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Research Quiz Flashcards

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1
Q

What type of source do attorneys most commonly use to search for PRIMARY authority?

A

secondary sources

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2
Q

when looking to focus on a specific topic within a statute or regulations, it is best to refine search using

A

index

wouldnt use keyterms because need to know EXACT wording

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3
Q

the most recent on-point cases from the highest court in your jurisdiction carry the most weight because they ____ older cases

A
  • expand
  • explain
  • slightly alter
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4
Q

headnotes (lexis v westlaw)

A
  • cant be cited
  • Lexis: direct quotations from an opinion
  • Westlaw: paraphrase a point of law, done by attorney
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5
Q

reporter

A

series of books that contain judicial opinions from a selection of case law decided by courts

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6
Q

code

A

collection of individual statutes for a state or country organized by subject

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7
Q

statute

A

individual law or section of code; code section is more synonymous

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8
Q

which statute preempts the other? state or federal?

A

federal

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9
Q

citators include

A

shepard’s
keycite
bcite

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10
Q

citators should be used

A

to check every case you rely on

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11
Q

citators

A

tool that helps determine what has happened to a case, statute, regulation after it was released

establishes validity of resource, expands legal research

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12
Q

red stop sign (lexis)

A
  • indicates that case is NO Longer good law for at least one point discussed in case
  • Doesn’t mean that case is bad law but you want to be careful with it
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13
Q

yellow triangle (lexis)

A

possible negative treatment is indicated

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14
Q

green sign (lexis)

A

positive treatment is indicated and other cases have used this a good case law

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15
Q

Q sign (q in a orange box, lexis)

A

validity is quested by citing references

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16
Q

red exclamation (lexis)

A

strong negative treatment for shepardized section

negative treatment indicated for statute

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17
Q

blue A

A

citing references contain neither negative nor positive treatment

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18
Q

blue I

A

citing reference are available for your case BUT the reference do not have history or treatment analysis

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19
Q

Red flag (westlaw)

A

no longer good law for at least one of the points

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20
Q

blue-striped flag

A

some negative history BUT has not been reveresed or overruled

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21
Q

should yellow triangle or yellow flags be cited

A

ONLY IF you can confirm that the negative treatment is NOT relevant to the portion you are citing

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22
Q

should red stop signs or red flags be cited

A

no, never

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23
Q

who codes citators

A

editors

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24
Q

what characterizes the status of a case in the same manner

A

citators

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25
are codes and statutes the same?
NO, the are DIFFERENT
26
legal treatise
legal publication containing all the law related to a particular topic written by legal experts
27
legal treatise
legal publication written by legal experts containing all the law related to a particular topic
28
Restatement of the law
detailed statements of the CL of the US on a variety of topics, written and update by well-known legal scholars
29
" "
exact phrase
30
and (&)
2 or more words anywhere in document
31
or
include one or more words
32
and not
exclude documents containing the word or phrase make sure you put last otherwise unusual results may manifest
33
/n w/n; near/n
first word within "n" words of the second
34
/n w/n; near/n
first word within "n" words of the second | 1 -255
35
!
word variation ex. bank! bank, banks, banking, banker, bankruptcy
36
/p
within same paragraph
37
segment examples (lexis)
off to the side... provide segments of different cases
38
annotations
how courts have interperted code note, summary, or commentary on some section of a book or a statue that is intended to explain or illustrate its meaning Will show you cases that are interpreting the code you are looking at
39
Notes to decisions
notes from case … this will take you to cases and statues relating to the topic you are researching
40
Notes to decisions
notes from case … this will take you to cases and statues relating to the topic you are researching
41
what kind of system is the US
CL system
42
ravel view
shows you how the cases in search results connect and which are most influential to the issue you are searching (in the state/s)
43
what can you see w shepardizing
1. appellate history 2. citing decisions 3. other citing sources (law review articles, annotated statutes, treatises etc) 4. table of authorities
44
"shepardize - narrow by this headnote"
list all cases that cite your case in reference to the point of law stated in that headnote
45
Table of authorities
help determine current foundational strength of a case. What if your case relies on a case that is no longer good law?
46
legal digest
pretty common primary source used by attorneys Complies summaries of points of law from cases and those summaries are then organized by topic. The summaries are also subdivided by jurisdiction and court
47
Overruling risk (WL)
can let you see the areas of the document that are most likely to be overruled
48
orange triangle (WL)
doc may no longer be good because of its reliance on an overruled decision
49
what steps to take when building a research strategy
1. analyze the situation 2. gather key search terms 3. search secondary sources 4. find primary authority 5. validate and expand your research
50
case note (Lexis)
editorial enhancements that provides a list of cases related to the statute by topic
51
when researchign statutes keep in mind
jurisdiction table of contents annotations
52
Examples of secondary sources
``` american law reports practice guides legal encyclopedias law reviews and journals treatises ```
53
+s
first search term must be before the second search term in the same SENTENCE
54
+p
first search term must be before the second search term in the same PARAGRAPH
55
%
but not
56
+n
search term must be before the second search term by n terms
57
#
prefix to turn off plurals and equivalents
58
If you find yourself in a particular section of a statute that is relevant but not the section that is directly on point, how do you find other relevant code sections?
Two ways you can search from you where you are: 1. Hit table of contents and you will get a drop down OR 2. Hit previous and Next arrows to go between sections
59
If you’re in Lexis Advance and viewing a particular statute, where you would you go to see cases that have interpreted that statute?
notes of decisions
60
whats a good place to get a general overview of an area of law
2* sources like ALR Mass practice series encyclopedia
61
Where do you find the amendment dates for a statute on Westlaw?
Credits section at the end of the statute text
62
3 primary pre-search filters
jurisdiction type of authority subject area
63
What secondary source provides a comprehensive analysis on legal issues written by experts in their field?
ALR!
64
How do you know if a case is still good law ?
- no red flags | - hasnt been suspended, overruled, or reversed
65
In Westlaw , when reviewing a statute, where you would you find relevant cases on point?
notes of decisions
66
In Westlaw, when reviewing a statute where would you find recent law review articles that discuss the statutes?
Citing references – limited to secondary sources.  
67
What is WESTLAW answers?
- Authoritative answers to common questions | - Limited to jurisdiction

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