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39 Cards in this Set
- Front
- Back
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What's the fourth source or law?
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Administrative Regulations
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Decisions of state appellate courts when adjudicating that state’s laws are mandatory authority for lower courts over which it ______.
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exercises review
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When will courts apply law from a different jurisdiction? (4 situations)
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1) Diversity jurisdiction and the amount of controversy is high enough.
2) Federal court has power to decide a case arising in part under state law and part under federal law. 3) Congress has given state courts concurrent jurisdiction over certain federal claims. 4) In deciding questions of contract law, if the K identifies the laws of a different state as governing. |
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3 Steps of publishing federal law.
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1) Separate document
2) As part of a chronological listing of laws passed in that congress. 3) By subject matter when placed in the code. |
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"Public Law 102-46"
What does 102 refer to? What does 46 refer to? |
102: congress
46: 46th law passed |
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25 Stat 471
25: _____ Stat: ________ 471: _________ |
25: volume
Stat: United States Statutes at Large 471: page # |
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What is the name of the official code containing federal laws?
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U.S.C.
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What are the names of two unofficial codes?
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U.S.C. Annotated
U.S.C. Service |
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Three types of commentary:
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Encyclopedias
Treatises Periodicals A.L.R. Annotations Restatements |
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How to look up a statute by its popular name?
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"Popular Names volume at the end of USC, USCA, and USCS.
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How can you do a search for an ALR publication?
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Click on "WestlawNext" and start typing "Amer..."
Blue box appears. (Same with secondary sources) |
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The two general legal encyclopedias:
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American Jurisprudence, 2nd ed.
Corpus Juris Secundum |
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A case published in the National Reporter System has:
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The heading
A synopsis of the opinion Numbered paragraphs that summarize key points within the opinion. Topic and key numbers The names of the attorneys and judges The court’s opinion |
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"The original case"
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The case being keycited or shepherdized
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"Citing case"
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Cites the original case
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"Direct history" means opinions that are part of the same ______.
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Litigation
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"Indirect history"
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Cases from different litigation that cite the original case.
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"Prior history"
"Subsequent history" |
Earlier parts of the direct history.
Later parts of the direct history. |
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In Keycite, what does a blue "H" mean?
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The case has direct history.
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In Keycite, what does a green C mean?
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The case has citing references but no direct history or negative treatment.
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"Search within Results" box in WestlawNext requires a ___________ search.
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"Terms and Connectors"
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Two purposes of citators:
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still good law?
reference other sources |
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How to use WestlawNext headnotes to find other relevant cases:
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Click on the relevant description of a topic subdivision. Retrieve other Headnotes classified under the same topic subdivision. Click on the title of a decision.
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Four categories to generate search terms:
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Parties involved
Places and things involved Potential claims and defenses Relief sought |
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Three types of authority
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mandatory, secondary, persuasive
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5 types of secondary authority
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Legal Encyclopedias
Treatises Legal Periodicals American Law Reports Restatements |
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If you follow a "legal issues trail" in Lexis Advanced, what will you find?
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Cited decisions and citing decisions.
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The three sections into which a Shepard's report is divided:
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Appellate History (i.e. direct history)
Citing Decisions (i.e. indirect history) Other Citing Sources |
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For searching many libraries' bibliographies:
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OCLC World Cat
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Three print sources to locate A.L.R. annotations:
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A.L.R. Index
A.L.R. Table of Laws, Rules and Regulations West’s ALR Digest |
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What source will let you determine if a given statute, decision, or regulation is references in an A.L.R. annotation?
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A.L.R. Table of Laws, Rules and Regulations
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What source will let you find possible A.L.R. annotations using topic and key numbers?
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West’s ALR Digest
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3 parts of a Restatement section:
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1) Black Letter
2) Comment section and illustrative hypos 3) Reporter's Notes |
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Where can you find most of the Uniform Laws and Model Acts?
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Uniform Laws Annotated, Master Edition
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What source would help you locate a uniform law or model act on a given subject?
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Directory of Uniform Laws and Codes
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Two major print indexes for legal periodicals:
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Index to Legal Periodicals and Books
Current Law Index |
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Two electronic indexes for legal periodicals:
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Index to Legal Periodicals
Index to Legal Periodicals Retrospective |
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What source will search the indexes and tables of contents of thousands of legal treatises?
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INDEX MASTER!
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What source will tell you if a given A.L.R. annotation has been superseded?
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Annotation History Table
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