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24 Cards in this Set
- Front
- Back
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True
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Once you have determined Jurisdiction-then you must find the current law that applies to the case? T or F.
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True
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To determine what law applies to your case, you must determine the "hierarchy of authorities."
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Mandatory Authority
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This kind of authority is from/within your Jurisdiction(usually your state/fed court)
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Non-binding Authority
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To arrive at a responsible solution the court will use the best authority it can find-it may be "persuavive authority from another state or Jurisdiction.
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Primary Authority
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This type of Authority is generated by a gov. body-cases decided by any court and/or constitutions,statutes, ordinances and charters.
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True
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Mandatory and non-binding is part of Primary Authority?
T or F |
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Secondary Authority
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This kind of authority include law review articles, treatises, legal periodicals,American law reports, dictionaries and encyclopedias.
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Dicta
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The courts remarks, opinions or remarks that exceed the scope of the issues and not directly presented by the parties?
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Stare decisis
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This means that the same rule be applied in future cases w/identical fact situations and when the lower courts must follow decisions of higher courts in their Jurisdiciton?
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Slip Opinion
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This is the first printed version of a Judge's decision and generally a set of typed pages?
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True
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Sometimes the Slip Opinions is the only report of a court's action and never/not yet published? T or F?
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Advance Sheets
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These sheets contain a booklet of slip opinions when they are released?
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Shepard's
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1. Found on lexis.com
2.Provides a list of parallel citations/history of case 3.Indicated whether the case has been appealed/results of appeal 4.Ensures if the case is current/validating law |
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Legal Dictionary-Black's Law dictionary
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What kind of dictionary is Blacks which is available on Westlaw?
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Treatises
(secondary Authority) |
These are...
1.Scholarly works 2.multivolume set that examine one legal topic w/details |
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Hornbooks
(secondary Authority) |
Written by a scholar and used as a reference guide for law students to provide an overview of a single legal topic?
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Restatements of Law
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This is published by the American Law Institute and provide a source of secondary authority on different areas of law found on Lexis/Westlaw?
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Legal Periodicals
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These are secondary sources such as...
1.academic law reviews 2.bar journals 3.periodicals 4.legal newspapers |
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What are the top 3 Legal Research Databases?
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1.LexisNexis
2.Westlaw 3.Loislaw |
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What are the benefits of online research databases?
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1.Sources are available thru a single computer terminal
2.never off shelf of checked out 3.Most likely up to date 4. No nd to travel to Library |
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What are the "Disadvantages" of online research?
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1. Cost-can be expensive
2.Need to develop a special skill to research effectively |
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What are the top 3 Legal Research Databases?
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1.LexisNexis
2.Westlaw 3.Loislaw |
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What are the benefits of online research databases?
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1.Sources are available thru a single computer terminal
2.never off shelf of checked out 3.Most likely up to date 4. No nd to travel to Library |
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What are the "Disadvantages" of online research?
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1. Cost-can be expensive
2.Need to develop a special skill to research effectively |
