Flashcards in Legal Research Final Deck (31)
Where are statutes generally located?
When do you use Parallel Citations?
When Court Rules require it
What are Parallel Citations?
Two or more sources or reporters referencing the same case
Who creates statutes?
Name the sources you would find a Federal Statute
USC, USCA, USCS
Where can you find US Supreme Court cases (source)?
U.S Supreme Court Reporter
How are Codes arranged?
How are Reporters arranged?
What is the brief paragraph about a point of law written by West called?
What is an initial individual law called?
A slip sheet or law
What is the book called that contains all the laws enacted in a certain time frame before being published in the code?
What does annotated mean (in regard to a source)?
That it is indexed, has summaries, headnotes, and supplemental information for research.
Who creates cases?
What type of authority are they?
Mandatory v. Persuasive
Mandatory - Precedent that must be followed - court decisions made within the same jurisdiction.
Persuasive - court decisions from lower courts or other jurisdictions that can be used for argument but do not have to be followed.
Official v. Unofficial Reporters
Official is published by state or gov't and usually take longer to compile and publish.
Unofficial - Commercially published and contains annotations like headnotes, summaries, historical information and helpful research tools.
Which reporter will you find the federal trial court cases?
Federal Supplement (F Supp)
What is a digest of cases & how are they organized?
Finding tool - books with cases arranged by topic or subject.
What are the point of reference connections between a case published in a case reporter and a digest?
The Headnote is the point of connection.
Which West Digest cover the cases from the Mass Courts of Appeal?
What information in a Shepard's Citation list is critical to know or follow up on?
Finding negative references - like "o" for overturned.
Which Shepard's Citations would you use to find a Mass Courts of Appeal case ?
Shepard's Mass Citations
When citing a case in an interoffice memo what goes in the parentheses next to the year?
The Court it was heard in and then the year - NO COMMA)
How do you cite Article 14 of the Mass Constitution?
Mass. Const. art. 14.
Citation of 14th Amendment of the US Constitution?
U.S. Const. amend. XIV.
When citing updated information from a supplement where does that information go?
In parentheses at the end of the citation with the reporter and copyright year first with a & Supp. with the pocket part year.
First paragraph after the case header in a reporter is called what?
The summary or syllabus
What is difference between a stand alone citation and an in text citation?
The stand alone can be abbreviated and includes full bluebook citation - An in text citation or parenthetical includes the case name with ltd abbreviations, the reporter and then the year in parentheses (NO COURT)
What are the head note "headers" called?
Topic & Key