Learning Legal Research.docx

Learning Legal Research Chapter 1: Introduction to Legal Research Chapter Outline The Structure and Form of Law in the American Experience Statutory Law Administrative Law Common Law Constitutions State and Federal Court Structure Preliminary Insights into the Process of Legal Research Chapter Objectives As a result of studying this chapter, the student will: Understand the dual nature of legal system in the United States. Be able to identify the three branches that exist in state and federal government: the executive, the legislative and the judiciary. Recognize that the state and federal constitutions govern and regulate the powers and activities of the government. Discuss the differences in executive and independent administrative agencies. Grasp the fact that an understanding of our government structure is necessary to effective legal research. Discuss where statutory law originates, how a law becomes a law, and the various ways in which statutes are categorized and organized. Understand who creates administrative law, the process that is followed to create an administrative rule or regulation, and how it is categorized and recorded. Where common law originates and how it is memorialized. Understand the jurisdiction of constitutional law on various state governments and the federal government. Be able to discuss the court structure within the state and federal governments. Discuss the differences in a trial court, appellate court, intermediate appellate court and final appellate court. Key Words and Concepts Administrative Agencies – Agencies within a state or federal government, either executive or independent in design, which are responsible for creating rules and regulations for the administration, oversight and regulation of a specific activity or area of public interest within their jurisdiction. Administrative Law – Rules and regulations created by an administrative agency. Appellate Court – A court that has jurisdiction to review questions of law as applied to a determination of the same case made by trial court. Common Law – A system of law that is based on precedent rather than statutory law. Also called Case Law. Constitution – The law creating a governmental system that contains the original and fundamental principles inherent in that system. Executive Branch of Government– The offices and officials of the state or federal government that include the president or governor and the cabinet that is responsible for the enforcement of laws. Judiciary– The state or federal courts and their presiding judges throughout the nation that interprets and administers the law. Legislature– The offices and officials of the state or federal government that include the congressmen and women elected by the citizens throughout a specific jurisdiction that has the power to prepare and enact laws. Precedent – A previously decided case that is recognized as authority for the disposition of future cases. Statute – An act of the legislature, passed into law following a certain procedure that prescribes conduct, defines crimes, creates other governmental organizations, deals with public monies and promotes the public good and welfare. Supreme Court – The highest appellate court in most jurisdictions. In the state system, unless the case involves a federal question reviewable in a federal court, that decision must be followed. Trial Court – Court of original jurisdiction, where matters are first litigated and all evidence is presented relevant to the case at hand, where questions of fact and questions of law are both considered. Chapter Summary Legal research concerns the laws of the United States and the processes these laws regulate. In order to perform effective legal research, it is necessary to understand the structure of our government, the various types or categories of laws that exist, the ways in which these law are created and how they are categorized or organized. The American legal system is dual in nature: a national system of law co-exists with state systems. Each system has three branches of government: the executive, the legislature, and the judiciary. The executive branch is indirectly responsible for creating administrative law through its executive administrative agencies, the legislature creates statutory law by passing bills, and the judiciary creates common or case law by deciding matters in court. Independent administrative agencies, sometimes called the fourth branch of government, also create administrative law. The activities and powers of all governments, either state or federal in nature, are governed by the constitution of that jurisdiction. Unlike statutes, administrative law and common law, constitutional law changes slowly. State law is applicable only the specific state that law refers to, while federal law applies to the federal and state governments. For this reason, the United States Constitution is often referred to as the “supreme law of the land.” The state and national court structure in the United States follows either a three- or four-tiered system. The system includes a trial court, and appellate court and a final appellate court (or court of last resort). Some state governments insert an intermediate appellate court into the structure between the appellate court and court of last resort. There are also “special courts” that exist in the state system such as small claims courts and municipal courts. These courts hear cases regarding local ordinances and have jurisdiction in only one county or township. There are also courts that cover a larger jurisdictional area but have more limited subject matter such as family and domestic courts, probate courts and drug courts. Transparency Masters Codes Registers Reporters Digests Case law Common law Judiciary Administrative Law Administrative Agencies Statutes Codes Session Laws Legislature ©2005 Education, Inc. Prentice Hall Upper Saddle River, NJ 07458 LEARNING LEGAL RESEARCH A How-to Manual Nemeth and Haywood LEARNING LEGAL RESEARCH A How-to Manual Nemeth and Haywood ©2005 Education, Inc. Prentice Hall Upper Saddle River, NJ 07458 Trial Court Appellate Court Final Appellate Court Normal Structure Your State’s Court Structure LEARNING LEGAL RESEARCH A How-to Manual Nemeth and Haywood ©2005 Education, Inc. Prentice Hall Upper Saddle River, NJ 07458 Trial Court Appellate Court Final Appellate Court Intermediate Appellate Court Alternate Court Structure Your State’s Court Structure Chapter 2: Analysis and Research Methods: The Most Important Tasks Chapter Outline Methods of Legal Analysis when Considering a Research Question TAPP West Publishing Company Method The Cartwheel: Using the Index and Table of Contents of Law Books Legal Research Methods Known Authority Approach Known Topic Approach Key Word Approach Important Advice for the Novice Researcher Realize the Importance of Precedent Frustration and Legal Research – A Natural State of Affairs Type of Law Equates with Types of Research Know the Legal Subject Generally and the Particulars Come Easy Focus on the Legal Problem Collect Cases, Statutes and Other Primary Support Let the Law Speak for Itself Choose and Confirm Jurisdiction Types of Authority Summary Chapter Objectives As a result of studying this chapter, the student will be able: to understand the difference between legal research and legal analysis. to formulate a valid legal research question. to identify the various methods of legal analysis and be able to utilize the method that compliments their problem. to discuss and differentiate between the three basic legal research methods: Known authority approach, known topic approach and key word approach. to identify the correct legal research method to utilize for the problem at hand. to recognize that different scenarios involve different methods of analysis and research. to combine a method of legal analysis and a method of legal research to resolve a legal research question. Key Words and Concepts Legal Analysis – The act of reviewing a set of facts and circumstances and developing a researchable question to be answered that resolves the problem at hand. Legal Problem – The researchable question that is developed as the result of legal analysis. Legal Research – The act of obtaining cases, statutes and other supporting materials to answer or resolve a legal problem. Mandatory Authority – Legal authority by which a court must abide that and is binding in all situations within that authority’s jurisdiction. Persuasive Authority – Authority the court may follow if it is persuaded to do so. Primary Authority – The law as it applies to the case at hand; legally binding directives from governmental bodies. Secondary Authority – Commentary, descriptions or analysis of the law. Chapter Summary Chapter Two discusses the various methods of legal analysis and legal research. Although seen by some as nothing more than semantics, the two processes have different methods, different tools and yield different results. Legal analysis concerns taking a set of facts or a situation and developing a researchable legal question that resolves the issue(s) at hand. Legal research is the act of finding supporting authority to assist in the resolution of the legal issues or problems. Three methods of legal analysis are presented in the text: Lawyer’s Cooperative’s TAPP system, the West Publishing Company method and the cartwheel. (Note: Many other methods exist and should be introduced to the student if the instructor feels it would be beneficial. These are the methods used by the authors and are therefore discussed.) Multiple methods of analysis can be used with a given situation, and in some circumstances one method may be favorable over another. After the legal research question is formed, one of the methods of legal research is utilized to uncover authority to help solve the dilemma at hand. The three methods discussed here are the known topic, known authority and key word approaches. These three methods can be used independently or combined in any number of ways to help uncover the needed authority. At the end of the chapter, suggestions are provided for the novice researcher (as well as reminders to those who have been undertaking research questions for some time) to help ease the confusion that legal research can produce. Transparency Masters ©2005 Education, Inc. Prentice Hall Upper Saddle River, NJ 07458 LEARNING LEGAL RESEARCH A How-to Manual Nemeth and Haywood ©2005 Education, Inc. Prentice Hall Upper Saddle River, NJ 07458 LEARNING LEGAL RESEARCH A How-to Manual Nemeth and Haywood Chapter 3: Citation Method Chapter Outline Basic Citation Form: Cases State Court Decisions U.S. Court Decisions U.S. District Courts U.S. Courts of Appeals U.S. Supreme Court Decisions Statutory Compilations Constitutions: Provisions Federal Statutes State Statutes Law Reviews/Periodicals Consecutively Paginated Journals Non-Consecutively Paginated Journals Books Specials Citation Formats Encyclopedias and Treatises Dictionaries Internet Sources Chapter Objectives As a result of studying this chapter, the student will be able to: Understand the necessity of using citations Identify and use the proper citation format for state and federal court decisions and statutes Differentiate between consecutively and non-consecutively paginated journals and use the proper corresponding citation format Prepare citations for books, encyclopedias, treatises and dictionaries using the proper citation format Interpret citations that follow the Harvard Bluebook format. Key Words and Concepts Consecutively paginated journals – journals that do not number pages in each issue within a volume series separately (i.e., vol. 1 issue 1 starts with page 1, vol. 1 issue 2 starts with page 138). These types of journals are normally issued two to four times per year. Non-consecutively paginated journals – journals that number pages in each issue within a volume series separately. These types of journals are normally issued monthly or bi-monthly. Chapter Summary Understanding the basics of legal citation method, as set forth in The Bluebook: A Uniform System of Citation, by the Harvard Law Review Association, is the subject matter of Chapter Three. Only the basics are covered in this chapter; the exploration and introduction of additional citation methods, as well as instructions for citations in briefs and memoranda, are left up to the instructor. Initially, a brief explanation of case citation methods of regional reporters is offered. Because of the differences in many state reporter systems, in-depth explanation of individual state is excluded. Next, United States courts are explored, including district courts, courts of appeals, and the Supreme Court. A listing of the most popular abbreviations is also included in the chapter. In Section Two the discussion turns to statutory compilations. As in the first section, abbreviated coverage of state formats is given, with a listing of state statutory abbreviations and formats. Federal statutes and constitutions are also discussed. Law reviews, books, encyclopedias and various other resources are covered throughout the rest of the chapter. Transparency Masters State Court Decisions Volume 1st page, year of number cited page decision 44196006350043624501968500 35814006350035242501968500266700021717000026098509588500 398145014922500299085073025001786255-9398000 People v. Armour, 590 N.W.2d 61, 65 (Mich. 1999). 403860016065500304800016065500182880016065500 Parties reporter series state of decision U.S. District Courts Volume 1st page year of 457200018478500266700018478500 number of decision decision 4514850-19050026479503619500358140063500352425019685002667000217170000 3981450149225001786255-9398000Charlesworth v. Mack, 727 F.Supp. 1407 (D.Mass. 1990). 3124200139065003067050-14668500403860016065500182880016065500 Parties reporter series district of decision U.S. Court of Appeals Volume 1st page of year of 297180016319500365760016319500457200016319500 number decision decision 295275014605003600450-23495004514850-23495002667000217170000 398145014922500 Kubrick v. United States, 581 F.2d 1092 (3d Cir. 1978). 1962150-511175002057400117475003276600117475003257550-5397500403860016065500 Parties reporter circuit of series decision U.S. Supreme Court United States Supreme Court United States Reports Reports –Lawyers Edition 2133600501650040386005016500 3943350-387985002108835-21082000 470535053975001252855-15113000Slimy v. U.S., 825 U.S. 4, 19 S.Ct. 1099, 29 L.Ed.2d. 306 (1984). 472440095885002952750-3117850030480001644650012954009588500 Parties Supreme Court Reporter Year of decision Federal Statutes Code year 3486150-49530002495550-49530003505200457200025908004572000 3048000297815002209800297815002133600107315002990850120650021 U.S.C. § 841 (1970). Title section -152400224155LEARNING LEGAL RESEARCH A How-to Manual Nemeth and Haywood 00LEARNING LEGAL RESEARCH A How-to Manual Nemeth and Haywood 4419600224155©2005 Education, Inc. Prentice Hall Upper Saddle River, NJ 07458 00©2005 Education, Inc. Prentice Hall Upper Saddle River, NJ 07458 281940079565500 Journals Consecutively paginated Title of article journal abbreviation year 6648450-10795005575935-81280003597910-111823500 619125092075005124450244475001657350-17462500John Gibeaut, Getting Touch on Substance Abusers, 83 A.B.A. J. 62, 65 (1997). Author volume 1st page, cited page Non-consecutively paginated Title of article date of publication 3486150-668655005918835-28194000 691515078105004895850-112395001695450-41719500Robert J. Samuelson, A Slow Fix for the Banks, Newsweek, Feb. 18, 1991, at 55, 56. Author journal abbreviation 1st page, cited page Books Title page number 535305022225004057650-43497500 John C. Klotter, Criminal Law, 6th ed. 230 (2001). 5772150-198120004895850-160020002724150-54102000 228600951865LEARNING LEGAL RESEARCH A How-to Manual Nemeth and Haywood 00LEARNING LEGAL RESEARCH A How-to Manual Nemeth and Haywood 6324600951865©2005 Education, Inc. Prentice Hall Upper Saddle River, NJ 07458 00©2005 Education, Inc. Prentice Hall Upper Saddle River, NJ 07458 3962400106616500 Author edition year Chapter 4: The Index: Legal Research’s Most Powerful Tool in Legal Research Chapter Outline Major Types of Indexes Subject/General Index Topical Index Descriptive Index Words and Phrases Index Plaintiff/Defendant/Case Tables Other Related Indexes Chapter Objectives As a result of studying this chapter, the student will be able to: Effectively utilize various indexes to aid in legal research. Define issues into concrete topics that can be researched using an index. Understand the organization of the various types of indexes. Discuss the advantages of using a words and phrases or descriptive word index. Chapter Summary Chapter Four discusses one the most effective and efficient research tools that can be used by the researcher: the index. Most people have used an index, but the index to a series of law books is a different animal. Descriptive words, case tables and alphabetical topics, along with confusing section number and abbreviated volume titles, can utterly confuse the novice researcher. Familiarity with the index itself, as well as the many aids that exist inside it, will help the researcher complete the task. Subject and general indexes, possibly the most utilized types of indexes as well as the easiest to understand, are the beginning subject matter of this chapter. Next topical indexes are discussed, followed by descriptive indexes. Words and phrases coverage and plaintiff, defendant and case tables conclude the chapter. Chapter 5: The Digest: A Remarkable Finding Tool Chapter Outline The Nature of a Digest Organization of the Digest Using a Digest Case Name Descriptive Word Index Topical Outline Chapter Objectives As a result of studying this chapter, the student will: Be able to read a digest summary. Understand how a digest is organized. Be able to differentiate between the various digest series. Have a working knowledge of the West Key Number System®. Know how to perform research with a digest using the case name, descriptive word index and topical outline methods. Chapter Summary The introduction of the digest system is the subject matter of Chapter Five. The first topic of discussion is the organization of the case summary found in all digest volumes, followed by an explanation of the sometimes archaic entries in the digest’s various indexes. Secondly, an overview of the various digest systems in existence is given, on both the state and federal levels. A listing of the numbers associated with the West Key Number System® is given for ease of reference, along with an organization table of all West Publishing Company digests. Three methods of using the digests are discussed next. Using the tables of cases to locate a known case, how to use the descriptive index and its organization, and the usefulness of the topical outlines are all mentioned. Finally, examples of digest research using given fact patterns are presented to assist the student in understanding the usefulness of this type of resource. Chapter 6: Computer-Assisted Legal Research (CALR) Chapter Outline Terminology of the Search Engines Legal Databases for the General Public Findlaw.com Cornell Law School’s Legal Information Institute The Internet Law Library LexisNexis Total Research System A Brief Overview Fact Pattern #1 Example Westlaw Chapter Objectives As a result of studying this chapter, the student will: Be able to understand the differences between a Boolean search and a concept search and be able to use both techniques effectively. Understand the use of wildcard searches, expanders and limiters and be able to utilize them effectively. Demonstrate a working knowledge of the various databases in existence on the Internet that are for use by the general public. Show effectiveness in finding legal materials available on the Internet to the general public. Be familiar with the organization and use of the LexisNexis Total Research System. Be able to perform a guided search on the LexisNexis System and return applicable research results using the systems various databases. Demonstrate a familiarity with Westlaw and be able to explain the Keysearch feature as well as the various searches the service offers. Key Words and Concepts Boolean search – A search consisting of keywords and connectors such as “and,” “not” and “or” to help limit results. Concept search – A search where key terms that relate a concrete idea are used so the search can return conceptualized results. Connectors – Words, numbers or abbreviations used in a search to make searches more efficient and yield more pertinent results. The use of connectors can vary among different search engines. Expander – Abbreviations or words used in conjunction with a multiple word search that allows certain limits to be set on the appearance of the search terms within the documents. Expanders may vary between the different search engines. Guided search – A search form that allows specific pre-set selections to be made and applied to the search results. Limiter – Normally a number, depending on the search engine used, that is applied to a search that sets a limit on the frequency or appearance of search terms in relation to each other. Natural language search - A search engine feature that allows the user to search using plain English. Pattern search – A search engine feature which yields results with word patterns similar to the search terms. Search engine – The program that performs the search function. Terms and connectors search – Another name for a Boolean search that uses keywords, expanders and limiters. Wildcard search – Using a root word followed by a symbol to return broader search results. The symbol used can vary among search engines, but is generally an asterisk or an exclamation point. Chapter Summary Chapter Six introduces the student into the basics of computer assisted legal research. Due to the many engines, services and methods in use across the country today, only a brief introduction is given, and a few of the more popular services discussed. The chapter opens with a brief discussion of the various terms used in computerized research. Boolean searches, pattern searches, limiters and expanders are all mentioned, along with short examples of such a search. Because of different programming among the numerous search engines in use today, please emphasize to the student the necessity of being familiar with each engine’s various operational terms. Next, several online legal research sources freely available to the general public via the Internet are discussed. Findlaw.com with its abundance of state and federal resources, international and practitioner information is presented. An overview of various search screens is also given. Cornell Law School’s Legal Information Institute is introduced next, followed by Pritchard Law Web’s Internet Law Library. Screen captures of various web pages from the three sites are included to assist the student in this often confusing task. LexisNexis’ Total Research System is discussed in the next section. The section begins with a brief overview of the systems content. Screen shots of guided search forms from various categories are included to assist in the student’s understanding of the process. A step-by-step analysis of a legal research task using Fact Patter #1 from the book is given. Screen shots of search screens and results, along with commentary, are given. The chapter concludes with an overview of the many features available on the Westlaw system. Keysearch and its many features exclusive to Westlaw are first discussed. Other topics included in the section are searchable databases, natural language searches, navigating search results, terms and connectors and KeyCite. Chapter 7: Law Books, Texts, Services, and Periodicals Chapter Outline Law Textbooks Hornbooks (Treatises) Restatements of Law Loose-leaf Services Continuing Education materials Legal Periodicals Law Reviews Commercial Journal Publications Bar Association Periodicals Professional Association Periodicals Legal Newspapers How to Find Periodical Articles Formbooks and Practice Materials Chapter Objectives As a result of studying this chapter, the student will: Understand the usefulness of textbooks and casebooks for gaining background information regarding a certain type of law. Be able to identify various treatises that are available for use and explain the advantages of treatises in certain situations. Be familiar with the Restatements of Law series and be able to utilize it effectively. Identify the advantages of loose-leaf services when considering the timeliness of legal information and be able to research loose-leaf services effectively. Discuss the usefulness of continuing education materials relative to practical applications and procedural issues. Be able to recognize the importance of legal periodicals in the arena of legal research, and understand the process of finding periodical materials. Be able to recognize the utility of the various formbooks and practice materials in existence today, locate an applicable reference, and use its contents effectively. Chapter Summary This chapter zeros in on background and practice materials that the novice researcher sometimes overlooks and misunderstands. Introduction to the world of casebooks, treatises and restatements is given, with an explanation regarding their usefulness when trying to understand the field of law at issue. Next, loose-leaf services and continuing education materials are discussed, with advise on the necessity of current legal information and practice pointers. Legal periodicals, their types and indexes are the subject matter of the next section. The chapter concludes with a discussion of formbooks and practice materials. Chapter 8: Legal Encyclopedias and Dictionaries Chapter Outline Legal Encyclopedias Organization of an Encyclopedia Using Encyclopedias Legal Dictionaries Chapter Objectives As a result of studying this chapter, the student will: Understand that legal encyclopedias are discussions of legal topics and broad concepts that present an overview of legal ideas and principles. Be able to identify the features common to all legal encyclopedias. Know how to find relevant information in a legal encyclopedia and correctly utilize that information. Understand the importance of having a good legal dictionary and be able to discuss the various information contained in each entry. Chapter Summary Legal encyclopedias and dictionaries are the subject matter of Chapter Eight. First the reader is introduced to the two of the most commonly used encyclopedias in the legal marketplace: Corpus Juris Secundum and American Jurisprudence. The similarities and the differences between the two resources are explained. It is also stressed that these are not primary sources of law, but secondary sources used only to discuss and explain the law. Next, the various ways to find information in an encyclopedia series are discussed. Two examples using Fact Patterns #1 and #2 are included. Legal dictionaries are next mentioned. Although organized much like any other dictionary, legal dictionaries include references to pertinent statutes, court cases and treatises where these references aid in the definition of complex terminology. Sample pages from two dictionaries are included. Chapter 9: The American Law Reports Series (A.L.R.) Chapter Outline What is the A.L.R.? Organization of the A.L.R. System Using the A.L.R. Chapter Objectives As a result of studying this chapter, the student will: Understand the advantages to using the American Law Reports Series when considering cases that are legally significant in daily practice. Be able to identify the various American Law Reports Series and the jurisdiction of cases that are contained in each Series. Know how to access relevant information using the various indexes and the table of cases available in the A.L.R. Series. Chapter Summary The American Law Reports (A.L.R.) Series is the subject matter discussed in Chapter 9. After a brief introduction, a rough outline of the path to publication in an A.L.R. volume is explained, along with a listing of the various resources that are included for each case. It is necessary for the researcher to have a well-defined legal issue before searching for information in the A.L.R. Series. Only cases of high legal significance and interest are included in A.L.R. analysis. The mundane and easily resolved do not normally require this type of in-depth analysis and explanation. Section Three explains the process of locating information in the A.L.R. Series. First, locate the Quick Index for the appropriate series. Second, look up the keyword or topic in the index and locate relevant articles. Last, find the articles in the appropriate volume. A walk through of the process, complete with reproductions of the corresponding pages in the A.L.R. Series, is provided using Fact Pattern #1. Chapter 10: Case Law Analysis Chapter Outline The Reporter System State Reporting Systems National/Regional Reporters Supreme Court Federal Courts Other National Reporter Programs How to Analyze Case Decisions Finding Case Law Chapter Objectives As a result of studying this chapter, the student will: Understand the structure of the various reporter systems in existence. Be able to explain the types of information contained in headnotes and how the correspond with Digest systems. Be able to identify the various National Reporter Systems and identify the correct reporter for a given state. Be able to correctly identify the three United States Supreme Court reporters and differentiate between the official reporter and the two annotated reporters. Be able to find and identify the U.S. District Courts and U.S. Courts of Appeals reporters. Understand that specialized federal courts have specialized reporters and be able to locate and utilize them when necessary. Be able to effectively analyze case decisions and identify the main legal issues within a given case. Be able to find a case at any level given the correct citation. Chapter Summary Chapter Ten introduces case law analysis and the reporter systems. First, the student is re-introduced to the structure of case citation because without a complete understanding of the citation, the case cannot be located. The various parts of a case decision, as printed in a annotated reporter, are next explained. An page from the Pacific Reporter is shown at Figure 10.1 that marks the location of parallel citations, case titles, the court and district, the case synopsis and various headnotes. A short discussion is included regarding state reporting systems because they are organized the same as regional and federal reporters. Advance sheets, which keep the reporter systems current are mentioned. Next the National and Regional Reporters are introduced. Organized just like any other reporter, they provide state court decisions for several jurisdictions in one bound series. Figure 10.2 details the various reporter systems by state. An explanation of the various Supreme Court, Court of Appeals, District Court and Special Court reporters ends Section One. Section Two gives some pointers when analyzing case decisions, a daunting task for the novice research. In some cases, the methods employed in Chapter Two can be used to find information and issues when analyzing a written case. When reading the case, it is most important to identify the issues that are being discussed. Many of these can be found in the headnotes if using a annotated version of the case. After some practice, the student will be able to identify key words and phrases used by judges when introducing a legal issue or problem. “The question before the court. . .”, “point of law. . .”, etc. are some examples of wording used when introducing a legal issue in written format. It is also helpful to look for citations to statutes and constitutional amendments to help narrow the issue. Chapter 11: Statutes and Legislative Resources Chapter Outline Types of Statutory Law Federal Statutory Law State Statutes Rules of Conduct Constitutions Finding Statutes Existing Authority Keywords Known Topic Chapter Objectives As a result of studying this chapter, the student will: Be able to discuss the ways in which statutes are organized, either chronologically or by topic. Be able to track a given law from a bill to a slip law, a session law and finally a codified law. Understand the various advantages to using an annotated source when performing statutory research. Be able to effectively use the various indexes accompanying statutory compilations to find pertinent materials, either using a known authority, keywords or a topical approach. Chapter Summary Chapter Eleven explores statutes and other legislative resources. In the first section the various types or categories of statutory law are discussed. The student is initially introduced to the organization of federal statutory law because of its similarity to the other various formats used on the state level. The process of cataloguing laws, from slip to code, is briefly explained. This is followed by an introduction of the two annotated federal statutes, the United State Code Annotated and the United States Code Service. A discussion of the various assets that exist in an annotated code is next undertaken. The student is then introduced to other types of law such as state statutes, rules of court and constitutions. In Section Two the various methods of finding statutes are explained. Using the index the student can obtain statutory references by either keywords or known topic approaches. If a citation to a specific statute is already on hand, then only the law in question needs to be found. Two examples using Fact Patterns #1 and #2 are given using the keyword approach. Chapter 12: Government Regulations and Administrative Law Chapter Outline Organization of Administrative Law Finding Federal Administrative Law Chapter Objectives As a result of studying this chapter, the student will: Understand that administrative law follows the same organizational concepts as statutory law. Be able to explain how a rule or regulation progresses from proposal to actual rule and connect the process with the publication in which it appears. Understand that state agencies publish their rules and regulations less publicly than those published on the federal level. Know how to obtain state administrative law as needed. Be able to find state and federal administrative law using the known topic, authority or key word approaches, pertinent to their problem. Chapter Summary Chapter Twelve briefing outlines administrative law. Because the organization of this type of law is so similar to state and federal statutory law, the discussion is very brief, but a wealth of practical exercises are included at the end of the chapter. The chapter commences with an introduction of the two federal administrative law publications, the Code of Federal Regulations and the Federal Register. State agencies, on the other hand, publish their rules and regulations less regularly, although their individual publications are organized similarly. A phone call or visit to the applicable agency’s website will normally yield the needed documents. The process of locating federal administrative law is a mirror image of locating statutory law. The index is located, and entries are found using either key word or known topic approach. Next, the appropriate volume is consulted, and the needed rule or regulation consulted. Chapter 13: Updating the Law Chapter Outline Shepard’s System Steps in Shepardizing a Court Case Steps in Shepardizing a Statute Code Interpretation Extent of Shepard’s Coverage A.L.R. Blue Books Pocket Parts Chapter Objectives As a result of studying this chapter, the student will: Understand the necessity of updating the law with each research activity. Understand the usefulness of Shepard’s system when updating court cases and statutory references to court cases. Be able to effectively utilize Shepard’s system of citation. Be familiar with A.L.R. Blue Books and their use. Know how to update the law using pocket parts that are available in most legal resources. Chapter Summary Updating the law is the subject matter of Chapter Thirteen. In the first section, Shepard’s System is discussed in detail. Initially, the step-by-step process of updating a court case using Shepard’s is covered. Ample graphical examples are provided to assist in this sometimes confusing activity. A complete listing of case history and treatment abbreviations are included to assist in the discussion. Next, the process of Shepardizing a statute is discussed. Although the process is similar to Shepardizing a case, there are some differences in abbreviations. A complete listing of treatment and legislative impact abbreviations are given. A final note is included regarding the extent of statutory and case law coverage by the Shepard’s system. Updating the A.L.R., by means of the A.L.R. Blue Book continues the chapter’s coverage. If the case discussed in an A.L.R. article has been superceded, supplemented or other activity has taken place, the Blue Book entry will indicate that action. Pocket part updates are the last topic of the chapter. These are included in practically all legal resources and should be consulted routinely. Chapter 14: Government Materials, Publications, and Compilations Chapter Outline Government Agency Publications Department of Justice Bureau of Justice Statistics Bureau of Justice Assistance National Institute of Justice Office for Victims of Crime Office of Juvenile Justice and Delinquency Prevention Federal Bureau of Investigation National Criminal Justice Reference Service (NCJRS) NCJRS Sponsors NCJRS Services Abstracts Database Full-Text Publications Search Government Depository Libraries: An Overview Types of Libraries Designated Regional Depositories Government Publication Selection Procedures THOMAS: Legislative Information on the Internet State Uniform Crime Report Chapter Objectives As a result of studying this chapter, the student will: Be familiar with the wide variety of publications available from various departments with in the United States government. Be able to locate publications available from the United States government in print or via website locations. Have a working knowledge of the various services offered by the National Criminal Justice Reference Service. Understand the mission of government depository libraries, be able to locate his or her regional depository and obtain publications via the Internet or in print. Be able to demonstrate familiarity with the U.S. government’s THOMAS website and be able to access legislative information using its various search methods. Be able to discuss the usefulness of uniform crime reports and be able to access them at the state and federal level when needed. Chapter Summary Chapter Fourteen discusses the various governmental publications that are available to the citizenry in the United States. Although a much overlooked topic in legal research, the impact of governmental resources and studies is quite profound. The chapter begins with discussion of the various government agencies that independently publish research studies and other documents. Examples of government websites and types of publications offered are also included. Discussion then turns to the National Criminal Justice Reference Service (NCJRS), a clearinghouse for all types of government publications. Information on their sponsors and various services they offer, in additional to a pictorial discussion of searching their database, is included. Next, the chapter discusses the government depository libraries found across the United States and the U.S. Government Online Bookstore. A thorough explanation of searching the publication database is given. The Library of Congress’ World Wide Web System, THOMAS, is covered in the next section. Housing legislative information online beginning with the 93rd Congress, it is an easy-to-navigate-and-search clearinghouse of legislative information and the most popular site for finding current legislative information. Ample graphics are displayed on search screens on the web site and are explained. Finally, a short discussion of the usefulness of state crime reports is included to display the impact that fact gathering and dissemination at the state level can have on future policy decisions. Chapter 15: Writing Applications in the Law and Justice Field Chapter Outline General Writing Style Field Notes, Reports, Legal Descriptions, and Evidentiary Writings The Legal Memorandum Nature of the Memorandum Rules of Draftsmanship Sample Office Memorandum A Word on I.R.A.C. The Term Paper A Research Report A Formal Essay Chapter Objectives As a result of studying this chapter, the student will: Be able to conduct a proper inquiry by thoroughly examining facts and relevant information and taking complete and accurate notes. Be able to analyze and organize their research and inquiry findings in a competent manner. Be able to analyze and use field notes, reports, suspect descriptions, crime reports and other documents used by police agencies. Understand the structure of a legal memorandum and be able to construct a memorandum on any given subject matter. Adhere to the rules of draftsmanship when constructing a legal memorandum and be able to correct any deficiencies efficiently. Be familiar with the I.R.A.C. method of constructing legal memoranda and briefs and be able to apply this method to a given case. Understand the process of composing an acceptable research report by (1) using quantitative data, (2) identifying a hypothesis, a theory, the scientific method used in analysis, analyzing the data collected and concluding whether the hypothesis was proven true or false. Be able to compose a formal essay using qualitative data following the appropriate rules of construction. Key Words and Concepts Expository writing – writing that stresses facts explains concepts and is objectively analytical in nature. Hypothesis – an educated guess that can be proven true or false. I.R.A.C. method – a method of analysis used when preparing writing legal documents. The acronym stands for “Issue,” “Rule,” “Analysis,” and “Conclusion.” Legal memorandum – a written report that weighs and evaluates the state of law as it applies to the facts at hand. It identifies issues, poses questions and cites relevant authorities. Qualitative analysis – research that gives detailed descriptions and explanations of the phenomenon studied rather than providing and analyzing statistics Quantitative data –numerical, statistical and empirical evidence used to reach a conclusion. Scientific method – proving a theory through the testing of a hypothesis. Theory – a hypothesis that has been proven true through rigorous quantitative testing. Chapter Summary The final chapter covers various written exercises in the field of law and justice. The chapter begins with some practical exercises using samples of police agency field notes and various reports. It is extremely important to be able to analyze and organize these sometimes sketchy and disorganized items in any case they are used. Proper preparation of a criminal complaint, suspect descriptions, crime reports and confessions are also covered. The bulk of the chapter is devoted to writinglegal memoranda, a common task for any legal professional. A basic outline of the contents of a memorandum is explained and accompanied by an example. Common errors made in the drafting of legal memoranda are discussed, along with helpful pointers regarding the rules of citation and usage. An example of a comprehensive office memorandum is given. This is followed by a short section on the I.R.A.C. method of legal composition. The final section deal with term papers – specifically, research reports and formal essays. These items may not be applicable to all students, but they are included in the work to provide a well-rounded base of composition skills. The various sections in a both the report and essay are given, as well as a clarification of the difference in the documents. Research reports utilize data that is quantitative in nature, while the essay draws on qualitative data to reach a conclusion. A few citation examples are given to demonstrate the types of data that may be included in each paper. Test Bank Chapter One True-False Questions In the United States a national system of government co-exists alongside independent state governments. There are four branches of government in all state and federal government structures: the executive, the legislative, the judiciary and the administrative. Some political theorists have labeled the administrative agency and its corresponding rules as the fourth branch of government, even though it is not. The only administrative agencies in existence are executive administrative agencies. All officials in administrative agencies are elected to their posts. Some state level agencies are created by the state constitution, instead of being statutorily created, as are the federal agencies. Administrative agencies, regardless of executive control, have extraordinary powers to create rules and regulations that have the force of law. Administrative law comes about by the action of state and federal legislatures that pass a bill in the house, senate or other chamber. At the federal level, session laws are the chronological ordering of statutes, as well as organizing them by subject matter or topically. Local governments pass statutes called ordinances that regulate local concerns such as zoning, local speed limits and building permits. Many states do not publish administrative rules in bound volumes for the general public. The judiciary rules on cases brought to trial are called judicial law. The powers of the government, its organization and functions, are comprehensively outlined in a constitution. Most courts follow a three-tiered structure that includes a trial court, an appellate court and a court of last resort, or a Supreme Court. The level of appeals has escalated rapidly over the last three decades, and the workload of trial courts and upper division appellate courts has become critically burdensome. Multiple Choice Questions The three branches of our system of government are: executive, judicial and legislative. administrative, executive administrative and independent administrative. judicial, administrative and legislative. executive, administrative and legislative. Which of the following is an example of an independent federal administrative agency? Department of Labor Securities and Exchange Commission Department of Education Department of Justice State administrative agencies differ from federal in that: some officials are elected rather than appointed. some state level agencies are created by the state constitution, instead of being statutorily created. Both a and b Neither a nor b Which of the following is an activity of the executive branch of government? creates statutory and codified law decrees by orders, executive fiat and other specialized authority creates administrative law issues case and interpretations of common law Which of the following is not a resource in which one would find federal statutory law? Statutes at Large United States Code Session Laws None of the above Administrative rules and regulations appear in which of the following resources? Session Rules Code of Federal Regulations United States Rules None of the above Which of the following is not a function of a constitution? To outline the powers of the government, its organization, and functions. To regulate cases brought to trial, either criminal or civil in nature. To deal with ethereal concepts like “freedom,” “rights” and guarantees that effect the citizenry. To regulate and set forth uniform standards for government and citizens that are fundamental, universal, and unlikely to change dramatically over time. In a typical state or federal court structure, which of the following courts is not included? Appellate court Traffic court Trial court Supreme court At the federal level, the trial courts are called United States: Trial courts. Courts of common pleas. District courts. Intermediate courts. Which of the following are ways in which a case may be presented before the United States Supreme Court? Writ of Certiorari Appeal of Right Both a and b Neither a nor b Essay or Short Answer Questions Explain how a case would proceed through a three-level court structure. Why is it necessary to have a good working knowledge of our government structure? Explain the three types of law in our society and discuss where each resource is located. Differentiate between the chronological and topical organization of materials. Discuss the administrative agency in the United States government. Explain the differences between and similarities of the executive and administrative agency. Chapter Two True-False Questions Legal analysis is the art of extracting concrete legal topics and dilemmas out of given facts and ordering them in a hierarchy of importance. Legal research involves the way the researcher finds relevant information. The legal research process ends with factual analysis. There are many methods of legal analysis in use today, but none of them are effective. If any results are to be obtained, the researcher must pick the method of analysis that best fits the case at hand,. Always check for synonyms and contrary meanings, and be open to how words and terms can be simultaneously listed under various headings and indices. Research and analysis can never be combined in the same step; they always have to be conducted separately. The known authority approach to legal research exists but is never used. The known topic approach is most often used by experienced researchers, and it can provide cogent results at a faster pace. The keyword approach is always an effective method of legal research. Multiple Choice Legal analysis is: The way a researcher finds relevant information. Always and exclusively conducted before legal research. The art of extracting concrete legal topics and dilemmas out of given facts and ordering them in a hierarchy of importance. Ineffective and incomplete. Which of the following are steps involved in developing a research question? Determine research method Identify the issues Consult primary sources of law Answer the research question Before a researcher is able to answer a research question he or she must: Consult secondary and primary sources of law. Analyze the research results. Both a and b Neither a nor b Which of the following are effective methods of legal analysis? The cartwheel TAPP method West Publishing Company method All of the above The TAPP system, developed by Lawyers Cooperative Publishing, suggests which of the following steps when conducting legal research? Things involved, Acts involved, Persons involved, Places where the action took place Parties involved in the case, Places, objects and things involved, Basis of the case, or Issues involved Identify all the major words or ideas, Identify the narrower categories of these words, and Identify all closely related words. None of the above The TAPP system and the West method are similar because: They both consider the relief sought. They take into consideration any defenses that may be raised. They both have five categories to analyze. They consider persons, things and places. The cartwheel is an unusual method because: It completely overlooks legal research. It completely overlooks legal analysis. It blends legal research and legal analysis together. It has no bearing on legal research and legal analysis whatsoever. Which of the following is not a method of legal research? Keyword approach TAPP Known authority Known topic When using the known authority approach to find general information, one needs to have: A valid and applicable citation to an existing law or relevant court case. A citation to an A.L.R. article. A reference to a legal encyclopedia. All of the above. The keyword approach is most useful in which situation? When a concrete research question cannot be formed When the question is complex and covers several legal topics When the cartwheel method has been used All of the above Primary authority consists of: statutes, administrative rules, executive orders, case decisions and the law; they are legally binding directives coming from governmental bodies. commentary, descriptions of or analysis of the law. legal authority by which a court must abide and that is binding in all situations within that authority’s jurisdiction. authority that a court may follow if it is persuaded to do so. Secondary authority consists of: statutes, administrative rules, executive orders, case decisions and the law; they are legally binding directives coming from governmental bodies. commentary, descriptions of or analysis of the law. legal authority that a court must abide by and is binding in all situations within that authority’s jurisdiction. authority that a court may follow if it is persuaded to do so. Mandatory authority refers to: statutes, administrative rules, executive orders, case decisions and the law; they are legally binding directives coming from governmental bodies. commentary, descriptions of or analysis of the law. legal authority by which a court must abide and that is binding in all situations within that authorities’ jurisdiction. authority that a court may follow if it is persuaded to do so. Persuasive authority is authority that a court may follow if it is persuaded to do so. statutes, administrative rules, executive orders, case decisions and the law; they are legally binding directives coming from governmental bodies. commentary, descriptions of or analysis of the law. legal authority that a court must abide by and is binding in all situations within that authorities’ jurisdiction. Which of the following statements is true? Primary authority is either persuasive or mandatory. Secondary authority is never persuasive A law review article that explains a specific decision of the United States Supreme Court is considered primary authority A Texas Supreme Court decision is considered mandatory authority in the State of California. Essay or Short Answer Questions Explain the difference between legal research and legal analysis. Discuss the various steps involved in developing and answering a research question. Explain, compare and contrast both the TAPP and West Publishing systems of legal analysis. Explain the cartwheel method of legal analysis in detail. Explain the three methods of legal research. Discuss when each is an appropriate method to use. Discuss primary, secondary, mandatory and persuasive authority. Chapter Three True-False Being able to read and understand legal citations is paramount to the researcher because research is a citation-intensive exercise. The Bluebook is the industry standard for format and is employed in all legal reference materials, be it case reporters, statutory compilations, law reviews, or digests and encyclopedias. People v. Armour, 590 N.W.2d 61, 65 (Mich. 1999), is the proper citation format for a United States Supreme Court decision. “Parties — Volume — Reporter Series Abbreviation — Page — Date” is the basic format for all court decisions that are included in a reporter series. All United States district court cases include the same court designations in parenthesis. Kubrick v. United States, 581 F.2d 1092 (1978), is a proper citation for a United States court of appeals case citation. When citing U.S. appellate court decisions, citations will always be to the Federal Reporter unless the decision has not yet been published. It is always necessary to cite all three reporters when citing a United States Supreme Court decision. Slimy v. U.S., 825 U.S. 4, 19 S.Ct. 1099, 29 L. Ed.2d. 306 (1984), is the proper citation format for a U.S. Supreme Court decision. Charlesworth v. Mack, No. 92-212 (U.S. Feb. 4, 1992), is the proper citation format for a U.S. Supreme Court decision that has not yet been included in a reporter series. Federal statutory law follows two basic citation patterns. When citing a federal statute using its popular name, the following format is correct: National Environmental Policy Act of 1969, § 102, 42 U.S.C. § 4332 (1994). When citing to “unofficial” codes, the only information included in parenthesis is the year of publication. Federal, and some state statutes, use the following basic citation format: title— statute abbreviation—section—year. Due to variations in the organization of state statutes, proper citing of state level codes can be a confusing endeavor. There is no way to know what the proper citation for a state statute is without consulting the statute itself. Consecutively paginated journals are those that start at page one and continue using page numbers until the next volume is begun. Newspaper articles are cited in the same basic manner as consecutively paginated journals. Robert J. Samuelson, A Slow Fix for the Banks, Newsweek, Feb. 18, 1991, at 55, 56, is a proper pinpoint citation for a non-consecutively paginated journal. Websites that contain informational pages should be cited following the standard for a book or periodical. Multiple Choice Questions Which of the following includes a pin-point citation? People v. Armor, 590 N.W.2d 61, 65 (Mich. 1999) People v. Armor, 590 N.W.2d 61 (Mich. 1999) People v. Armor at 65 Both a and c Which term refers to a reference to a specific place in an opinion, law review or other source? Pin-point citation Jump cites Parallel citation Both a and b Which term refers to cases or laws that appear in more than one location? Pin-point citation Jump cites Parallel citation None of the above Which of the following examples is a parallel citation? Slimy v. U.S., 825 U.S. 4 (1984). Slimy v. U.S., 825 U.S. 4, 19 S.Ct. 1099, 29 L.Ed. 306 (1984). Slimy v. U.S., 19 S.Ct. 1099, 1100 (1984). Slimy v. U.S., 29 L.Ed. 306 (1984). Which of the following is a correct example of a citation to a state level court decision? People v. Armour, 590 N.W.2d 61 (Mich. 1999). Charlesworth v. Mack (Dec. 4, 1990). Kubrick v. United States, 581 N.W. 2d 1092, 1978. None of the above Which of the following is a correct citation to a U.S. Supreme Court opinion? Slimy v. U.S., 825 U.S. 4, 19 S.Ct. 1099, 29 L. Ed.2d. 306 (1984). Slimy v. U.S., 825 U.S. 4, 6 (1984). Charlesworth v. Mack, No. 92-212 (U.S. Feb. 4, 1992). All of the above Which of the following is a proper citation to a federal statute? 12 U.S.C.A. § 1426. National Environmental Policy Act of 1969 (1994). 21 U.S.C. § 841 (1970). 12 U.S.C.S. § 1710 (1990). When citing of the “unofficial” federal statutory compilations the correct format to use would be: 12 U.S.C.S. § 1710. 12 U.S.C.S. § 1710 (Law. Co-op. 1978 & Supp. 1990). 12 U.S.C.S. § 1710 (1990). None of the above. Which of the following is a correct citation to a consecutively paginated journal? Gibeaut, John, Getting Tough on Substance Abusers, 83 A.B.A.J. 625, 656 (1997). Gibeaut, J. Getting Tough on Substance Abusers, 83 A.B.A.J. 625, 656 (1997). John Gibeaut, Getting Tough on Substance Abusers, 625, 656 (83 A.B.A.J. 1997). John Gibeaut, Getting Tough on Substance Abusers, 83 A.B.A.J. 625, 656 (1997). The proper citation format for a newspaper article is: Seth Mydans, Los Angeles Police Chief Removed for 60 Days in Inquiry on Beating, N.Y. Times, Apr. 5, 1991, at A1. Mydans, Seth, Los Angeles Police Chief Removed for 60 Days in Inquiry on Beating, N.Y. Times, Apr. 5, 1991, at A1. Seth Mydans, Los Angeles Police Chief Removed for 60 Days in Inquiry on Beating, , at A1 appearing in The N.Y. Times, Apr. 5, 1991. None of the above. Essay and Short Answer Discuss the two special citation formats that exist in legal citation. Explain why it is necessary to include specific court designations in parenthesis when citing a court case to a regional reporter, a U.S. District Court reporter or a U.S. Court of Appeals reporter. Why is it necessary to use a different citation format when citing a state statute than a federal statute? Explain in detail, using examples. Discuss the difference between consecutively and non-consecutively paginated journals. Discuss some of the difficulties one encounters when citing information that is obtained from the Internet. Chapter Four True-False Finding tools are nothing more than the books, indexes, search engines or digests that a researcher uses to find the primary and secondary resources. There is only one category of index in law books and legal reference materials. Subject indexes usually provide just an overview of the book’s content and presentation. Topical indexes are most often seen in encyclopedias and digests and are found at the beginning of each major subject. A series with a large number of volumes will have neither a general index nor a topical index. General indexes provide insight into the typical type of places, objects, and things relevant to the party’s action, as well as acts, defenses, and types of relief sought. Descriptive indexes include definitions, explanations, and analysis of legal subjects, objects, and actions, and referenced court cases that either legally defined or analyzed its content and legal applicability. Plaintiff/Defendant Indexes can be used with the known authority research method, so the researcher can build case upon case. Indexes provide an excellent starting point for a legal researcher to focus the legal issue more precisely as he or she works from big to small. The researcher does not need to focus on the guts of the legal issue because resource tools are so detailed they will return usable information every time. Multiple Choice Which of the following are categories of legal indexes? Descriptive words Words and phrases Names of plaintiffs or defendants All of the above Which is true of subject indexes? Usually provide just a topical overview of the book’s content and presentation. The more complicated the index, that is, the more thorough, the better it will be. Both a and b Neither a nor b Which is the true statement regarding a series with a large number of volumes? A general index may be included at the end of each topic. A general index will be included at the end of the series only. An index may be included at the end of each topic in addition to a multi-volume index at the end of the series. None of the above. Which is the true statement regarding a topical index? Topical indexes are not useful. A topical index may be included at the end of each topic. A topical index will be included at the end of the series only. An topical index may be included at the end of each topic in a series, in addition to a multi-volume general index at the end of the series. Which statement is true regarding a descriptive word index? Descriptive indexes provide insight into the typical type of places, objects, and things relevant to the party’s action, as well as acts, defenses, and types of relief sought. Descriptive indexes are very similar to a general index, but provide extra commentary on exactly what is included under a specific heading. Neither a nor b Both a and b Words and phrases indexes: Include definitions, explanations, and analysis of legal subjects, objects, and actions, referenced by court cases that either legally defined or analyzed its content and legal applicability. Provide extra commentary on exactly what is included under a specific heading. Usually provide just a topical overview of the book’s content and presentation. Can be used with the known authority research method, so the researcher can build case upon case. Which statement regarding plaintiff/defendant case tables is untrue? Provide extra commentary on exactly what is included under a specific heading. These indexes can be invaluable when using a digest or encyclopedia. Are excellent resources when using the known authority research method. The researcher needs to know the case name and, in some cases, additional information to be able to use them. Subject indexes: Break the law down more minutely, providing relevant information on names and places, objects, and things. Give the researcher a topical overview of the book’s content and presentation. Break down and index the law according to topic. Define specific words and phrases and give appropriate case citations. Descriptive indexes: Break the law down more minutely, providing relevant information on names and places, objects, and things. Give the researcher a topical overview of the book’s content and presentation. Break down and index the law according to topic. Define specific words and phrases and give appropriate case citations. Words and phrases indexes: Break the law down more minutely, providing relevant information on names and places, objects, and things. Give the researcher a topical overview of the book’s content and presentation. Break down and index the law according to topic. Define specific words and phrases and give appropriate case citations. Essay and Short Answer Questions Discuss why the best place for one to begin research is an index. Compare and contrast topical indexes and descriptive indexes. Include in the discussion the normal location of such indexes in a legal series. Discuss why a researcher would consult a words and phrases index. Explain why a plaintiff/defendant case table could be a useful research tool in certain situations. Discuss a general index, how it is used and where it is located in a series. Chapter Five True-False Questions The digest is a synthesizer, a vehicle in which very broad concepts are reduced to smaller, working parts. Digests, like case reporters, publish the whole text of a judicial opinion. The reference that appears in a digest is called a notation, which is a summary of a specific point, fact or related legal issues in short form. Headnotes only appear in unofficial reporters; they do not appear in digests. Due to their efficiency, digests are one of the most often-used finding tools for the researcher in appellate practice. Using a digest can help the researcher build a foundation for precedent or argument of first instance. There is only one digest system in existence throughout the United States. There is a digest series for each regional series of reporter, as well as specialty digests on the federal level. The broadest jurisdictional coverage available in the digest system falls under American Digest Series, which includes the Century, the Decennial and General Digests. Cases that deal with similar points of law will be found under the same key number in the West Digest Series. Once a relevant digest entry is found, all cases under that key number will be applicable. Digests only direct the researcher to court cases; they never include references to law review articles, statutes or legal encyclopedias. The West Key Number System is periodically updated to reflect current case law. Digests can be searched by the keyword, known topic, and known authority methods, just like any other resource. Seasoned practitioners and those researchers who are knowledgeable about the subject matter never choose to consult the digest’s topical outline. Multiple Choice Questions Which of the following statements is true? The Digest is organized differently than any other legal resource. Digests publish the whole text of a judicial opinion. Digests include a summary of a specific point, fact or related legal issues in short form. The Digest system has only one index. A headnote is: A summary of the entire case. A summary of a specific point, fact or related legal issue. Found in digests as well as unofficial reporters. Both b and c Some of the Digests’ advantages are: That a large database of case law can be screened for relevancy. That they provide cross-references to other resources using the key or section number. Both a and b Neither a nor b Case headnotes are provided for all reported decisions in the federal and state courts in which of the following digests? 10th Decennial Digest, part 2 South Eastern Digest State Digests None of the above Key numbers (or section number) in a non-West publication will lead to other cases that: Are on the state and federal level. Deal with the same point of law. Neither a nor b. Both a and b. The West Digest system also includes which of the following? A chart of commonly used abbreviations of courts and publications. An outline of the organization of the series according to the seven main divisions of law. An alphabetical listing of all digest topics. All of the above. Each topic in the digest system: Has its own descriptive word index. Must be accessed by using the general index only. Both a and b. Neither a nor b. A digest contains: References to legal encyclopedias, law review articles, desk books and other practice aids. Pocket parts that should always be checked to update information. Both a and b. Neither a nor b. Periodically it is necessary for West to update the key number system. Which of the following should you check to confirm the key number? The Cross-References Table in the First and Second Decennial Digests Consolidated Table of Key Numbers in the General Digest The Listing of Topics in the West Key Number System The General Index of Key Numbers in the Centennial Digest Which of the following are commonly used methods of digest research? known authority known topic keyword all of the above Essay and Short Answer Questions Discuss the various added features included in digest references that make using a digest system an excellent starting point to legal research. Explain the various methods of consulting a digest system, as well as which volumes would be utilized with each method. Describe the various types of digest series, their jurisdictional coverage and how often they are published. Discuss headnotes, what they are for and where they found. Include in the discussion any other references to where they may appear, whether there can be more than one headnote per case, etc. Chapter Six True-False Questions Early forays into the realms of computer-assisted legal research, involving statutes and case law, were long, complicated journeys. There are no free, online legal resources. Boolean searches require the researcher to enter key terms that can be identified as a concrete idea. Wildcard searching is used when the same root word is desired with different endings. Expanders, often an asterisk or exclamation point, are never dependent upon the search engine. Limiters do exactly as indicated: limit the placement of words in relation to other words. Several excellent websites host search engines and are available free of charge for anyone in need of them and feature easy-to-use search engines that return useable results. The only online reference for the United State Code is the Government Printing Office. Shepard’s Citation resources, one of the most important updating and researching tools, are available only in printed format. Secondary references, such as encyclopedias and law reviews, are not included in any free or fee-based computer assisted legal research source. Multiple Choice Questions During the infancy of computer assisted legal research, resources were located: On a computer’s hard drive, floppy disks or Cds. On large online searchable databases. Both a and b. Neither a nor b. A Boolean search: Requires the researcher to enter key terms that can be identified as a concrete idea. Uses words such as “and”, “or” and “not” are used to either connect words together or to exclude certain terms that may appear in search results that are undesirable. Is used when the same root word is desired with different endings. None of the above A concept search: Requires the researcher to enter key terms that can be identified as a concrete idea. Uses words such as “and,” “or,” and “not” are used to either connect words together or to exclude certain terms that may appear in search results that are undesirable. Is used when the same root word is desired with different endings. None of the above Limiters: Are used when the same root word is desired with different endings. Are words such as “and,” “or,” and “not” Limit the placement of words in relation to other words. All of the above. Findlaw includes the following legal resources: State and federal cases. State and federal statutes. Neither a nor b. Both a and b. The Legal Information Institute does not contain: Links to state statutes. U.S. Supreme Court decisions. A general digest search engine. Code of federal regulations. LexisNexis: Offers many services to subscribers other than in-depth legal research abilities. Has a very limited database of legal resources. Is free to the general public. Contains only basic legal materials for its subscribers. Which of the following resources is available on LexisNexis? Shepard’s Citations American Law Reports American Jurisprudence All of the above Westlaw from West Group includes: Thousands of databases found in print in all large law libraries. Powerful research tools. Editorial enhancements found in the company’s bound publications. All of the above. KeySearch is a feature that: Helps you find relevant documents using the Key Number system. Is found only on LexisNexis. Cannot be used in conjunction with bound volumes. Is an extremely difficult search tool to use. Essay and Short Answer Briefly discuss the early days of CALR and how the field has evolved over the last 20 years. Discuss the various free legal research websites found on the Internet and the types of legal resources they offer. Give a brief overview of the LexisNexis and Westlaw Systems. Compare and contrast their resources, offerings, and search capabilities. Chapter Seven True-False Questions A secondary resource is a reference or work that explains, interprets and discusses statutes, case law, and administrative law. Resources such as court reporters, statutes, and regulations are all classified as secondary resources. Textbooks and casebooks are a very effective ways to gain a general understanding of a certain type of law. Hornbooks, or treatises, can be appropriately described as highly sophisticated textbooks. To achieve treatise status, the text does not need to be well accepted by the legal community or withstand critical review. The general indexes included in treatises are composed in a more esoteric fashion than the typical textbook with many additional subdivisions and far greater detail. The American Law Institute (ALI) consists of learned scholars, practitioners, and judges whose task is to re-write the law as presently understood and to make recommendations or suggestions regarding where the law is headed. Judicial opinions have never placed heavy reliance on the authority of the Restatements. There is only one volume in the Restatements. Loose-leaf services, normally packaged in a three-ring binder, are very useful in areas of law that are prone to change. Loose-leaf services are written, constructed, and designed for utility only, emphasizing nuts-and-bolts issues. Law reviews, which are a collection of articles, reviews, or commentaries on varied issues of law, are scholarly in approach and written with expansive footnotes and legal authority. Law review articles provide the researcher with a multitude of other relevant sources, particularly case law so necessary in the establishment of proof and testing of a legal argument or principle or the making of a prima facie case. Commercial journals tend to fill a need heretofore forgotten by the academic sector, covering topics so specialized or so practical that academic thinkers are unlikely to be exposed or have an interest in the topic. The only way to find articles in any type of legal periodical is to look through the table of contents. Currently, legal practitioners have to draft and design each new contract, will, trust, or other document individually to reflect the case at hand. Most practitioners rely on standardized forms as a starting point in the creation of legal documents. Forms packages are available from local bar associations, Clerks of Court and private publishers, are often included in the rules of court for the jurisdiction, and are now often available in CD or disk format. Multiple Choice Questions Which of the following statements regarding secondary resource is true? A secondary resource is a reference or work that explains, interprets and discusses statutes, case law, and administrative law. Resources such as encyclopedias, periodicals, journals articles, treatises and text books are all classified as secondary resources. Both a and b. Neither a nor b. Which of the following statements regarding law books in general are true? They possess workhorse qualities in order to survive vigorous usage, repeated reference, and regular copying. They serve as compilations, compendiums, collections, and depositories of the law, containing explanations of rules, regulations, statutes, codes legal analysis, court cases or the synthesis of court decisions. They play a very large part in the education of law and justice practitioners and cover broad areas of the law. All of the above. Law textbooks: Generally contain some reference to varied state or federal statutes. Provide cases, problems and assignments. Deliver the fundamental aspects of a particular area of law. All of the above. Which statement is true regarding hornbooks or treatises? Can be appropriately described as a simple textbook. They provide a scholarly analysis of a specific law topic. They generally include no federal and state references and few footnotes. Are not accepted by the legal community and has withstood no critical review. Which of the following is a popular recognized treatise? Black’s Law Dictionary Secured Transactions in Banks Urban Development & Neighborhood Control Introduction to Criminal Law The task of the American Law Institute (ALI) is to: Attempt to provide a scholarly analysis of a specific law topic. Re-write the law as presently understood and to make recommendations or suggestions regarding where the law is headed. Produce works that generally contain some reference to varied state or federal statutes; provide cases, problems and assignments and deliver the fundamental aspects of a particular area of law. Produce numerous publications that compile forms, model clauses and provisionary exhibits and checklists. Loose-leaf products: Cover areas of law that are prone to change. Are dominated by four major publishing houses. Both a and b. Neither a nor b. Continuing education materials are regularly published by: Practicing Law Institute Pennsylvania Bar Institute. ALI-ABA Committee on Continuing Professional Education. All of the above. The categories of legal periodicals include: Law reviews, journal publications, professional association periodicals and legal newspapers. Law reviews, commercial journal publications, bar association periodicals, professional association periodicals and legal newspapers. Law reviews and legal newspapers. Commercial journal publications, bar association periodicals, and legal newspapers. Which statement is false? Even using a formbook, the legal practitioner must design each new contract, will, trust, or other document individually to reflect the case at hand. Formbooks provide practitioners with a “skeleton” of a pleading, will, trust, contract or other legal document Formbooks contain standardized forms that can be used as a starting point in the creation of legal documents. Due do the variations in jurisdictional requirements and the multitude of construction and drafting methods, formbooks aid the novice and seasoned advocate. Essay and Short Answer Discuss the useful of casebooks and law textbooks in legal research. Are the Restatements of the Law by the American Law Institute treatises? Why or why not? Discuss the various types of legal periodicals, their coverage and the resources used to locate articles. Discuss whether formbooks and other continuing education materials are useful to legal practitioners. Chapter Eight True-False Questions An overview of legal ideas and principles is the goal of the encyclopedia. Legal encyclopedias serve as an excellent starting point for any research. There is only one major legal encyclopedia: Corpus Juris Secundum (C.J.S.) by West Publishing Company. Legal encyclopedias are always national in scope and never include select state references; one must consult state specific encyclopedias for state references. Encyclopedias do not contain similar subject matter and references; content and resources vary by the specific encyclopedia. Encyclopedias are not primary legal materials but are appropriately utilized as secondary and even tertiary source leads. It is not necessary to double-check and verify cases or other legal citations found in encyclopedias before relying on them, because they are always current. The only way to research using a legal encyclopedia effectively is by using the Keyword approach. There are two ways to use the topical approach when consulting a legal encyclopedia. Legal dictionaries provide vague references and are not useful when researching legal issues. Multiple Choice Questions Legal encyclopedias: Provide readers with broad legal concepts. Deliver a skeletal framework from which to operate. Include a wealth of footnoting and annotations. All of the above. The major legal encyclopedias are: Corpus Juris Secundum (C.J.S.), by West Publishing Company. American Encyclopedia (Am.Jur., Am.Jur.2d), by Lawyer’s Cooperative. Encyclopedia of the Law (Encyc. L.) by Thomson Corporation. Both a and b. Encyclopedias are: National only in scope. State specific only. National in scope, but do include select state references. National in scope, but include select state and international references. Encyclopedias have the following in common: Comprehensive general index, alphabetized by fact or descriptive word. Topical, narrative analysis with extensive footnotes and annotations. Neither a nor b. Both a and b. Corpus Juris Secundum does not: Cite reported federal and state cases. Provide cross-references to articles in American Law Reports, Restatement of the Law, legal periodicals, and other practice books. Uses the Key number system present in all West publications. None of the above. American Jurisprudence 3rd: Only footnotes selected federal cases. Cites all reported federal and state cases. Cites only state cases. Uses the Key number system. Since encyclopedias are ideal when employed: As a starting or preliminary source of information. As primary legal materials would be used. Both a and b. Neither a nor b. When researching an encyclopedia it is best to use a: Topical approach. Keyword approach. Both a and b. Neither a nor b. Legal encyclopedias are organized by: Topic only. Topic and subtopic with no section or KeyNumbers. Key number or section number only. Topic, subtopic and section or KeyNumber. Legal dictionaries: Contain vague, sloppy, and undisciplined jargon and avoid rigorous definition, leaving room for the law to be interpreted. Serve as a common ground to resolve disputes in terminology and as a repository for the millions of terms, words, and phrases in law that no one person could ever remember. Contain much conceptual confusion, ambiguities in language, and imprecision in the written word. None of the above. Essay and Short Answer Discuss the general features that make all legal encyclopedias an excellent starting point for almost any legal research endeavor. What are the two major legal encyclopedias found in the United States today? Who publishes them? Discuss their features, similarities and differences. Explain the various processes a researcher can follow when using legal encyclopedias. Discuss the place of legal dictionaries in legal research. Chapter Nine True-False Questions The American Law Reports system is an incisive and scholarly review of relevant case law by specified subject matter. The main thrust of the A.L.R. system is to discuss as many cases as possible within a given geographical area and court level. Cases that are mundane, repetitive, or easily resolved are the normal subject matter of an A.L.R. article. The A.L.R. system selects a case of value upon which it provides significant annotations, references, and practice pointers. An A.L.R. article on a case can include headnotes, a brief synopsis of the case, various annotations and the text of the case itself. To achieve a high level of understanding under the A.L.R. system, the researcher must have the problem identified before he or she opens the books. Only one index exists for use with the A.L.R. system, and the only means of updating an A.L.R. article to check validity is by using Shepard’s Citations. Some practitioners prefer the A.L.R. system to any other case law service because it is a system of monographs or exercises in high-level research. Only federal decisions are included in A.L.R. entries. Because of the astronomical size of the system, the A.L.R. is extremely difficult to use. Currently, the A.L.R. is in its fifth series of publication and includes a federal and digest series as well. The first step in researching the A.L.R. is to locate the A.L.R. General Index for the appropriate series. The A.L.R. can be researched by keyword. The A.L.R. is available only in print and cannot be accessed online. Researching the A.L.R. online is similar to researching in print. Multiple Choice Questions A.L.R.: Provides as many cases as possible within a given geographical area and court level. Attempts to provide the practitioner with only those cases that are legally significant in daily practice. Includes cases that are at best mundane, repetitive, or easily resolved are saved for the footnotes. Does none of the above. The A.L.R. provides which of the following for any case included in the system: References, practice pointers, jurisdictional table, references to appropriate statutes, summary of basic legal principles, analysis of all relevant cases. A brief synopsis of the case, headnotes that summarize the court’s opinion, the text of the opinion being discussed. Both a and b. Neither a nor b. Most of the information found in an A.L.R. entry is found in the: Annotations. Case synopsis. Headnotes. None of the above. Which of the following indexes are not included with the A.L.R. Series? Table of case names Words and phrases Quick index General index Which of the following are legitimate members of the A.L.R. System Series? A.L.R. 1st -5th A.L.R. Federal A.L.R. Digest All of the above The A.L.R. 1st includes: State cases. Federal cases. State and federal cases. Digest references. The A.L.R. 4th includes: State cases. Federal cases. State and federal cases. Digest references. The A.L.R. Federal includes: State cases. Federal cases. State and federal cases. Digest references. The A.L.R. Digest includes: State cases. Federal cases. State and federal cases. Digest references. During compilation of the A.L.R. 3rd, federal cases were included in the A.L.R. Federal series. This was due to: The number of jurisdictions. The subject matter scope of jurisdictions. Both a and b. Neither a nor b. Essay and Short Answer Discuss the organization of and the resources that are included in an A.L.R. article. Explain the various types of series available in the A.L.R. system. Briefly explain when and why federal decisions are no longer included in the A.L.R.’s numbered series. Discuss the method(s) one follows when performing legal research using the A.L.R. system. Compare and contrast the A.L.R. series with a legal encyclopedia. Chapter Ten True-False Case law is secondary resource material in the analysis of legal problems. Because the legal system relies upon precedent and adheres to the doctrine of stare decisis, case law will always remain central to the resolution of legal research problems. Reporters include collections of cases from the states’ highest courts and the courts in the federal realm. No annotated case reporters exist. Hardbound editions of reporters are kept current by advance sheets, which are weekly or monthly updates of the more recent decisions. Legal trends and decisions of adjoining states, in particular geographic regions, are compiled in regional reporters. Because reporters are relatively inexpensive, state reporters are preferred to their regional counterparts. There are three different official versions of Supreme Court reporters. All Supreme Court reporters include headnotes and references to other publications. Parties, judges, and attorneys for the plaintiff and defendant are clearly noted in reporters. Amicus curiae briefs that are submitted on the behalf of one of the parties to a case are never listed in a reporter. U.S. courts of appeal cases are reported in the Federal Reporter (F. 3d), now in its third series. U.S. district courts, including U.S. court of claims, court of international trade, and some other now-defunct courts, report decisions nationally in the Federal Supplement (F. Supp.). Because of uniform reporter standards, most cases on the local level are included in reporters. Jurisdictions never review or rely upon ancillary and aligned jurisdictions in legal reasoning. Aside from a reproduction of the court’s opinion in full, annotated reporters also provide a syllabus of the case or a synopsis of the entire decision, as well as a set of headnotes with key referencing, which highlights key issues in the case at hand. Issue identification is the least important facet of legal research, especially when considering case law. While facts and defenses to a case are still important, the most challenging task of the researcher remains issue clarification. Digests are the primary finding tool to use to find case law. Just like other primary resources, reporters have their own index, so the digest is used as an additional resource. Multiple Choice Questions From the following citation: Jones v. Mary, 18 Pa. Super 14, 198 A.2d 1845 (1951). one can tell that the case: Is appellate in nature. Was decided in 1951. Originated in Pennsylvania. All of the above. In the West Reporter series which of the following is true? The KeyNumbers in the headnotes coincide with the KeyNumbers in digest entries and other West publications. The judge who authored the opinion is listed along with any other presiding justices. Parallel citations are included to all reporters the case appears in at that level. All of the above. Cases are usually published when they: Are beyond the trial stage and involve some significant question of law or fact. Are appellate in nature no matter what the circumstances. Involve a constitutional question only. None of the above. State decisions are most often published in: State level reporters only. Regional reporters only. Both state and regional reporters. State, local and regional reporters. Which of the following states is not included in the Atlantic Reporter? Maryland New York New Hampshire New Jersey The Southern Reporter covers which of the following sets of states? Alabama, Florida, Louisiana, Mississippi Georgia, North Carolina, South Carolina North Carolina, Virginia, West Virginia Florida, Georgia, South Carolina Which of the following is not a United States Supreme Court Reporter? United States Reports Federal Reporter Supreme Court Reporter U.S. Supreme Court Reports, Lawyers Edition Which of the following reporters is not a federal level reporter? United States Reports Federal Supplement Pacific Reporter Military Justice Reporter Which of the following is the most important task in analyzing case law? Finding a case Identifying the issue Identifying the facts Identifying the decision The primary tool for finding case law is: A digest. An index. A known case. None of the above. Essay and Short Answer Discuss the various resources present in an annotated reporter that are not available in an “official” reporter. Explain how these annotated references can be of use to the researcher. Explain the usefulness of the West KeyNumber System. Include in your discussion all West publications, as well as WestLaw resources that have been covered up to this point in your coursework. Explain the usefulness of having state level appellate court decisions published in state as well as regional reporters. Identify and discuss the U.S. Supreme Court, U.S. court of appeals and U.S. circuit court reporters. Identify the U.S. court of appeals and U.S. circuit court in your jurisdiction. Discuss the importance of issue identification as it relates to analyzing case law. Chapter Eleven True-False Questions The term “statute” refers to the actual laws passed by state and federal authorities. Statutes and codes are the end result of the political process and the by-product of the legislative system in government. When legislation is adopted at the federal level, it is generally published first as a session law. A session law is a law that was passed during a legislative session. Since the United States Code Service provides no more than the exact language of the legislation, the law is also included in two authoritative annotated codes. Annotated services allow the researcher to review historical issues and trends in the legislation published, assess the influence of case law on the statute’s applicability, compile and compare case law, and refer to CFR (Code of Federal Regulations). Statutes at the federal level provide a list of titles and chapter headings in an index for ease of use. State statutory law is organized very differently than federal law. Rules of Court highlight procedural requirements most pertinent to daily practice, process, and procedures for various courts, and are packaged in a desk copy edition for quick and easy reference. Research in constitutional law issues is a multifaceted approach, including analysis of the United States Code Annotated or the United States Code Service. Unlike most other legal resources, statutory compilations do not have an index. Statutes include a general index at the end of each set, and each Title includes a very detailed topical outline. Historical references and cross-references to other statutes and rule are some of the references that may be provided in an annotated statute. Statutes can be located by using the keyword, known authority and known topic methods. When using the known topic method to research statutes, the researcher has to be very careful not to overlook topics that may seem inapplicable. Multiple Choice Questions The term “statute” refers to: The actual laws passed by state and federal authorities. Primary source of law. Are the end result of the political process and the by-product of the legislative system. All of the above. Statutes and codes are: The product of judicial decision-making. The end result of the political process and the by-product of the legislative system in government. Created by administrative agencies None of the above. When legislation is adopted at the federal level it is: Generally published first as a session law. First referred to as a slip law. Both a and b. Neither a nor b. In which of the following publications can you find federal statutes? Statutes at Large Slip law United States Code Service All of the above One of the “unofficial” federal sources of statutory law is: Statutes at Large. Slip law. United States Code Service. All of the above. Which of the following sources of federal statutory law does not include annotations? Statutes at Large United States Code Service United State Code Annotated None of the above Annotated code services: Cross-reference with other services, including A.L.R. and the reporter system. assess the influence of case law on the statute’s applicability. Update information through pocket parts and supplements. All of the above. State statutes: Have a completely different organization system than federal law. Are normally organized in the same manner as federal statutes. Do not have annotated versions available. Are extremely difficult to research. Rules of Court: highlight procedural requirements most pertinent to daily practice, process and procedures for various courts are multivolume works that can only be found in courthouses and law libraries both a and b neither a nor b Statutes can be located by using which of the following methods? Keyword Known Authority Known Topic All of the above Essay and Short Answer Explain the process of federal statutory law development and where copies of the proposed and passed laws can be found, both before and after publication. Discuss slip laws and session laws, as well as how and where they can be located. Discuss the four sources of federal statutory law. Be sure to include the name of the resource and any special features they may include. Explain the various research methods one may utilize to find statutory law. Chapter Twelve True-False Questions Government regulations and administrative laws are two different types of law. Federal regulations will generally be published in the Code of Federal Regulations. The Code of Federal Regulations (CFR) can be found in any library listing itself as a government depository. Proposals for regulations, executive orders, and general bureaucratic news from the federal government are published in the Federal Register before they appear in the CFR. If an item appears in the Federal Register it automatically appears in the Code of Federal Regulations. Both the CFR and the Federal Register are fully available on the Web. All states regularly publish and freely distribute administrative rules and regulations. There are several annotated versions of the CFR available. The Code of Federal Regulations is organized and cited just like the United States Code, by title and section number. All of the information in the United States Code is mirrored in the CFR. Multiple Choice Questions Government regulations and administrative laws are: Two different types of law. Two names for the same type of law. Very difficult to locate on the federal level. None of the above. Federal regulations will generally be published in: the Code of Federal Regulations. the United States Code. Statutes at Large. Index to Federal Regulations. The Code of Federal Regulations (CFR) can be found: In any library listing itself as a government depository. In all law libraries. Online. All of the above. Proposals for regulations, executive orders, and general bureaucratic news from the federal government are published in: The CFR. The Federal Register. Slip sheets. Notice format. If an item appears in the Federal Register, it: Automatically has the force of an administrative law. Will become law. None of the above. Both a and b. Both the CFR and the Federal Register are: Fully available on the Web. Available in print only. Available online and in print. Very difficult to find. Which of the following is true regarding state level administrative law? All states regularly publish and freely distribute administrative rules and regulations. Most states have government websites where one may access administrative rules and regulations. Most states never publish administrative rules and regulations. All states use the CFR as their administrative law. The Code of Federal Regulations includes: The text of the regulation. Cross-references to other legal publications. Both a and b. Neither a nor b. The Code of Federal Regulations is organized and cited by: Popular name. The Federal Register number. Title and section number. Section number. The CFR can be researched by: Keyword only. Keyword, known topic and known authority. Known topic only. Known topic and known authority only. Essay and Short Answer Questions Discuss the various resources in which a federal government rule or regulation appears during the process of becoming administrative law. Compare and contrast the publication methods for administrative and statutory law. Be sure to include the names of the publications in which each type of law appears, as well as a discussion of any special features available. What are the difficulties one may encounter when researching administrative law in general? Do they arise at the state or federal level? Chapter Thirteen True-False Questions The Shepard’s system grounds its operation in the essence of legal precedent. The hierarchy of legal decisions, especially the appellate structure of state and federal courts, makes the Shepardizing process mandatory in any research endeavor. Updating the law is not necessary when conducting legal research. When Shepardizing the history of a case the abbreviation “cc” (connected case) means that the case is related to your case in some way. It is impossible to Shepardize statutes; only case law can be Shepardized. Both the treatment that a case receives upon review and the history of the case are included in a Shepard’s citatory. Shepard’s citations can be checked online through LexisNexis and Westlaw. The A.L.R. provides its own means of update. Pocket parts are included in the back of all up-datable legal resources and are the first place one should check to up-date his or her information. Pocket parts are the only means of updating the law. Multiple Choice Questions Shepard’s Citations allows the researcher to: Continually tracing the history of a case. Trace statutes, law reviews, administrative rules and regulations, and Supreme Court rulings. Make a comparison of cases in region under the reporter system with actions in other states. All of the above. When Shepardizing the history of a case, the abbreviation “De” means: Appeal from a lower court to a higher court is dismissed by that court. A petition for review or rehearing has been denied by a higher court. Appeal from the same case dismissed in part. The case is different from your case in a significant way When Shepardizing the history of a case, the abbreviation “US cert den” means: Certiorari has been denied by the United States Supreme Court. Certiorari has been dismissed by the United States Supreme Court. Rehearing denied by the United States Supreme Court. Rehearing dismissed by the United States Supreme Court. When using Shepard’s Citations to determine the treatment of a case, the abbreviation “c” means: The case is related to your case in some way. A court has upheld the case as constitutional. The court disagrees with the soundness of the case being Shepardized, although the court may not have the authority to materially affect its precedential value. None of the above When using Shepard’s Citations to determine the treatment of a case, the abbreviation “d” means: The case is different from your case in a significant way Appeal from a lower court to a higher court is dismissed by that court. A petition for review or rehearing has been denied by a higher court. Appeal from the same case dismissed in part. When using Shepard’s Citations to determine the treatment of a case, the abbreviation “Up” means: A statute is not good law because a court has found it conflicts with a law that takes priority. A statute has been judged valid by a court. A court has found the statute to be unconstitutional. A portion of the statute has been found unconstitutional by a court. When using Shepard’s Citations to determine the treatment of a case, the abbreviation “Rn” means: Abrogation of an existing statute. Statute re-enacted. Renumbering of existing sections. Retroactive application of the statute is discussed. When using Shepard’s Citations to determine the treatment of a case, the abbreviation “Sd” means: Substitution of new legislation for an existing statute not expressly abrogated. Statute suspended. Statute suspended in part. Substitution of new legislation for part of an existing statute not expressly abrogated. Shepard’s Citators are available for: United States Administrative Citations. United States Patents and Trademarks Citations. Federal Tax Law Citations. All of the above. The easiest way to update the A.L.R. Series is by using: The BlueBook. The Harvard Bluebook. Shepard’s. None of the above. Essay and Short Answer Discuss the various information that one can locate using Shepard’s Citators. Be sure to include any references other than statutes and case law to which Shepard’s may direct the researcher. Discuss the basic steps in Shepardizing a court case. Discuss the basic steps in Shepardizing a statute. Discuss the three basic methods of updating the law. Chapter Fourteen True-False Questions The published works from government agencies generally are of high quality and written with a pragmatic eye. The United States Department of Justice is the principal agency in charge of a great number of justice-centered government publications. The United States Department of Justice does not fund any other agencies’ publications. The U.S. DOJ’s website can only be used to order print publications. The Bureau of Justice Statistics funded by the Office of Justice Programs is the primary statistical generator and reporter of the U.S. Department of Justice. BJS data is distributed through its own website, the BJS Clearinghouse, the National Archive of Criminal Justice Data (NACJD), and many other resources. Following orders from the 104th Congress to make federal legislative information available to the public on the Internet, the Library of Congress created the THOMAS World Wide Web system. The National Institute of Justice (NIJ) is the research and development arm of the U.S. Department of Justice and is solely dedicated to research on the issues of crime control and justice. The NCJRS’ primary purpose is to compile, disseminate, and generate research information, data, reports, studies, and other relevant material concerning justice and substance abuse among the many justice officials, academics, and practitioners. Many commonly used publications can be acquired by mail or online from the Government Printing Office (GPO) or through one of its authorized bookstores and distribution centers Multiple Choice Questions NCJRS’ many services are: Freely available to anyone interested in the information they compile. All fee-based. Available only to members of their organization. None of the above. The NCJRS website offers: A newsletter title JUSTINFO. An abstracts database search. A full text search feature. All of the above. An abstracts database search from NCJRS yields which of the following results? All free resources A combination of books, government publications and other resources, either free or fee based Irregular search results Both a and c The government depository program is based on which of the following principles? With certain specified exceptions, all government publications shall be made available to depository libraries. Depository libraries shall be located in each state and Congressional district in order to make governmental publications widely available. These government publications shall be available for the free use of the general public. All of the above. THOMAS provides the public with access to: Proposed legislation. Congressional Record and its Index. Constitution and other historical documents. All of the above. To which of the following does THOMAS not provide access? House Floor This Week U.S. Supreme Court decisions Legislative Bill summaries and status Votes and Session calendars One overlooked legal resource is: Statutory law. Administrative law. Uniform crime reports. Rules and regulations. The United States Department of Justice does not supervise which of the following agencies? Office of Juvenile Justice and Delinquency Prevention Attorney General FBI CIA Which of the following is not a mission of the National Institute of Justice? research the nature and impact of crime and delinquency provide research studies free of charge evaluate existing programs and responses to crime test innovative concepts and program models in the field Which agency of the United States government should be consulted if one is looking for information on alcohol and tobacco, firearms, explosives, arson and fire and tax issues? Bureau of Alcohol, Tobacco and Firearms U.S. Marshal’s Service Federal Bureau of Investigations National Institute of Fire Safety Essay and Short Answer Discuss the many resources that are available on the THOMAS website. Explain the mission, structure and procedures of government depository libraries. Describe the types of searches you can perform on the National Criminal Justice Reference Service (NCJRS) website, as well as the types of information that are available there. Chapter Fifteen True-False The ability to write accurate, detailed accounts, reports, statements, briefs, memoranda, and other assigned tasks cannot be overemphasized. Sloppy investigative procedures reflect the quality and character of a given police agency, so its recordkeeping and documentation must be of the highest caliber. Expository writing stresses the factual, explanatory, and the objectively analytical. Creative thinking and creative writing is highly desired in legal circles. It is not necessary for the police officer, lawyer, paralegal, and judge to take good notes to help focus the legal issue. The ability to take good notes and to write in a good legal fashion is not a skill that needs to be learned by every researcher. The legal memorandum is a tool that weighs and evaluates the state of law as it applies to the facts at hand. A memorandum need not indicate exactly what issues or questions of law the memorandum proposes to answer, but only needs to give a general overview of the situation. A memorandum’s conclusion must contain ideas about how the case can be resolved instead of a specific and clear resolution of the issues presented. Knowledge of the IRAC method will definitely prove helpful when drafting a memoranda, briefing a case, or answering examination questions. Multiple Choice Questions Competent legal writers maintain an expository style by adhering to which these rules? Taking incomplete notes. Conducting a proper inquiry, a thorough examination of relevant information, by taking complete and accurate notes. Using a creative writing style. All of the above. A belief all justice professionals have in common regarding writing is: Just the evidence is needed. Get the facts, organize relevant information, and support the evidence. No one will see my notes so it is not necessary for them to be neat. All of the above. The memorandum is a: Synopsis of a case that is to be evaluated for class purposes. Legal document in support of a party in a court case. Tool that weighs and evaluates the state of law as it applies to the facts at hand. None of the above. In a memorandum, a conclusion should contain: A specific and clear resolution of the issues presented. A brief explanation of the reasoning upon which the answer is based. General suggestions on how the case should be resolved. Both a and b. Which of the following is not a common error in the design of legal memoranda? To be accurate and precise without being flowery. Failure to explain conclusions. Excessive reliance on judicial language. Failure to support contentions by scholarly footnotes or other sources. When including quotations in a memorandum: All quotations must be the exact words of the author, court, etc. Quotations exceeding five or six lines must be indented and single spaced. Always cite to the exact page of the source in which the quotation appears, rather than merely the initial page of the opinion. All of the above apply IRAC stands for: Issue, Rule, Application and Conclusion. Issue, Rule, Analysis and Conclusion. Issue, Research, Application and Conclusion. Issue, Research, Analysis and Conclusion. A research report: Summarizes the results of legal research. Weighs and evaluates the state of law as it applies to the facts at hand. Reports findings from some type of quantitative research and involves scientific method. None of the above. A hypothesis is: An educated guess. A statement that should be true if the theory is correct. Both a and b. Neither a nor b. A formal essay differs from a research report in that: A formal essay gathers quantitative data instead of qualitative. A formal essay gathers qualitative data instead of quantitative. Research report lacks the scientific method present in an essay. Written exposition, argument of a point of law, discussion of various topics and trends are the province of a research report. Essay and Short Answer Questions Discuss and define the elements of a legal memorandum. Discuss the IRAC analysis method, its process and usefulness. Describe the research report and its contents. Describe the formal essay and its contents. Explain why it is necessary for legal and criminal justice professionals to take complete and accurate notes. Answer Key Chapter One True-False True False True False False True True False False True True False True True True Multiple Choice a b c b d b b b c c Chapter Two True-False True True False False False True False False True True Multiple Choice c b c d a d c b d d a b c a a Chapter Three True-False T T F T F F T F T T T T F T T F T F T T Multiple Choice d d c b a d c b d a Chapter Four True-False T F T T F F F T T F Multiple-Choice d c c d d a a b a d Chapter Five True-False T F F F T T F T T T F F T T F Multiple Choice Questions c d c a d d a c b d Chapter Six True-False T F F T F T T F F F Multiple Choice a b a c d c a d d a Chapter Seven True-False T F T T F T T F F T F T T T F F T T Multiple Choice c d d b a b c d b a Chapter Eight True-False T T F F F T F F T F Multiple Choice d a c d b a a c d b Chapter Nine True-False T F F T T T F T F F T F T F T Multiple Choice b c a d d c a b d c Chapter Ten True-False F T T F T T F F F T F T T T F T F T T F Multiple Choice d d a c b a b c b a Chapter 11 True-False T T F T F T T F T T F T T T T Multiple Choice d b c d c a d b a a Chapter Twelve True-False F T T T F T F F T F Multiple Choice b a d b c c b a c b Chapter Thirteen True-False T T F T F T T T T F Multiple Choice d b a c a d c b d a Chapter Fourteen True-False T T F F T T T T T T Multiple Choice a d b d d b c d b a Chapter Fifteen True-False T T T F F F T F F T Multiple Choice b b c d a d b c c b