Legal Research Final Flashcards

Study (31 cards)

1
Q

Where are statutes generally located?

A

The Code

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2
Q

When do you use Parallel Citations?

A

When Court Rules require it

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3
Q

What are Parallel Citations?

A

Two or more sources or reporters referencing the same case

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4
Q

Who creates statutes?

A

The Legislature

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5
Q

Name the sources you would find a Federal Statute

A

USC, USCA, USCS

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6
Q

Where can you find US Supreme Court cases (source)?

A

U.S Supreme Court Reporter

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7
Q

How are Codes arranged?

A

Topically

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8
Q

How are Reporters arranged?

A

Chronologically

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9
Q

What is the brief paragraph about a point of law written by West called?

A

A Headnote

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10
Q

What is an initial individual law called?

A

A slip sheet or law

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11
Q

What is the book called that contains all the laws enacted in a certain time frame before being published in the code?

A

Session Laws

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12
Q

What does annotated mean (in regard to a source)?

A

That it is indexed, has summaries, headnotes, and supplemental information for research.

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13
Q

Who creates cases?

A

The Judiciary

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14
Q

What type of authority are they?

A

Primary

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15
Q

Mandatory v. Persuasive

A

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.

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16
Q

Official v. Unofficial Reporters

A

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.

17
Q

Which reporter will you find the federal trial court cases?

A

Federal Supplement (F Supp)

18
Q

What is a digest of cases & how are they organized?

A

Finding tool - books with cases arranged by topic or subject.

19
Q

What are the point of reference connections between a case published in a case reporter and a digest?

A

The Headnote is the point of connection.

20
Q

Which West Digest cover the cases from the Mass Courts of Appeal?

21
Q

What information in a Shepard’s Citation list is critical to know or follow up on?

A

Finding negative references - like “o” for overturned.

22
Q

Which Shepard’s Citations would you use to find a Mass Courts of Appeal case ?

A

Shepard’s Mass Citations

23
Q

When citing a case in an interoffice memo what goes in the parentheses next to the year?

A

The Court it was heard in and then the year - NO COMMA)

24
Q

How do you cite Article 14 of the Mass Constitution?

A

Mass. Const. art. 14.

25
Citation of 14th Amendment of the US Constitution?
U.S. Const. amend. XIV.
26
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.
27
First paragraph after the case header in a reporter is called what?
The summary or syllabus
27
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)
28
What are the head note "headers" called?
Topic & Key
29
Where is the citation of a case in the reporter? (not Bluebook!)
Above the case name in small letters.
30
What is star paging
It is the symbol & page of the parallel citation