Legal Research - Basics

Question 1

What are the four primary sources of law?

Answer 1

Constitutions, Statutes, Administrative Law, Court Decisions (common law)

Question 2

What are the four secondary sources of law?

Answer 2

Books (treatises), American Law Report Annotations, Law Review Articles, Restatements

Question 3

In Federal Law, which authority is higher? US Constitution or US Statutes?

Answer 3

US Constitution

Question 4

In Federal Law, which authority is higher? US Constitution or US Administrative Regulations?

Answer 4

US Constitution

Question 5

In Federal Law, which authority is higher? US Statutes or US Administrative Regulations?

Answer 5

US Statutes

Question 6

In State Law, which authority is higher? The State Constitution or State Statutes?

Answer 6

The State Constitution

Question 7

In State Law, which authority is higher? The State Constitution or Decisions of State Courts?

Answer 7

The State Constitution

Question 8

In State Law, which authority is higher? The State Constitution or State Administrative Regulations?

Answer 8

The State Constitution

Question 9

In State Law, which authority is higher? State Statutes or State Administrative Regulations?

Answer 9

State Statutes

Question 10

In State Law, which authority is higher? State Statutes or the Decisions of State Courts?

Answer 10

State Statutes

Question 11

In State Law, which authority is higher? State Administrative Regulations or the Decisions of State Courts?

Answer 11

State Administrative Regulations

Question 12

If Federal Law applies, which authority is higher? The US Supreme Court or US Administrative Regulations?

Answer 12

US Administrative Regulations

Question 13

If Federal Law applies, which authority is higher? The US Supreme Court or US Statutes?

Answer 13

US Statutes

Question 14

If Federal Law applies, which authority is higher? The US Supreme Court or the US Constitution?

Answer 14

US Constitution

Question 15

If State Law applies, which authority is higher? The State Constitution or the US Supreme Court?

Answer 15

State Constitution

Question 16

If State Law applies, which authority is higher? The State Administrative Regulations or the US Supreme Court?

Answer 16

State Administrative Regulations

Question 17

In a judicial ruling, the formula “facts + rule of law = ____”

Answer 17

The Holding

Question 18

What is the definition of ‘Dicta’?

Answer 18

Everything outside of the holding.

Question 19

Primary authorities are those statements or rules of law made by persons or groups empowered to declare what the law is. True or false?

Answer 19

True.

Question 20

True or False:

Primary authorities are the laws themselves.

Answer 20

True.

Question 21

True or False:

Secondary authorities are commentaries about the law.

Answer 21

True.

Question 22

True or False:
All the sources listed below are primary sources.

a. US Constitution
b. Federal Statutes
c. Federal Cases
d. Federal Administrative Law
e. Michigan Constitution
f. Michigan Statutes
g. Michigan Cases
h. Michigan Administrative Law

Answer 22

True.

Question 23

Test 2:
True or False…. The Federal Reporter 3d contain all of the opinions currently issued by the federal circuit courts of appeals.

Answer 23

False….

Federal Reporter 3d contains “published” opinions of the federal circuit courts of appeals. While many “unpublished” opinions of those courts currently appear in the Federal Appendix, older unpublished opinions do not appear in any print West reporters. Only about 40% of federal courts of appeals decisions are published.

Question 24

Test 2:

True or False… West regional reporters do not contain cases decided by federal courts.

Answer 24

True.

Yes. The West regional reporters (N.E., S.E., S.W., etc) contain only state court cases. The West reporters containing federal cases are the Supreme Court Reporter, Federal Reporter, Federal Appendix and Federal Supplement. Taken together, the various regional and Federal reporters make up West’s National Reporter System.

Question 25

True or False: | U.S. Reports (U.S.) is the unofficial reporter for the U.S. Supreme Court.

Answer 25

False. U.S. Reports is the official reporter.

Question 26

True or False: | Cases from another jurisdiction are considered secondary sources.

Answer 26

False. Cases are ALWAYS primary authority, even when not mandatory.

Question 27

True or False: Decisions of the Utah Supreme Court cannot be overturned by the U.S. Supreme Court unless they conflict with federal law.

Answer 27

True. The highest court of each state is the ultimate authority for interpretation of that state's law.

Question 28

True or False: Decisions of a federal district court in Utah, interpreting and applying Utah law, would be mandatory authority for Utah state trial courts.

Answer 28

False. Federal courts (with the exception of the U.S. Supreme Court) are not higher than state courts. As indicated on the chart, the state and federal court systems are separate and parallel. Consequently, the *only* federal court that is ever mandatory authority for any state court is the U.S. Supreme Court. Don't worry whether the lower federal court is interpreting and applying state or federal law. It doesn't matter. The only federal court that is mandatory for state courts is the U.S. Supreme Court.

Question 29

True or False: Decisions of a federal district court sitting in Utah, interpreting and applying federal law, would be mandatory authority for Utah state trial courts.

Answer 29

False. The only federal court that is ever mandatory for state courts is the U.S. Supreme Court.

Question 30

True or False: *note, Utah is in the 10th Circuit* Decisions of the U.S. Court of Appeals for the Tenth Circuit, interpreting and applying federal law, would be mandatory authority for all state courts in Utah.

Answer 30

False. It doesn't matter what law is being interpreted or applied. The only federal court that is mandatory for any state court is the U.S. Supreme Court.

Question 31

True or False: | The only federal court that is mandatory for state courts is the U.S. Supreme Court.

Answer 31

True.

Question 32

Chapter 2 Assessment Q True or False: West regional reporters contain cases decided by federal courts.

Answer 32

False. The West regional reporters (N.E., S.E., S.W., etc.) contain only state court cases. The West reporters containing federal cases are the Supreme Court Reporter, Federal Reporter, Federal Appendix, and Federal Supplement. Taken together, the various regional and federal reporters make up West's National Reporter System.

Question 33

Chapter 2 Assessment Q True or False: In the West reporters, the headnote text and the case synopsis are part of the actual court opinion.

Answer 33

False. The headnote and case text contain additional information and should not be quoted as if they were part of the opinion.

Question 34

Chapter 2 Assessment Q True or False: The West reporters generally contain opinions of the trial courts -- the non-appellate courts -- from the various states.

Answer 34

False. West regional reporters generally cover only the state APPELLATE courts -- but there are exceptions. The spin-offs to the regional reporters: the West New York Supplement and West California Reporter, both cover lower courts in those states.

Question 35

Chapter 2 Assessment Q True or False: There are no official reports for current federal courts of appeals or federal district court cases.

Answer 35

True. Oddly, there never have been -- and there still aren't -- official reports covering either federal courts of appeals or federal district courts. There are the West reporters, but they are not official.

Question 36

Chapter 2 Assessment Q True or False: You need not consult cases in the Federal Reporter 2d series because they are all superseded by cases in the Federal Reporter 3d series.

Answer 36

False. The 2d series still contains many cases that are good law.

Question 37

Chapter 2 Assessment Q True or False: The Federal Appendix contains federal district court cases of limited precedential value.

Answer 37

False. ***Most missed question of 2nd Assessment The Federal Appendix contains cases of limited precedential value. But the Federal Appendix covers the federal courts of appeals, NOT the federal district courts.

Question 38

Chapter 2 Region Reporter Q True or False: Illinois State Cases would be included in the 'North Eastern Regional Reporter' of West's system.

Answer 38

True. Map: https://goo.gl/MlU6D0

Question 39

Chapter 2 Region Reporter Q True or False: Kentucky State Cases would be included in the 'South Western Regional Reporter' of West's system.

Answer 39

True: Map: https://goo.gl/MlU6D0

Question 40

Chapter 2 | What is a characteristic of a US Supreme Court 'Per Curiam' decision?

Answer 40

Per Curiam is a decision by the court as a whole. The author is not identified.

Question 41

True or False: It is possible for secondary sources to be more persuasive than primary sources.

Answer 41

True. | from Mid-term Quiz

Question 42

True or False: Primary authorities are those statements or rules of law made by persons or groups empowered to declare what the law is.

Answer 42

True. | from Quiz 1

Question 43

True or False: Primary authorities are the laws themselves.

Answer 43

True. | from Quiz 1

Question 44

True or False: Secondary authorities are commentaries about the law.

Answer 44

True. | from Quiz 1

Question 45

True or False: These are all secondary sources: A. treatises B. legal encyclopedias C. legal periodicals D. cases from another jurisdiction

Answer 45

False. Cases are always primary source, even if they are not mandatory. (from Quiz 1)

Question 46

True or False: According to the doctrine of stare decisis, subsequent decisions by the Utah Court of Appeals should result in outcomes similar to those reached in earlier cases on the same point.

Answer 46

True. | from Quiz 1

Question 47

True or False: West regional reporters do not contain cases decided by federal courts.

Answer 47

True. The West regional reporters (N.E., S.E., S.W., etc.) contain only state court cases. The West reporters containing federal cases are the Supreme Court Reporter, Federal Reporter, Federal Appendix, and Federal Supplement. Taken together, the various regional and federal reporters make up West's National Reporter System. (from Quiz 2)

Question 48

True or False: In the West reporters, the headnote text and the case synopsis are not part of the actual court opinion.

Answer 48

True. You should never quote from the synopsis or headnotes as if they were part of the opinion. (from Quiz 2)