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77 Cards in this Set

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  • Back
What are the journalistic questions to ask in developing research terms? What does the mnemonic TARP stand for? How are these methods helpful in initiating your research?
Who? What? Why? How? Where? When?
Things, Actions, Remedies, People, and Places.
These methods help ensure that you generate the terms that will lead you to law that is on point
What is mandatory authority?
Mandatory authority is binding on the court that would decide a conflict if the situation were litigated.
Give two examples of mandatory authority assuming your client's problem arose under Oregon state law.
Oregon Constitution, Oregon's Statutes, Oregon Supreme Court Opinions
What is persuasive authority?
Persuasive authority is not binding, but may be followed if relevant and well reasoned.
Give tow examples of persuasive authority assuming your client's problem arose under California state law.
Oregon Statutes, Oregon Supreme Court Decisions
What are the Oregon State trial courts called?
Circuit Courts
Where would you find opinions from Oregon's state trial courts?
You would have to get the case docket number and go to the actual courthouse to get the case.
How many judges are there on the Oregon Court of Appeals?
How many judges are there on the Oregon Supreme Court
Is a state "supreme court" always the highest court in that state?
No, New York's Appellate Court is its highest court
Give the names of the following courts in the federal system; trial courts, intermediate appellate courts, and highest appellate court.
United States District Court, United States Court of Appeals, and United States Supreme Court.
What circuit is Oregon in?
Ninth Circuit
How many federal districts are there in Oregon?
Name the federal district in Oregon.
District of Oregon
What is the difference between "holding" and "dicta"?
A holding is what the court decreed or adjudicated, while dicta is the reason behind the ruling.
What is the official reporter for Oregon Supreme Court cases?
Oregon Reports
What is the official reporter for Oregon Court of Appeals cases?
Oregon Reports, Court of Appeals
Which unofficial reporter also contains these cases?
Pacific Reporter
What is the difference between the slip opinions available on the Oregon Supreme Court's website and opinions reported in Oregon Reports?
The slip opinion is the actual document produced by the court. This means that it does not have the editorial enhancements like in the Oregon Reports
How would you use either Lexis or Westlaw to find a case when you have a citation.
I would type in the the reporter volume, which reporter, and then which page.
In which reporter(s) are cases from the federal Supreme Court published?
United States Reports (official), Supreme Court Reporter, United States Supreme Court Reports, Lawyers' Edition
In which reporter(s) are cases from the federal appellate courts published?
Federal Reporter
In which reporter(s) are cases from the federal trial courts published?
Federal Supplement
What types of cases are reported in Federal Rules Decisions?
Cases that analyze federal rules of civil and criminal procedure.
What are headnotes?
A headnote is a sentence or short paragraph that sets out a single point of law in a case.
How can headnotes help you locate the relevant part of a case?
It helps you find the point of law you are looking for in a case faster.
Why aren't headnotes authoritative?
Because the only thing that is authoritative is that actual opinion itself.
What is a docket number? When is it helpful in research?
The docket number is a number assigned to the case by a court. It is helpful when you want to locate the parties' briefs, a court's orders, or other documents related to the case.
What is a reporter "advance sheet"?
They are softbound booklets which make cases available sooner, they are usually published every two weeks.
What is included in a reporter's "advance sheet"?
Cases from the Supreme Court and the Court of Appeals.
Is the pagination in the advance sheet different from that in the hardbound reporter?
The pagination is the same as in the hardbound reporter.
What is a regional reporter?
Regional Reporters publish and combine several court's opinions.
Give two examples of regional reporters.
Pacific Reporter, and North Eastern Reporter.
What are parallel citations?
Citations to other reporters that have published the same case.
How is the publisher's synopsis helpful in researching cases?
It can quickly tell you if the case you are reading is on point.
If your research has revealed many cases that address the issue you are researching, what criteria might you rely on to determine which cases to include in a memo?
Similar Facts
If the Case applies to Law on Point
Same Jurisdiction,
Supreme Court vs. Appellate Court,
Which case is more recent
If the case has been overturned
How do you find an Oregon Statute relevant to a particular research project? Explain the process, using ORS in print.
1. Generate a comprehensive list of research terms. 2. Look up these research terms in the index of Oregon Revised Statutes to find references to relevant cases. 3. Locate, read, and analyze the statutes in the main volumes. 4. Refer to the Annotations volume to find citations to cases that interpret or apply statutes. 5. Read relevant cases.
Which volume of ORS contains cases interpreting an Oregon Statue? Explain the process of using that volume.
The last volume of ORS which is entitled Annotations. 1. Look up the statute under "Notes and Decisions", 2 write down the citation number of the relevant cases, 3, look them up in the reporter.
What is the difference between the "Quick Search Index" and the complete ORS index?
The "Quick Search Index" includes popular names of statutes, Terms defined by statute, and Subjects that are frequently searched. The Complete ORS index contains all the terms.
How often does the Oregon Legislature meet in regular session?
every other year
How often is ORS reprinted?
Every Odd year, same as the legislature meets.
How often is the ORS annotations volume printed?
Yearly, and it is cumulative since 1971.
For statutes in ORS, what types of information are provided in source note brackets?
Source note brackets state when the statute was enacted, amended, or repealed.
Explain the process of using West's Oregon Revised Statutes Annotated in print to research Oregon Statues and related authority.
Generate a list of research terms, look in the index, look up in the main volumes, then look in the pocket parts, which is updating. You would pick WORSA because there are more annotations, therefore it is quicker.
Compare ORS and WORSA regarding the method and timing of updating statutes and annotations.
WORSA's bound volumes are updated by pocket parts and ORS is updated every two years.
What is the "United States Code"?
The official text of federal statutes.
What are the two annotated codifications of United States statutes?
The United States Code Annotates U.S.C.A, and the United States Code Service U.S.C.S
Explain how the "Analysis" outline is helpful in digest research.
It gives you a better idea, or overview of a specific area of law.
If you had a case that was on point in Idaho, buy you needed to research the issue under Oregon law, how would you do so using a digest?
Make a list of relevant topic and key numbers from the Idaho numbers, then go to Oregon digests, and select, based on the Idaho topic and key numbers, the correct digest. You could then find the Oregon cases that presumably would be on point, similar to the Idaho cases.
If your research reveals many cases on point, what criteria do you apply in selecting the ones you will cite in your memo?
Jurisdiction, Similar Facts, and Most recent
Explain the meaning of each of the following Shepard's terms:
Cited Source =
The case to be Shepardized
The authorities listed in Shepard's sitatory that refer to the case I am Shepardizing.
History =
History cases are the first cited source listed. They indicate what happened to the case as it proceeded through the judicial system.
Treatment =
Cases which cite to the case I am shepardizing, but treatment cases involve different parties and different facts.
The letters below represent what words in Shepard's print volume? Explain the meaning of the word and its impact on your research.
d =, e =, f =, o =, j =, r =
d = distinguished
e =
f = followed
o = overruled
j =
r = reversed
Assuming you are updating the Jackson case and you see a red stop sign or a red flag next to one of the citing references. What significance does that have for the Jackson Case?
No significance to the Jackson case, just the citing reference.
Assume you are updating the Brown case and it has a red stop sign or a red flag next to it. What do you do?
You need to read Brown to understand what part of the rule was overruled. But usually, this is a bad sign.
List two advantages of using print rather than on-line updating.
Cost efficient, and there is less chance that you will get mixed up when reading the cases.
What is the benefit of updating early in your research?
You don't waste time reading cases, or citing cases that have been overruled, or have negative treatment.
What is the benefit of updating authorities just before you end your research?
You make sure that your authorities are still good, that you didn't make any mistakes, and that the law you are citing is good law.
If you are working under time constraints and your case has been cited numerous times, how can you reasonably limit the citing sources that you read?
Sort by jurisdiction
By Date,
Headnote Numbers,
and by court, or jurisdiction
What are tow fundamental types of information researchers generally expect to find in secondary sources?
Aids in Comprehending Legal Issues, and primary sources found in the footnotes that will aid in research.
What is the general process for finding material in a secondary source in print?
1. Generate a list of terms. 2. Search your library's catalog for the location of relevant secondary sources, 3. Search the index of a secondary source. 4. Find the relevant portion in the main volumes. 5. Update the secondary source, if possible. 6. Read primary authority.
What determines the authority of a secondary source?
5 factors
Who published it,
The author,
The dept of the analysis,
The date of the publication
Whether the article has been cited else where.
What are two major encyclopedias of American Law?
Corpus Juris Secundum, and American Jurispurdence, Second Edition. Their abbreviations are C.J.S and Am. Jur. 2d.
How do you update the information in an encyclopedia's main volume?
Pocket Parts in the back of the encyclopedia sometimes offer updated information.
List two finding tools for locating articles in legal periodicals.
Footnotes, and Notes
How can articles in legal periodicals contribute to your research?
Legal periodicals can provide a thorough understanding of current law because the authors often explain the existing law before making their recommendations.
How do you update periodical articles?
Periodical articles are not updated in the usual fashion, but you can find out whether an article has been cited favorably or unfavorably by using Shepard's Law Review Citations or an on line updating service.
What is a treatise?
A book on a legal topic that provides a deeper discussion and more relevant reference than might be found in an encyclopedia entry.
Give a specific example of a treatise, noting the author and title.
Oregon Evidence by Kirkpatrick
How would you find a treatise in Oregon's law library?
Use a library catalogue and search for the general research terms. Ask a senior attorney, or a reference librarian.
What is the full title of A.L.R?
American Law Reports
Who writes A.L.R annotations?
Law professors, judges, practitioners, and students.
How authoritative are annotations?
Since they are written by lawyers, they are persuasive authority.
How do you update an A.L.R. annotation?
A.L.R. annotations are updated with pocket parts.
If you are researching a problem and no sources reveal any helpful authority on point what should you do?
Expand your research terms, Consider persuasive authority, also you could talk to a senior attorney, or a reference librarian.