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35 Cards in this Set
- Front
- Back
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T/F: Primary Authority is not the law?
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False
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T/F: Secondary Authority is the law?
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False
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Why are legal encyclopedias the best place to start research?
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It is a source that provides background information on a large variety of topics
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What would you check if you were trying to find out to invoke an automatic stay for a bankruptcy proceeding?
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Start with a treatise, American Law Review (ALR), Legal Periodicals, or Form Books.
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Does Am. Jur. 2d contain a cross reference to the West Digital System?
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No because they used to be owned by Lexis.
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Does CJS purport to selectively include cases on a particular point of law?
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No, it includes every relevant citation.
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Is the Texas Jurisprudence the best place to look for a Texas case without a citation?
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No, to find a case look to the Texas Digest for Texas case citations.
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What do secondary authorities do?
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They lead you to primary authority and explain the law.
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Will the Annotation History Table help a researcher determine if a case is still good law?
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No, this is an updating material for the ALR, not cases.
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Legal periodicals are considered secondary authority, Why/Why not?
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Yes they are secondary authority because it is not the law, but about the law. They are useful for finding commentary and case citations on new legal topics.
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Is an ALR Annotations a good place to get a broad look at an area of law? Why/Why not?
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No because it is really a better place to look to one area of the law, not a broad area.
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What is the best online index for locating legal periodicals?
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Legal Trac (began in 1980)
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What it the print equivalent of Legal Trac?
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Current Law Index (CLI) and Index to Legal Periodicals.
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What is the most comprehensive and retrospective database for obtaining the full text of a legal periodical?
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HEINONLINE, it usually houses all periodicals form their first issue; Lexis and West don't usually have journal articles earlier than the 90s.
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What is the best place to start a search for a state case?
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State Digest, unless the state does not have a digest, then use the regional digest. (only NV and UT do not have a state digest)
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In bluebook, what section do you check for the court of last resort in a particular state?
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Table 1 in the back of the Bluebook.
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West's Regional Digest covers what?
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State cases
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What is the South Western Digest?
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It is a regional reporter that houses state cases.
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Federal Circuit cases are housed where?
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The Federal Reporter.
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How many Federal Circuits are there?
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11 numbered 2 by name, D.C and Federal.
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What does the Federal Supplement house?
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Federal District cases.
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What reporters are Supreme Court cases housed in?
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1. United States Reports (U.S)
2. Supreme Court Reporter (S. Ct) 3. Supreme Court Reporter, Lawyers Edition (L. Ed.) 4. United States Law Week (U.S.L.W.) |
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What type of authority is a Maine case in Texas? Why?
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It is a persuasive authority since it's from another jurisdiction.
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How are Federal Statutes published?
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Chronologically
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Where are Federal Statutes housed?
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Statutes at Large and United States Code Congressional & Administrative News (USCCAN)
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Where is the Federal Code published?
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1. USC, (Official, not annotated)
2. United States Code Annotated (USCA by West) 3. United States Code Service (USCS by LexisNexus) |
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How and where are Federal regulations first published?
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In chronological order in the Federal Register then in in topical order in the Code of Federal Regulations (CFR).
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What sources do you need to update a Federal Regulation?
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The CFR, LSA, and the Federal Register.
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Federal Legislative History is compiled in two paper sources?
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USCAAN published by West and the Congressional Information Service (CIS). The West set selectively includes legislative material and does not include everything.
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What set provides a citation to all available legislative material?
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CIS
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What sources are needed to pull the full text of federal legislative material?
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Microfiche or an online database.
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How do you determine if a case is still good law?
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Use a citator.
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What are the available citators?
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The print is called Shepards. The electronic versions are Shepards and Key Cite.
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In BlueBook, what Rules should you rely on for the Uniform System of Citations to properly cite state and federal cases?
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Rule 10, and Tables 1, 6, 7, 10.
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The phrase 'et al' must remain in all case names?
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No, per BlueBook rule 10.2.1(a).
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