party defending against the complaint.

Question 31

The entire membership of the court participates in an en banc decision rather than the regular quorum.

Question 32

Digests contain short summaries of legal principles from court opinions, with the summaries being arranged strictly chronologically.

Question 33

En banc decisions are usually reserved for important cases.

Question 34

It is improper to ever cite a dissenting opinion.

Question 35

A concurring opinion is a separate opinion delivered by one or more judges which agrees with the results of a majority of the court but offers its own reasons for reaching the same result.

Question 36

A three-judge panel makes an en banc decision.

Question 37

It is not proper to cite to digests.

Question 38

Obiter dictum is binding on the same court and lower courts where the facts are substantially the same.

Question 39

Digests contain short summaries of legal principles from court opinions, with the summaries being arranged by topic.

Question 40

A dissenting opinion is a separate opinion delivered by one or more judges that agrees with the results of a majority of the court but offers its own reasons for reaching the same result.

Question 41

The following are secondary sources: __________.

A) legal encyclopedias
B) legal periodicals and law review articles
C) treatises
D) a, b, and c
E) a and b

Question 42

To read common law you would look at __________.

A) reporters
B) looseleaf services containing recent court decisions
C) codes
D) a and b
E) a, b, and c

Question 43

Questions of fact and issues of law are decided at the trial level.

Question 44

An opinion of the United States Supreme Court would be mandatory authority for __________.

A) the Illinois court of last resort
B) a United States district court within the Ninth Circuit
C) an Illinois intermediate appellate court
D) a, b, and c
E) a and c

Question 45

An opinion of the court of last resort of your state would be mandatory authority for ________.

A) the state intermediate appellate courts
B) the superior-level trial courts
C) the inferior-level trial courts
D) a, b, and c
E) a and b

Question 46

To read common law you would look at __________.

A) reporters
B) looseleaf services containing recent court decisions
C) legal encyclopedias
D) a and b
E) a, b, and c

Question 47

Generally, appellate courts only decide questions of law.

Question 48

The following are primary sources: __________.

A) constitutions and statutes
B) court rules
C) cases and regulations
D) a and c
E) a, b, and c

Question 49

A provision in a state constitution __________.

A) can conflict with the United States Constitution and still be enforceable
B) can guarantee rights in addition to those rights guaranteed by the United States Constitution
C) can be interpreted by the courts of the state
D) a, b, and c
E) b and c

Question 50

An opinion of the United States Court of Appeals for the Fifth Circuit would be mandatory authority for __________.

A) a United States district court within the Fifth Circuit
B) the United States Court of Appeals for the Seventh Circuit
C) a United States district court within the Seventh Circuit
D) the Texas court of last resort
E) a and b

Question 51

An opinion of the United States Court of Appeals for the Fifth Circuit would be mandatory authority for __________.

A) the New York court of last resort
B) the United States Court of Appeals for the Seventh Circuit
C) a United States district court within the Fifth Circuit
D) a United States district court within the Seventh Circuit
E) b and d

Question 52

The following are used as finding tools to find primary sources: __________.

A) American Law Reports annotations
B) digests and legal encyclopedias
C) administrative regulations
D) a, b, and c
E) a and b

Question 53

Generally, appellate courts only decide questions of fact.

Question 54

A provision in a state constitution __________.

A) can be interpreted by courts of the state
B) can guarantee rights in addition to those rights guaranteed by the United States Constitution
C) is unenforceable if it conflicts with the United States Constitution
D) a, b, and c
E) b and c

Question 55

The following are primary sources: __________.

A) constitutions and statutes
B) annotations
C) cases and administrative regulations
D) a and c
E) a, b, and c

Question 56

The following are secondary sources: __________.

A) American Law Reports annotations
B) digests
C) legal encyclopedias
D) a, b, and c
E) a and c

Question 57

An opinion of the court of last resort of your state would be mandatory authority for ________.

A) the state intermediate appellate courts
B) the state trial courts
C) the court of last resort of a sister state
D) a, b, and c
E) a and b

Question 58

To read statutory law you would look at __________.

A) slip law
B) slip opinions
C) session laws
D) codes
E) a, c, and d

Question 59

To read statutory law you would look at __________.

A) slip opinions
B) codes and annotated codes
C) session laws
D) b and c
E) a, b, and c

Question 60

The following are used as finding tools to find primary sources: __________.

A) American Law Reports annotations
B) digests
C) legal encyclopedias
D) a, b, and c
E) a and b

Question 61

To read United States Supreme Court opinions you would look at __________.

A) United States Code
B) United States Reports and United States Supreme Court Reports, Lawyers' Edition
C) Supreme Court Reporter
D) a, b, and c
E) b and c

Question 62

The upper-level trial courts of your state are ________________.

A) trial courts for felonies
B) appellate courts for cases appealed from lower-level trial courts of your state
C) trial courts for cases involving more than $_____________
D) a, b, and c
E) b and c

Question 63

The doctrine of stare decisis applies __________ .

A) to future cases decided by a higher court
B) to future cases decided by the same court
C) where the facts are substantially the same
D) a, b, and c
E) b and c

Question 64

The upper-level trial courts of your state are ________________.

A) trial courts for misdemeanors
B) appellate courts for cases appealed from the lower-level trials courts of your state
C) trial courts for cases involving more than $______
D) a, b, and c
E) b and c

Question 65

To read statutes passed by the United States Congress you would look at __________.

A) C.J.S.
B) U.S.C., U.S.C.A., and U.S.C.S.
C) United States Law Week
D) a, b, and c
E) a and b

Question 66

To read opinions of the United States courts of appeals you would look at __________.

A) United States Law Week
B) Federal Reporter
C) Federal Supplement
D) a, b, and c
E) b and c

Question 67

To read United States Supreme Court opinions you would look at __________.

A) United States Code
B) United States Reports and United States Supreme Court Reports, Lawyers' Edition
C) Supreme Court Reporter and United States Law Week
D) b and c
E) a, b, and c

Question 68

An opinion of the intermediate appellate court of your state is persuasive authority but not mandatory authority for _____________.

A) the court of last resort of a sister state
B) a trial court of your state
C) the court of last resort of your state
D) a trial court of a sister state
E) a, c, and d

Question 69

The doctrine of stare decisis applies __________ .

A) to future cases decided by a lower court
B) to future case decide by the same court
C) where the facts are substantially the same
D) a, b, and c
E) b and c

Question 70

The two most widely used legal encyclopedias in the United States are __________ .

A) Illinois Jurisprudence and American Jurisprudence
B) U.S. Jurisprudence and C.J.S.
C) U.S.C. and U.S.C.S.
D) American Jurisprudence and C.J.S.
E) U.S.C.A. and U.S.C.S.

Question 71

To read statutes passed by the United States Congress you would look at __________.

A) U.S.C.
B) U.S.C.A. and U.S.C.S.
C) United States Law Week
D) a, b, and c
E) a and b

Question 72

To read opinions of the United States courts of appeals you would look at __________.

A) Federal Appendix
B) Federal Reporter
C) Federal Supplement
D) a, b, and c
E) a and b

Question 73

To read opinions of the United States district courts you would look at __________.

A) United States Law Week
B) Federal Reporter
C) Federal Supplement
D) a, b, and c
E) b and c

Question 74

Headnotes from cases are reprinted in __________ .

A) legal encyclopedias
B) digests
C) law review articles
D) American Law Reports

Question 75

The lower-level trial courts of your state handle ________________.

A) cases involving $________ or less
B) small claims
C) felonies
D) a, b, and c
E) a and b

Question 76

The lower-level trial courts of your state handle ________________.

A) cases involving $_________ or more
B) small claims
C) misdemeanors
D) a, b, and c
E) b and c

Question 77

To read opinions of the United States district courts you would look at __________.

A) Federal Appendix
B) Federal Reporter
C) Federal Supplement
D) a, b, and c
E) b and c

Question 78

An opinion of the intermediate appellate court of your state is persuasive authority but not mandatory authority for _____________.

A) the court of last resort of a sister state
B) a trial court of your state
C) the court of last resort of your state
D) a, b, and c
E) a and c

Question 79

The two most widely used legal encyclopedias in the United States are __________ .

A) United States Law Week
B) Texas Jurisprudence and American Jurisprudence
C) U.S.C.A. and U.S.C.A.
D) U.S. Jurisprudence and C.J.S.
E) American Jurisprudence and C.J.S.

Question 80

An opinion of the United States Supreme Court would be mandatory authority for __________.

A) the Indiana court of last resort
B) the United States Court of Appeals for the Second Circuit
C) a New York intermediate appellate court
D) a, b, and c
E) a and c