Deck 8: Research
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Deck 8: Research
1
The objective of legal research is to ________________________.
A)Find legal rules.
B)Find a legal issue that matches the client's legal issue.
C)Find factual issues that are exactly the same as the client's case.
D)Find legal authorities that are controlling in determining a specific legal issue.
A)Find legal rules.
B)Find a legal issue that matches the client's legal issue.
C)Find factual issues that are exactly the same as the client's case.
D)Find legal authorities that are controlling in determining a specific legal issue.
Find legal authorities that are controlling in determining a specific legal issue.
2
Which of the following is a correct short form citation for page 925 of Mercer v. Davis & Berryman Int'l, Inc., 834 F.2d 922 (1987), if (1) used in the citation immediately following the full citation and (2) cited in a pleading, motion, or appellate brief?
A)Mercer, 834 F .2d at 922.
B)Id ., at 925.
C)Id ., 834 F .2d at 925.
D)Mercer, 834 F .2d at 922 (1987).
A)Mercer, 834 F .2d at 922.
B)Id ., at 925.
C)Id ., 834 F .2d at 925.
D)Mercer, 834 F .2d at 922 (1987).
Id ., at 925.
3
The term "substantive law" refers to _____________________________.
A)Legal rules that define basic rights and duties that provide social order.
B)Theories of law, such as positivism, from which legal rules are drawn.
C)Rules that govern how laws are enforced.
D)Judge-made law.
A)Legal rules that define basic rights and duties that provide social order.
B)Theories of law, such as positivism, from which legal rules are drawn.
C)Rules that govern how laws are enforced.
D)Judge-made law.
Legal rules that define basic rights and duties that provide social order.
4
Under The Bluebook, if a parallel citation to an Internet source may be used, and the citation is used in a pleading, motion, or appellate brief, the parallel citation is introduced by a comma followed by the words _________________.
A)"see also"
B)"available at"
C)No words are necessary-only the comma is necessary.
A)"see also"
B)"available at"
C)No words are necessary-only the comma is necessary.
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5
Secondary law is ___________________.
A)Non-mandatory.
B)Binding.
C)State law.
D)Mandatory.
A)Non-mandatory.
B)Binding.
C)State law.
D)Mandatory.
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6
Which of the following is the correct abbreviation of the North Eastern Reporter for use in a case citation?
A)N.E .
B)N. E .
C)Nor. East.
D)N. E . 2d
A)N.E .
B)N. E .
C)Nor. East.
D)N. E . 2d
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7
Which of the following three types of law carries the most weight: constitutional law, statutory law, or common law?
A)Constitutional law.
B)Statutory law.
C)Common law.
D)Both constitutional law and statutory law, each having equal weight.
A)Constitutional law.
B)Statutory law.
C)Common law.
D)Both constitutional law and statutory law, each having equal weight.
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8
At the local level, statutory law is referred to as __________________.
A)Legislation.
B)City law.
C)Ordinances.
D)Municipal law.
A)Legislation.
B)City law.
C)Ordinances.
D)Municipal law.
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9
The purpose of a constitution is to ___________________________________________.
A)Provide a framework for government and establish basic rights of citizens.
B)Provide a framework for government.
C)Guarantee fundamental human rights.
D)Establish the legal rules for resolving conflicts between statutory laws.
A)Provide a framework for government and establish basic rights of citizens.
B)Provide a framework for government.
C)Guarantee fundamental human rights.
D)Establish the legal rules for resolving conflicts between statutory laws.
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10
Which of the following is a correct citation to Rule 41(a) of the Federal Rules of Appellate Procedure?
A)Fed. R. App. P. 41(a) (2011).
B)Fed. R. App. P. 41(a).
C)Fed. R. App. P. Rule 41(a).
D)Fed. R. App. P. R. 41(a).
A)Fed. R. App. P. 41(a) (2011).
B)Fed. R. App. P. 41(a).
C)Fed. R. App. P. Rule 41(a).
D)Fed. R. App. P. R. 41(a).
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11
A statute is ___________________________________________.
A)A law regulating the production and sale of statues.
B)Another term for a framework for government.
C)A legislative enactment passed into law by Congress or a state legislature.
D)A legislative enactment passed into law by a local government.
A)A law regulating the production and sale of statues.
B)Another term for a framework for government.
C)A legislative enactment passed into law by Congress or a state legislature.
D)A legislative enactment passed into law by a local government.
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12
Which of the following correctly cites the fourth clause of the Fifth Amendment (on the deprivation of property without compensation) of the U.S. Constitution?
A)U.S. Const. amend. V, cl. 4.
B)U.S. Const. amend. V, clause 4.
C)U.S. Const. art. V, cl. 4.
A)U.S. Const. amend. V, cl. 4.
B)U.S. Const. amend. V, clause 4.
C)U.S. Const. art. V, cl. 4.
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13
In the context of the law and legal research, a bill is ___________________________.
A)A monthly statement received from LEXIS or WestLawNext.
B)A proposed procedural law.
C)A proposed legislative enactment.
D)A draft opinion issued by an appellate court.
A)A monthly statement received from LEXIS or WestLawNext.
B)A proposed procedural law.
C)A proposed legislative enactment.
D)A draft opinion issued by an appellate court.
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14
Under The Bluebook, an Internet citation provides the Internet address (the "Uniform Resource Locator" or "URL"). The root URL, together with a parenthetical explanation describing the hyperlinks to the information or source, may be used ______________________________________________________.
A)At the preference of the author.
B)If the source cited is essential to the proposition stated in the text.
C)If the URL is straightforward and relatively short.
D)If the URL is long, unwieldy, or full of non-textual characters.
A)At the preference of the author.
B)If the source cited is essential to the proposition stated in the text.
C)If the URL is straightforward and relatively short.
D)If the URL is long, unwieldy, or full of non-textual characters.
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15
At the end of a legislative session, the laws enacted by a legislature are collected in chronological order and published. The enactments that are collected and published are called ___________________________.
A)Session laws.
B)Codified law.
C)The enactments of the session.
D)Slip laws.
A)Session laws.
B)Codified law.
C)The enactments of the session.
D)Slip laws.
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16
After enactment, the laws enacted by the United States Congress are collected and published in the ___________________________.
A)Book of Session Laws.
B)Statutes at Large.
C)Federal Register.
D)Congressional Record.
A)Book of Session Laws.
B)Statutes at Large.
C)Federal Register.
D)Congressional Record.
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17
Do state legislatures collect and publish their enactments as session laws?
A)Yes, in most states.
B)Yes, but only in a small number of states.
C)Yes, in most states, but only selected slip laws are published.
D)No.
A)Yes, in most states.
B)Yes, but only in a small number of states.
C)Yes, in most states, but only selected slip laws are published.
D)No.
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18
Which of the following is the correct abbreviation of the Federal Supplement, Second Series for use in a case citation?
A)Fed. Suppl., 2d
B)F. Supp.
C)F. Supp. 2d
D)F. Suppl. 2d
A)Fed. Suppl., 2d
B)F. Supp.
C)F. Supp. 2d
D)F. Suppl. 2d
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19
The term "codification" refers to _______________________________________.
A)The process of collecting and publishing slip laws as session laws.
B)The process of restating the common law in the form of legal rules.
C)The development of a systematic compilation of procedural rules in a given jurisdiction.
D)The development of a systematic compilation of statutory laws in a given jurisdiction.
A)The process of collecting and publishing slip laws as session laws.
B)The process of restating the common law in the form of legal rules.
C)The development of a systematic compilation of procedural rules in a given jurisdiction.
D)The development of a systematic compilation of statutory laws in a given jurisdiction.
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20
Does a codification incorporate all session laws enacted in all sessions?
A)Yes.
B)Yes, but only entirely new statutes, and not amendments to existing statutes.
C)No.
D)No, unless the United State Supreme Court or a state supreme court orders complete incorporation.
A)Yes.
B)Yes, but only entirely new statutes, and not amendments to existing statutes.
C)No.
D)No, unless the United State Supreme Court or a state supreme court orders complete incorporation.
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21
Citation signals are used as a shorthand method for indicating how the cited material supports or relates to the proposition stated in the text. If the signal "Cf." is used, the cited material __________________________________.
A)Is contrary to the proposition in the text.
B)Differs from, but generally lends support to, the proposition in the text.
C)Is one of several authorities that clearly support the proposition in the text.
D)Is the only authority that directly supports the proposition in the text.
A)Is contrary to the proposition in the text.
B)Differs from, but generally lends support to, the proposition in the text.
C)Is one of several authorities that clearly support the proposition in the text.
D)Is the only authority that directly supports the proposition in the text.
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22
The titles of the two unofficial codifications of federal statutory law are the _____________________________________ and the _________________________________.
A)United States Code; United States Code Annotated.
B)United States Code Annotated; United States Code Service.
C)United States Code Service; U.S. Federal Code Annotated.
D)United States Code; United States Code Service.
A)United States Code; United States Code Annotated.
B)United States Code Annotated; United States Code Service.
C)United States Code Service; U.S. Federal Code Annotated.
D)United States Code; United States Code Service.
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23
Which of the following, generally, is NOT a step in the legal research process?
A)Locate applicable legal authorities.
B)Update the legal authorities found by Shepardizing or using KeyCite.
C)Review complaints filed in the same jurisdiction on the same issue.
D)Draft a memorandum summarizing the research.
E)Obtain background information and identify relevant facts.
F)Post a request on a paralegal discussion board about the topic.
G)Brief statutes and cases that are on point.
H)Frame the legal issues.
A)Locate applicable legal authorities.
B)Update the legal authorities found by Shepardizing or using KeyCite.
C)Review complaints filed in the same jurisdiction on the same issue.
D)Draft a memorandum summarizing the research.
E)Obtain background information and identify relevant facts.
F)Post a request on a paralegal discussion board about the topic.
G)Brief statutes and cases that are on point.
H)Frame the legal issues.
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24
Which of the following is a correct citation format for a United States Supreme Court case if cited in a pleading, motion, or an appellate brief?
A)Montana v. Blackfeet Tribe, 471 U.S. 759 (1985)
B)Montana v. Blackfeet Tribe, 471 U.S. 759, 105 S. Ct. 2399, 85 L. Ed. 2d 753 (1985)
C)Montana et al. v. Blackfeet Tribe, 471 U.S. 759, 105 S.Ct. 2399 (1985)
D)None of the above
A)Montana v. Blackfeet Tribe, 471 U.S. 759 (1985)
B)Montana v. Blackfeet Tribe, 471 U.S. 759, 105 S. Ct. 2399, 85 L. Ed. 2d 753 (1985)
C)Montana et al. v. Blackfeet Tribe, 471 U.S. 759, 105 S.Ct. 2399 (1985)
D)None of the above
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25
An annotation provides a(n) __________________________________________________.
A)List of treatises and law review articles that cite or refer to a statute.
B)List of cases that cite or refer to a statute.
C)Legally binding interpretation of a statute.
D)Explanation or commentary that supplements a source of law.
A)List of treatises and law review articles that cite or refer to a statute.
B)List of cases that cite or refer to a statute.
C)Legally binding interpretation of a statute.
D)Explanation or commentary that supplements a source of law.
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26
Under The Bluebook, the word "Commission" when used in a case name is abbreviated as ________________.
A)No abbreviation is used.
B)Comm.
C)Comm'n (with no period).
D)Comm'n.
A)No abbreviation is used.
B)Comm.
C)Comm'n (with no period).
D)Comm'n.
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27
The Federal Register _____________________________________________________.
A)Publishes, in chronological order, the rules and regulations of federal administrative agencies.
B)Is a codification of the rules and regulations of federal administrative agencies.
C)Is a collection of annotations explaining federal enactments published by the federal government.
D)None of the above.
A)Publishes, in chronological order, the rules and regulations of federal administrative agencies.
B)Is a codification of the rules and regulations of federal administrative agencies.
C)Is a collection of annotations explaining federal enactments published by the federal government.
D)None of the above.
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28
The following is an Internet citation that provides a shortened URL. Which of the following answer choices provides an acceptable parenthetical explanation of how to access the report?
Larry Irving, Nat'l Telecomm. & Info. Admin., Dep't of Commerce, Falling Through the Net: A Survey of "Have Nots" in Rural and Urban America (Jul. 1995), http://www.ntia.doc.gov/reports/anol/index.html.
A)(follow "July 1995" hyperlink under "Previous Reports" heading).
B)(use link for "July 1995" under "Previous Reports").
C)(go to "Previous Reports" page, then to "July 1995).
D)None of the above.
Larry Irving, Nat'l Telecomm. & Info. Admin., Dep't of Commerce, Falling Through the Net: A Survey of "Have Nots" in Rural and Urban America (Jul. 1995), http://www.ntia.doc.gov/reports/anol/index.html.
A)(follow "July 1995" hyperlink under "Previous Reports" heading).
B)(use link for "July 1995" under "Previous Reports").
C)(go to "Previous Reports" page, then to "July 1995).
D)None of the above.
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29
Which of the following is a correct citation to Rule 802 of the Federal Rules of Evidence?
A)Fed. R. Evid. 802.
B)F.R.Evid. 802.
C)Fed. R. Evid. R. 802.
D)Fed. R. Evid. 802 (2012).
A)Fed. R. Evid. 802.
B)F.R.Evid. 802.
C)Fed. R. Evid. R. 802.
D)Fed. R. Evid. 802 (2012).
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30
The term "case law" refers to _____________________________.
A)The law that an attorney must apply on behalf of a client in a given case.
B)The process of synthesizing prior cases to develop a legal principle or rule.
C)Written opinions, prepared by juries, ruling on an issue or case and delivered to the judge.
D)Written judicial opinions ruling on an issue or case and published in case reporters.
A)The law that an attorney must apply on behalf of a client in a given case.
B)The process of synthesizing prior cases to develop a legal principle or rule.
C)Written opinions, prepared by juries, ruling on an issue or case and delivered to the judge.
D)Written judicial opinions ruling on an issue or case and published in case reporters.
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31
The elements or parts of a reported case include, among other things, ______________________________.
A)The caption, the citation, and the opening brief.
B)The discussion, the opinion, and the holding.
C)The holding, the responding brief, and the caption.
D)The caption, the headnotes, and the holding.
E)The citation, the date of the decision, and the closing argument.
F)The opinion, the statement of facts, and the disposition of the case.
G)The headnotes, the explanation, and the caption.
H)The holding, the headnotes, and the factual context.
A)The caption, the citation, and the opening brief.
B)The discussion, the opinion, and the holding.
C)The holding, the responding brief, and the caption.
D)The caption, the headnotes, and the holding.
E)The citation, the date of the decision, and the closing argument.
F)The opinion, the statement of facts, and the disposition of the case.
G)The headnotes, the explanation, and the caption.
H)The holding, the headnotes, and the factual context.
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32
Which of the following is a correct citation to the regulation of the Federal Communications Commission regarding petitions for review found in Section 1.106, Title 47 of the 2010 Code of Federal Regulations?
A)47 C .F .R. § 1.106 (2010) (petitions for review).
B)C .F .R. § 47-1.106 (2010).
C)47 C .F .R. § 1.106.
D)47 C .F .R. § 1.106 (2010).
A)47 C .F .R. § 1.106 (2010) (petitions for review).
B)C .F .R. § 47-1.106 (2010).
C)47 C .F .R. § 1.106.
D)47 C .F .R. § 1.106 (2010).
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33
For purposes of legal research, the court's decision is ____________________, and the court's opinion is ___________________________.
A)The court's ruling and disposition of the case; the court's explanation of its decision, including the holding, the rationale, and dicta.
B)The court's ruling and disposition of the case; the court's interpretation of the law or legal rule that applies in the case.
C)The court's explanation of its decision, including the holding, the rationale, and dicta; the court's statement of the facts of the case.
D)The court's explanation of its decision, including the holding, the rationale, and dicta; the court's ruling and disposition of the case.
A)The court's ruling and disposition of the case; the court's explanation of its decision, including the holding, the rationale, and dicta.
B)The court's ruling and disposition of the case; the court's interpretation of the law or legal rule that applies in the case.
C)The court's explanation of its decision, including the holding, the rationale, and dicta; the court's statement of the facts of the case.
D)The court's explanation of its decision, including the holding, the rationale, and dicta; the court's ruling and disposition of the case.
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34
Which of the following is a correct citation to an opinion issued in 2011 by the U.S. District Court for the District of Arizona, in the case of AIRFX.com and Marc Lurie v. AirFX LLC, which has not been published but is available on LexisNexis under Lexis No. 121772, if cited in a pleading, motion, or appellate brief?
A)AIRFX.com & Lurie v. AirFX LLC, 2011 LEXIS 121772 (D. Ariz. 2011).
B)AIRFX.com v. AirFX LLC, 2011 LEXIS 121772 (D. Ariz. Oct. 20, 2011).
C)AIRFX.com v. AirFX LLC, LEXIS 121772 (D. Ariz. Oct. 20, 2011).
D)AIRFX.com v. AirFX LLC, 2011 LEXIS Doc. No. 121772 (D. Ariz. Oct. 20, 2011).
A)AIRFX.com & Lurie v. AirFX LLC, 2011 LEXIS 121772 (D. Ariz. 2011).
B)AIRFX.com v. AirFX LLC, 2011 LEXIS 121772 (D. Ariz. Oct. 20, 2011).
C)AIRFX.com v. AirFX LLC, LEXIS 121772 (D. Ariz. Oct. 20, 2011).
D)AIRFX.com v. AirFX LLC, 2011 LEXIS Doc. No. 121772 (D. Ariz. Oct. 20, 2011).
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35
For purposes of understanding case law, a per curiam opinion is an _______________________.
A)Opinion issued by a panel hearing an appeal in which all judges on the panel agreed with the decision and the reasoning for the decision.
B)Opinion issued by an appellate panel that cured all procedural defects before issuing the opinion.
C)Opinion issued by a panel hearing an appeal that does not identify the judge who authored the opinion.
D)Opinion issued by one or more judges on an appellate panel that agrees with the decision reached by the majority, but disagrees with the reasoning of the majority.
A)Opinion issued by a panel hearing an appeal in which all judges on the panel agreed with the decision and the reasoning for the decision.
B)Opinion issued by an appellate panel that cured all procedural defects before issuing the opinion.
C)Opinion issued by a panel hearing an appeal that does not identify the judge who authored the opinion.
D)Opinion issued by one or more judges on an appellate panel that agrees with the decision reached by the majority, but disagrees with the reasoning of the majority.
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36
For purposes of understanding case law, the term "en banc" means _______________________.
A)In the bank; the opinion resolved a dispute regarding the meaning of a law.
B)In the bank; the identity of the judge who authored the opinion has not been given.
C)In full court; a new trial was conducted before the judges on the appellate panel.
D)In full court; all judges on a particular court of appeals participated in the decision.
A)In the bank; the opinion resolved a dispute regarding the meaning of a law.
B)In the bank; the identity of the judge who authored the opinion has not been given.
C)In full court; a new trial was conducted before the judges on the appellate panel.
D)In full court; all judges on a particular court of appeals participated in the decision.
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37
Which of the following correctly cites to the 2009 opinion in Coyote Publishing, Inc. et al. v. Ross Miller, Nevada Secretary of State et al., found in volume 598 of the Federal Reporter, 3d Series at page 592, when cited in a pleading, motion, or appellate brief?
A)Coyote Publ'g, Inc . v . Miller, 598 F . Third 592 (2009).
B)Coyote Publ'g, Inc . v . Miller, 598 F .3d 592 (2009).
C)Coyote Publ'g, Inc . v . Miller, 598 F . 3d at 592 (2009).
D)Coyote Publ'g, Inc . v . Ross Miller, 592 F .3d 598 (2009).
A)Coyote Publ'g, Inc . v . Miller, 598 F . Third 592 (2009).
B)Coyote Publ'g, Inc . v . Miller, 598 F .3d 592 (2009).
C)Coyote Publ'g, Inc . v . Miller, 598 F . 3d at 592 (2009).
D)Coyote Publ'g, Inc . v . Ross Miller, 592 F .3d 598 (2009).
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38
The term "slip opinion" refers to _______________________.
A)A court opinion as issued by the court that renders a decision.
B)A court opinion issued by a trial-level court.
C)A court opinion ruling on an interlocutory appeal.
D)A court opinion in a slip-and-fall case.
A)A court opinion as issued by the court that renders a decision.
B)A court opinion issued by a trial-level court.
C)A court opinion ruling on an interlocutory appeal.
D)A court opinion in a slip-and-fall case.
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39
United States Law Week is a publication that _______________________________.
A)Publishes news stories on cases and issues before the United States Supreme Court.
B)Distributes news stories as a wire service on general legal matters in the United States.
C)Publishes United States Supreme Court decisions each week when the Court is in session.
D)Publishes short scholarly reviews of decisions issued by the United States Supreme Court.
A)Publishes news stories on cases and issues before the United States Supreme Court.
B)Distributes news stories as a wire service on general legal matters in the United States.
C)Publishes United States Supreme Court decisions each week when the Court is in session.
D)Publishes short scholarly reviews of decisions issued by the United States Supreme Court.
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40
United States Supreme Court Reports, Lawyers' Edition is a(n) _______________________________.
A)Official reporter for opinions of the United States Supreme Court.
B)Case reporter that publishes opinions issued by the United States Supreme Court without annotations.
C)Index by topic of all opinions issued by the United States Supreme Court, but does not publish the opinions.
D)Case reporter that annotates and publishes all opinions of the United States Supreme Court.
A)Official reporter for opinions of the United States Supreme Court.
B)Case reporter that publishes opinions issued by the United States Supreme Court without annotations.
C)Index by topic of all opinions issued by the United States Supreme Court, but does not publish the opinions.
D)Case reporter that annotates and publishes all opinions of the United States Supreme Court.
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41
Which of the following uses correct citation format for an annotation in American Jurisprudence, Vol. 2, Section 75 of Appellate Review issued in 2009 if cited in a pleading, motion, or appellate brief?
A)2 Am. Jur. 2d Appellate Review § 75.
B)Am. Jur. 2d, Vol. 2, Appellate Review § 75 (2009).
C)2 Am. Jur. 2d Appellate Review § 75 (2009).
D)2 Am. Jur. 2d § 75 (2009).
A)2 Am. Jur. 2d Appellate Review § 75.
B)Am. Jur. 2d, Vol. 2, Appellate Review § 75 (2009).
C)2 Am. Jur. 2d Appellate Review § 75 (2009).
D)2 Am. Jur. 2d § 75 (2009).
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42
The unofficial reporter for United States Supreme Court opinions that is published by West Publishing is _______________________________.
A)United States Reports, Annotated Edition.
B)United States Reports.
C)Supreme Court of the United States Reports.
D)Supreme Court Reporter.
A)United States Reports, Annotated Edition.
B)United States Reports.
C)Supreme Court of the United States Reports.
D)Supreme Court Reporter.
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43
In a state that requires parallel citation of in-state cases, which of the following correctly cites to the 1996 Pennsylvania Supreme Court case of Thomas J. Hileman v. The Pittsburgh and Lake Erie Railroad Company, found in Pennsylvania State Reports Vol. 546, page 433, and Atlantic, 2d, Vol. 685, page 994, if cited in a pleading, motion, or appellate brief?
A)Thomas J. Hileman v. Pittsburgh & Lake Erie R.R. Co., 546 Pa. 433, 685 A.2d 994 (1996).
B)Hileman v. Pittsburgh & Lake Erie R.R. Co., 546 Pa. 433 (1996).
C)Hileman v. Pittsburgh & Lake Erie Railroad Co., 685 A.2d 994, 546 Pa. 433 (1996).
D)Hileman v. Pittsburgh & Lake Erie R.R. Co., 546 Pa. 433, 685 A.2d 994 (1996).
A)Thomas J. Hileman v. Pittsburgh & Lake Erie R.R. Co., 546 Pa. 433, 685 A.2d 994 (1996).
B)Hileman v. Pittsburgh & Lake Erie R.R. Co., 546 Pa. 433 (1996).
C)Hileman v. Pittsburgh & Lake Erie Railroad Co., 685 A.2d 994, 546 Pa. 433 (1996).
D)Hileman v. Pittsburgh & Lake Erie R.R. Co., 546 Pa. 433, 685 A.2d 994 (1996).
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44
The official reporter for United States courts of appeals is _______________________________.
A)Federal Reporter, Third Series.
B)Federal Cases.
C)Federal Supplement.
D)None of the above.
A)Federal Reporter, Third Series.
B)Federal Cases.
C)Federal Supplement.
D)None of the above.
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45
Under The Bluebook, the word "District" when used in a case name is abbreviated as ________________.
A)No abbreviation is used.
B)Distr.
C)Dist't (with no period).
D)Dist.
A)No abbreviation is used.
B)Distr.
C)Dist't (with no period).
D)Dist.
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46
The reporter and current series for opinions of the United States courts of appeals is _______________________________.
A)Federal Reporter.
B)Federal Reporter, Second Series.
C)Federal Reporter, Third Series.
D)Federal Cases.
A)Federal Reporter.
B)Federal Reporter, Second Series.
C)Federal Reporter, Third Series.
D)Federal Cases.
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47
The decisions of United States district courts have been reported in the Federal Supplement since _________________.
A)1880.
B)1924.
C)1932.
D)1951.
A)1880.
B)1924.
C)1932.
D)1951.
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48
What is the name of the specialty reporter devoted to publishing decisions of federal courts regarding the rules of civil and criminal procedure?
A)Federal Procedural Decisions.
B)Federal Rules Decisions.
C)Federal Rules of Procedure.
D)U.S. Rules Decisions.
A)Federal Procedural Decisions.
B)Federal Rules Decisions.
C)Federal Rules of Procedure.
D)U.S. Rules Decisions.
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49
What is the name of the specialty reporter devoted to publishing decisions of federal bankruptcy courts?
A)Bankruptcy Reporter.
B)U.S. Bankruptcy Reports.
C)Federal Bankruptcy Reporter.
D)Bankruptcy Decisions.
A)Bankruptcy Reporter.
B)U.S. Bankruptcy Reports.
C)Federal Bankruptcy Reporter.
D)Bankruptcy Decisions.
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50
Citation signals are used as a shorthand method for indicating how the cited material supports or relates to the proposition stated in the text. If the signal "See" is used, the cited material __________________________________?
A)Directly supports the proposition or indicates the source of a quote.
B)Is contrary to the proposition in the text.
C)Generally supports, but does not directly support the proposition.
D)Is one of several authorities that support the proposition in the text.
A)Directly supports the proposition or indicates the source of a quote.
B)Is contrary to the proposition in the text.
C)Generally supports, but does not directly support the proposition.
D)Is one of several authorities that support the proposition in the text.
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51
What is the National Reporter System?
A)A system of reporters that publishes the decisions of state supreme and appellate courts.
B)A term used by West Publishing to refer to its reporters that publish the opinions of all federal courts.
C)A system of reporters that is organized into seven regional reporters.
D)A system of reporters that publishes the decisions of state supreme and appellate courts organized into seven regional reporters.
A)A system of reporters that publishes the decisions of state supreme and appellate courts.
B)A term used by West Publishing to refer to its reporters that publish the opinions of all federal courts.
C)A system of reporters that is organized into seven regional reporters.
D)A system of reporters that publishes the decisions of state supreme and appellate courts organized into seven regional reporters.
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52
Which of the following is a correct citation to an opinion issued in 2008 by the U.S. District Court for the District of Arizona, in the case of Bard Peripheral Vascular, Inc. and David Goldfarb v. W.L. Gore & Associates, Inc., found in the Federal Supplement, 2d, Vol. 586, page 1083 if cited in a pleading, motion, or appellate brief?
A)Bard Peripheral v . Gore & Assocs., 586 F . Supp. 1083 (D . Ariz. 2008).
B)Bard Peripheral Vascular, Inc . v . W.L. Gore & Assocs., Inc., 586 F . Supp. 1083 (D . Ariz.).
C)Bard Peripheral Vascular v . W.L. Gore, F . Supp., Vol. 586, p. 1083 (D . Ariz. 2008).
D)Bard Peripheral Vascular, Inc. v . W.L. Gore & Assocs., Inc., 586 F . Supp. 1083 (D . Ariz. 2008).
A)Bard Peripheral v . Gore & Assocs., 586 F . Supp. 1083 (D . Ariz. 2008).
B)Bard Peripheral Vascular, Inc . v . W.L. Gore & Assocs., Inc., 586 F . Supp. 1083 (D . Ariz.).
C)Bard Peripheral Vascular v . W.L. Gore, F . Supp., Vol. 586, p. 1083 (D . Ariz. 2008).
D)Bard Peripheral Vascular, Inc. v . W.L. Gore & Assocs., Inc., 586 F . Supp. 1083 (D . Ariz. 2008).
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53
What two states publish decisions of the lower courts in their state?
A)Illinois and New York.
B)California and New York.
C)California and Illinois.
D)New York and Pennsylvania.
A)Illinois and New York.
B)California and New York.
C)California and Illinois.
D)New York and Pennsylvania.
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54
Which of the following is NOT one of the regional reporters in the National Reporter System?
A)Atlantic Reporter.
B)Pacific Reporter.
C)Midwestern Reporter.
D)North Eastern Reporter.
E)Great Lakes Reporter.
F)Southern Reporter.
G)North Western Reporter.
A)Atlantic Reporter.
B)Pacific Reporter.
C)Midwestern Reporter.
D)North Eastern Reporter.
E)Great Lakes Reporter.
F)Southern Reporter.
G)North Western Reporter.
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55
What is a legal encyclopedia?
A)A primary source of law that provides background and explanatory information on state legal issues that can be relied upon by judges.
B)A secondary source, organized by legal topics and issues, that serves as an index to case law by jurisdiction.
C)A secondary source that provides background and explanatory information on legal topics.
D)A secondary source that provides background and explanatory information on legal topics with references to case law and other legal authorities.
A)A primary source of law that provides background and explanatory information on state legal issues that can be relied upon by judges.
B)A secondary source, organized by legal topics and issues, that serves as an index to case law by jurisdiction.
C)A secondary source that provides background and explanatory information on legal topics.
D)A secondary source that provides background and explanatory information on legal topics with references to case law and other legal authorities.
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56
Which of the following is a correct law-review citation to the session law enacting the Indian Reorganization Act of 1934?
A)Indian Reorganization Act of 1934, 25 U.S.C. § 461-79 (2011).
B)Indian Reorganization Act of 1934, 48 Stat. 984 (1934) (codified as amended at 25 U.S.C. §§ 461-79).
C)Indian Reorganization Act of 1934, Pub. L. No. 73-383 (1934) (codified at 25 U.S.C. §§ 461-79).
D)Indian Reorganization Act of 1934, Pub. L. No. 73-383, 48 Stat. 984 (1934) (codified as amended at 25 U.S.C. §§ 461-79 (2011)).
A)Indian Reorganization Act of 1934, 25 U.S.C. § 461-79 (2011).
B)Indian Reorganization Act of 1934, 48 Stat. 984 (1934) (codified as amended at 25 U.S.C. §§ 461-79).
C)Indian Reorganization Act of 1934, Pub. L. No. 73-383 (1934) (codified at 25 U.S.C. §§ 461-79).
D)Indian Reorganization Act of 1934, Pub. L. No. 73-383, 48 Stat. 984 (1934) (codified as amended at 25 U.S.C. §§ 461-79 (2011)).
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57
The Code of Federal Regulations ________________________________________________.
A)Is an unofficial and annotated compilation of the rules and regulations of all federal administrative agencies.
B)Publishes, in chronological order, the rules and regulations of federal administrative agencies.
C)Is an official codification of the rules and regulations of federal administrative agencies.
D)None of the above.
A)Is an unofficial and annotated compilation of the rules and regulations of all federal administrative agencies.
B)Publishes, in chronological order, the rules and regulations of federal administrative agencies.
C)Is an official codification of the rules and regulations of federal administrative agencies.
D)None of the above.
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58
The two most prominent legal encyclopedias are _________________________________.
A)Corpus Juries, Second and American Law Reports.
B)American Law Reports and American Jurisprudence, Second Series.
C)American Jurisprudence, Second Series, and Corpus Juris Secundum.
D)Corpus Juris Secundum and American Law Reports.
A)Corpus Juries, Second and American Law Reports.
B)American Law Reports and American Jurisprudence, Second Series.
C)American Jurisprudence, Second Series, and Corpus Juris Secundum.
D)Corpus Juris Secundum and American Law Reports.
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59
The Emergency Nurses Association publishes a newsletter, and in one issue, the newsletter includes an article on an increase in death resulting from motorcycle accidents and advocating a helmet law. A copy of the newsletter is also posted on the Association's website. Your employer wants to cite the article. Can the citation include a parallel citation to the copy posted on the Association's website?
A)No, because the newsletter is available in printed format.
B)No, because the website posting may not be permanent.
C)Yes, because the parallel citation will substantially improve access.
D)Yes, because "available at" can always be used to introduce an Internet source.
A)No, because the newsletter is available in printed format.
B)No, because the website posting may not be permanent.
C)Yes, because the parallel citation will substantially improve access.
D)Yes, because "available at" can always be used to introduce an Internet source.
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60
American Law Reports is a(n) _________________________________.
A)Annotated legal reporter that publishes selected state-court cases.
B)Legal encyclopedia.
C)System of reporters covering all federal courts.
D)A weekly publication covering Congress, proposed legislation, and the federal courts.
A)Annotated legal reporter that publishes selected state-court cases.
B)Legal encyclopedia.
C)System of reporters covering all federal courts.
D)A weekly publication covering Congress, proposed legislation, and the federal courts.
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61
Annotations in American Law Reports can be found using the _________________________________.
A)A.L.R. Index to Topics.
B)A.L.R. Topic Guide.
C)A.L.R. Digest.
D)A.L.R. Quick Index.
A)A.L.R. Index to Topics.
B)A.L.R. Topic Guide.
C)A.L.R. Digest.
D)A.L.R. Quick Index.
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62
The American Law Reports series that covers federal cases is called _________________________________.
A)A.L.R. Federal Supplement.
B)A.L.R. Federal.
C)A.L.R. Federal Reporter.
D)A.L.R. Supreme Court Edition.
A)A.L.R. Federal Supplement.
B)A.L.R. Federal.
C)A.L.R. Federal Reporter.
D)A.L.R. Supreme Court Edition.
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63
The Restatements of Law are _________________________________.
A)Produced by the American Law Institute and provide state-by-state comparisons of the common law.
B)Produced by state-court judges to help provide consistent and uniform state-court decisions.
C)Produced by the American Law Institute and provide systematically organized sets of rules in major areas of law.
D)None of the above.
A)Produced by the American Law Institute and provide state-by-state comparisons of the common law.
B)Produced by state-court judges to help provide consistent and uniform state-court decisions.
C)Produced by the American Law Institute and provide systematically organized sets of rules in major areas of law.
D)None of the above.
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64
Under The Bluebook, an Internet citation provides the Internet address (the "Uniform Resource Locator" or "URL"). The URL may be used exactly as it appears in the web browser's address bar ______________________________________________________.
A)In all instances.
B)If the URL is straightforward and relatively short.
C)If the source cited is essential to the proposition stated in the text.
D)If the URL is less than 150 characters in length.
A)In all instances.
B)If the URL is straightforward and relatively short.
C)If the source cited is essential to the proposition stated in the text.
D)If the URL is less than 150 characters in length.
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65
One of the most well-known legal dictionaries is _________________________________.
A)Ballanlock's Law Dictionary.
B)Black's Law Dictionary.
C)The United States Law Dictionary.
D)Blalock Law Dictionary.
A)Ballanlock's Law Dictionary.
B)Black's Law Dictionary.
C)The United States Law Dictionary.
D)Blalock Law Dictionary.
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66
A treatise is _________________________________.
A)A term used to refer to a single-volume text on an area of law.
B)A type of treaty.
C)A term used to refer to multi-volume research tools, such as American Jurisprudence, Second Series.
D)A term used to refer to specialized loose-leaf services.
A)A term used to refer to a single-volume text on an area of law.
B)A type of treaty.
C)A term used to refer to multi-volume research tools, such as American Jurisprudence, Second Series.
D)A term used to refer to specialized loose-leaf services.
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67
Law reviews and legal journals are _________________________________.
A)A source of concise summaries of a law or statute.
B)Similar to restatements, but limited to narrow subtopics within an area of law.
C)A source of articles, usually written by law professors, that can provide persuasive authority.
D)None of the above.
A)A source of concise summaries of a law or statute.
B)Similar to restatements, but limited to narrow subtopics within an area of law.
C)A source of articles, usually written by law professors, that can provide persuasive authority.
D)None of the above.
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68
Performing legal research requires _________________________________.
A)Technical skills in finding and citing the law and substantive skills in briefing cases and summarizing legal authorities.
B)Technical skills in finding and citing the law.
C)Substantive skills in briefing cases and summarizing legal authorities.
D)Skill at finding the law only.
A)Technical skills in finding and citing the law and substantive skills in briefing cases and summarizing legal authorities.
B)Technical skills in finding and citing the law.
C)Substantive skills in briefing cases and summarizing legal authorities.
D)Skill at finding the law only.
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69
Which of the following uses a correct citation format for Title 26, Section 501(c)(3) with an explanatory parenthetical phrase?
A)26 U.S.C. § 501(c)(3) (Internal Revenue Act of 1986).
B)26 U.S.C. § 501(c)(3) (authorizing tax-exemption for non-profit organizations).
C)26 U.S.C. § 501(c)(3) (2011) (Internal Revenue Code).
D)26 U.S.C. § 501(c)(3) (2011) (authorizing tax-exemption for non-profit organizations).
A)26 U.S.C. § 501(c)(3) (Internal Revenue Act of 1986).
B)26 U.S.C. § 501(c)(3) (authorizing tax-exemption for non-profit organizations).
C)26 U.S.C. § 501(c)(3) (2011) (Internal Revenue Code).
D)26 U.S.C. § 501(c)(3) (2011) (authorizing tax-exemption for non-profit organizations).
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70
For purposes of understanding case law, a majority opinion is an _______________________.
A)Opinion issued by a majority of state supreme courts.
B)Opinion supported by more than one-half of the jurors hearing an appellate case.
C)Opinion supported by more than one-half of all judges on a court of appeals.
D)Opinion issued by more than one-half of the judges hearing an appeal.
A)Opinion issued by a majority of state supreme courts.
B)Opinion supported by more than one-half of the jurors hearing an appellate case.
C)Opinion supported by more than one-half of all judges on a court of appeals.
D)Opinion issued by more than one-half of the judges hearing an appeal.
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71
Two essential steps at the beginning of any legal research project are ________________________ and ____________________.
A)Identifying the ideal outcome of the client's case; identifying the facts of the client's case.
B)Identifying the facts of the client's case; identifying the appropriate research tools.
C)Identifying the facts of the client's case; identifying the legal issues of the client's case.
D)Identifying the legal issues of the client's case; identifying the appropriate research tools.
A)Identifying the ideal outcome of the client's case; identifying the facts of the client's case.
B)Identifying the facts of the client's case; identifying the appropriate research tools.
C)Identifying the facts of the client's case; identifying the legal issues of the client's case.
D)Identifying the legal issues of the client's case; identifying the appropriate research tools.
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72
Two basic approaches to finding the law are ________________________ and ____________________.
A)The topic method; the case method.
B)The topic method; the digest system method.
C)The digest system method; the case method.
D)The case method; the analytical method.
A)The topic method; the case method.
B)The topic method; the digest system method.
C)The digest system method; the case method.
D)The case method; the analytical method.
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73
Under The Bluebook, the word "Company" when used in a case name is abbreviated as ________________.
A)No abbreviation is used.
B)Corp.
C)Comp.
D)Co.
A)No abbreviation is used.
B)Corp.
C)Comp.
D)Co.
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74
A headnote is a(n) ____________________.
A)A brief summary of a judicial opinion that is printed before the opinion in a case reporter.
B)A brief summary of a point of law as discussed in a judicial opinion and printed before the opinion in a case reporter.
C)A brief quote from a judicial opinion that discusses a point of law that is printed before the judicial opinion in a case reporter.
D)A note, similar to a footnote, that is printed at the top of a page.
A)A brief summary of a judicial opinion that is printed before the opinion in a case reporter.
B)A brief summary of a point of law as discussed in a judicial opinion and printed before the opinion in a case reporter.
C)A brief quote from a judicial opinion that discusses a point of law that is printed before the judicial opinion in a case reporter.
D)A note, similar to a footnote, that is printed at the top of a page.
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75
Headnotes are organized by topic in ____________________.
A)Law reports.
B)Encyclopedias.
C)Digests.
D)Legal periodicals.
A)Law reports.
B)Encyclopedias.
C)Digests.
D)Legal periodicals.
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76
Digests are ____________________.
A)Compilations of the headnotes prepared for judicial opinions that are organized under an outline by topic and subtopic.
B)Reference works containing short summaries of judicial opinions organized by the federal and state jurisdictions.
C)Reference works containing short summaries of articles published in law reviews and bar journals.
D)Compilations of the headnotes prepared for judicial opinions that are organized by the date of the judicial opinion.
A)Compilations of the headnotes prepared for judicial opinions that are organized under an outline by topic and subtopic.
B)Reference works containing short summaries of judicial opinions organized by the federal and state jurisdictions.
C)Reference works containing short summaries of articles published in law reviews and bar journals.
D)Compilations of the headnotes prepared for judicial opinions that are organized by the date of the judicial opinion.
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77
Legal publishers create digests for ____________________.
A)Every case decided at the trial level.
B)Each major topic in the law, such as torts, contracts, etc.
C)Each federal and state jurisdiction.
D)Every case law reporter series.
A)Every case decided at the trial level.
B)Each major topic in the law, such as torts, contracts, etc.
C)Each federal and state jurisdiction.
D)Every case law reporter series.
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78
Under The Bluebook, a parallel citation to an Internet source may be used ______________________________________________________.
A)If the source is available on the Internet.
B)If the source is only available on the Internet.
C)If the Internet source has been made a permanent part of the source's website.
D)If the Internet citation will substantially improve access to the source.
A)If the source is available on the Internet.
B)If the source is only available on the Internet.
C)If the Internet source has been made a permanent part of the source's website.
D)If the Internet citation will substantially improve access to the source.
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79
As an additional research tool, most digests include a(n) ___________________ and a(n) ____________________.
A)Descriptive word index; words and phrases section.
B)Table of cases; descriptive word index.
C)Table of cases; index of judges and justices.
D)Words and phrases section; index of judges and justices.
A)Descriptive word index; words and phrases section.
B)Table of cases; descriptive word index.
C)Table of cases; index of judges and justices.
D)Words and phrases section; index of judges and justices.
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80
Under The Bluebook, a direct citation to an Internet source may be used ____________________________________________.
A)If the source is available on the Internet.
B)If the source does not exist in printed format or on a commercial database.
C)If the source is available in a printed format, but prohibitively expensive to own.
D)If the source is a reliable secondary source that is available online without charge.
A)If the source is available on the Internet.
B)If the source does not exist in printed format or on a commercial database.
C)If the source is available in a printed format, but prohibitively expensive to own.
D)If the source is a reliable secondary source that is available online without charge.
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