LEGL-1320 (All Cards)

Question 1

What are the two main sources for computer assisted legal research?

Answer 1

Westlaw
Lexis/Nexis

Question 2

What type of legal research method uses terms and connectors?

Answer 2

Boolean searching

Question 3

How do you validate or update legal research?

Answer 3

Shepard’s
KeyCite

Question 4

Boolean root expander to find word variations with different endings

Answer 4

!
(exclamation point)

Question 5

Boolean symbol which finds single character variations
(i.e. - woman/women)

Answer 5

*
(asterisk)

Question 6

Boolean search command to find multiple words within the same sentence

Answer 6

/s

Question 7

Boolean search command to find multiple words within the same paragraph

Answer 7

/p

Question 8

Boolean search command to find a specific phrase

Answer 8

” “
(put specific phrase within quotes)

Question 9

Primary Authority includes:

Answer 9

Constitution
Statutes
Administration Regulations
Court Decisions (U.S. District, Court of Appeals, Supreme Courts)
Local Ordinances

Question 10

Secondary Authority includes:

Answer 10

Legal Dictionaries
Legal Encyclopedias
Restatements of the Law
Periodicals
Law Review Articles
Form Books
Treatises
Annotations
Jury Instructions
Practice Guide Series
Attorneys General Opinions
TAM - Tennessee Attorney Memo

Question 11

Primary Authority is always Mandatory
(True or False)

Answer 11

False:
Primary Authority can be Persuasive in other jurisdictions.

Question 12

Secondary Authority is never mandatory.
(True/False)

Answer 12

True

Question 13

Two MAIN Categories of Law:

Answer 13

Enacted Law
Case Law/Common Law

Question 14

Mandatory Authority ______ be followed.

Answer 14

MUST

Question 15

Persuasive Authority _____ be followed.

Answer 15

MAY

Question 16

Two Court Systems:

Answer 16

Federal
State

Question 17

Three levels of Federal Court System:

Answer 17

Trial Courts - U.S. District Court
Court of Appeals
U.S. Supreme Court

Question 18

Precedent is:

Answer 18

Earlier Court decision that applies to govern or guide a subsequent court in its determination of an identical or similar issue based on identical or similar facts

Question 19

Stare decisis is:

Answer 19

a basic principle that requires a court to follow a previous decision of that court or a higher court when the court decision involves similar issues and facts

Question 20

What cases are binding on all courts in the United States?

Answer 20

United States Supreme Court Cases.

Question 21

Federalism is:

Answer 21

the separation of powers between federal and state governments

Question 22

Proper names for Courts within our local Federal Court System:

Answer 22

Trial Court - United States District Court for the Eastern District of Tennessee, Northern Division
Court of Appeals - United States Court of Appeals for the Sixth Circuit
Supreme Court - United States Supreme Court

Question 23

Proper names for Courts within our local State Court System (including trial court of general jurisdiction in Knox County with jurisdiction of civil cases over $25

Answer 23

Trial Court - Circuit Court of Tennessee for the Sixth Judicial District at Knoxville

Court of Appeals - Tennessee Court of Appeals

Supreme Court - Supreme Court of Tennessee

Question 24

What principle means that federal law is supreme?

Answer 24

Supremacy Clause

Question 25

Jurisdiction is:

Answer 25

Extent of Court's authority to hear and resolve specific disputes.

Question 26

Personal Jurisdiction:

Answer 26

Court's jurisdiction over persons by geographical area (i.e. - boundaries of the state or matters that have some connection with the state).

Question 27

Subject Matter Jurisdiction:

Answer 27

Court's jurisdiction over subject matter by type of case.

Question 28

Concurrent Jurisdiction:

Answer 28

More than one Court has the authority to hear cases of the same subject matter.

Question 29

Removal is:

Answer 29

The process of sending a case from state court to federal court.

Question 30

True or False: A plaintiff can remove a case from state to federal court.

Answer 30

False

Question 31

If a plaintiff disagrees with a case being removed from state court to federal court

Answer 31

he can ask the court to ____ the case.

Question 32

The two types of cases that can be heard in federal court are:

Answer 32

1. Federal Question cases and 2. Diversity of Citizenship cases

Question 33

What is a federal question case?

Answer 33

A case based on a violation of federal law (may be the U.S. Constitution or a statute).

Question 34

Is there a requirement for the amount of damages in a Federal Question case?

Answer 34

No

Question 35

What are the two requirements of a Diversity of Citizenship case?

Answer 35

1. Claims involving two or more citizens of different states and 2. Amount in controversy exceeds $75,000

Question 36

Where is an individual domiciled?

Answer 36

Where they 1) reside and 2) intend to remain there indefinitely

Question 37

Where is a corporation domiciled?

Answer 37

1) State where incorporated and 2) State where principal place of business located

Question 38

What must be filed to ask the U.S. Supreme Court to review a case?

Answer 38

Writ of Certiorari

Question 39

Enacted Law includes:

Answer 39

All bodies of law adopted by the people or legislative bodies: Constitutions Statutes Ordinances Regulations

Question 40

Statutes may also be called:

Answer 40

Acts Codes Ordinances (if local)

Question 41

What does a Constitution do?

Answer 41

Sets forth the fundamental law for a nation or a state.

Question 42

What is a Statute?

Answer 42

A law or an act of a legislature declaring

Question 43

What is the official government publication for Federal Statutes?

Answer 43

U.S.C. - United States Code

Question 44

What does U.S.C.A. state for?

Answer 44

United States Code Annotated

Question 45

What does U.S.C.S. state for?

Answer 45

United States Code Service

Question 46

Initial publication of a federal statute.

Answer 46

Slip Law

Question 47

Federal Statutes published chronologically at the end of a congressional session.

Answer 47

Statutes at Large

Question 48

Federal statutes (or codes) are printed in what three publications?

Answer 48

U.S.C. U.S.C.A. U.S.C.S

Question 49

How are code books updated?

Answer 49

pocket parts

Question 50

How can you tell if a statute applies to a situation?

Answer 50

Identify the required elements of the statute

Question 51

Tennessee statutes are found in:

Answer 51

Tennessee Code Annotated

Question 52

How is Tennessee Code Annotated cited?

Answer 52

Tenn. Code Ann.

Question 53

Initial publication of state statutes.

Answer 53

Session Laws

Question 54

The process of determining how the law applies to a problem:

Answer 54

Legal Analysis

Question 55

What is an issue?

Answer 55

The legal question.

Question 56

What does IRAC stand for?

Answer 56

Issue Rule Analysis Conclusion

Question 57

Case law is also called:

Answer 57

Common Law

Question 58

Are all cases published?

Answer 58

NO.

Question 59

Where is case law published?

Answer 59

Reporters

Question 60

What is the official reporter for the U.S. Supreme Court?

Answer 60

United States Reports (U.S.)

Question 61

What are the two unofficial reporters for the U.S. Supreme Court?

Answer 61

Supreme Court Reporter (S. Ct.)United States Supreme Court Reports, Lawyer's Edition (L. Ed.)

Question 62

Where are cases from the United States Court of Appeals published?

Answer 62

Federal Reporter (F.)

Question 63

Where are cases from the United States District Courts published?

Answer 63

Federal Supplement (F. Supp)

Question 64

Does Tennessee have an official reporter?

Answer 64

NO

Question 65

Where are Tennessee state cases published?

Answer 65

South Western Reporter (S.W.)

Question 66

What are the components of a case opinion?

Answer 66

Facts Judicial History Issues Rules Analysis Decision

Question 67

How many Federal Judicial Circuits are there?

Answer 67

13

Question 68

How many regional reporters are there in the National Reporter System?

Answer 68

7

Question 69

Are state trial-level decisions reported in the National Reporter System?

Answer 69

NO

Question 70

What is the first printing of an opinion?

Answer 70

Slip opinion

Question 71

What is an index of cases?

Answer 71

Digest

Question 72

What is an opinion?

Answer 72

Court's written decision.

Question 73

Publishes selected appellate court decisions

Answer 73

including objective essays relating to legal issues.

Question 74

Two main legal encyclopedias?

Answer 74

C.J.S. (Corpus Juris Secundum) Am. Jur. 2d (American Jurisprudence 2d)

Question 75

Categories of Legal Periodicals:

Answer 75

Law school publications Bar association publications Legal newspapers and newsletters

Question 76

Text written by legal scholars that focuses on one topic of law:

Answer 76

Treatise

Question 77

Publications of the American Law Institute designed to restate legal doctrine in a clear and simple manner:

Answer 77

Restatements

Question 78

One-volume legal treatise

Answer 78

written primarily for law students

Question 79

Where do Administrative Rules and Regulations come from?

Answer 79

They are enacted by federal agencies.

Question 80

What two functions do administrative agencies perform?

Answer 80

They act as a legislature by implementing rules and regulations

Question 81

The first official source in which federal regulations appear - as they become final - chronologically.

Answer 81

Federal Register (Fed. Reg.)

Question 82

The second official source where federal regulations appear - annual publication - arranged by subject.

Answer 82

Code of Federal Regulations (C.F.R.)