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80 Cards in this Set

  • Front
  • Back

Am Jur

Legal Encyclopedia

Am. Jur. 2d leads the researcher to primary authority through:

Footnotes

In order to update the main volumes, Am. Jur. 2d provides:

Pocket Parts

The index to Am. Jur. 2d will provide the researcher with

topic and section numbers

A.L.R. stands for

American Law Reports

When researching in A.L.R. , one should begin in

the index for A.L.R. 2d-5th & Fed

A.L.R. contains

selected full court opinions & annotations

A.L.R. is generally considered what kind of authority:

secondary

Which of the following would be mandatory authority for the Florida Supreme Court

Smith v. Jones, 298 U.S. 467 (1967)

Which of the following would be mandatory for the 11 Cir. Court of Appeals:

Smith v. Jones, 298 U.S. 467 (1967)

Which of the following would be mandatory for the North Carolina state trial court

BothSmith v. Jones, 298 U.S. 467 (1967) & Us v. Them, 482 N.C. 934, 927 S.E. 2d14 (1999)

Which of the following would be mandatory for the U.S. District Court, Southern District of Ohio:

NeitherSmith v. Jones, 574 F. Supp. 383 (S.D. Ohio 1967) Nor Us v. Them, 282 Ohio 934, 527 N.E. 2d 14 (1979)

Which of the following would be mandatory for the Florida Court of Appeals:

Both Smith v. Jones, 298 U.S. 467 (1967) & Us v. Them, 469 So. 2d 154 (Fla. 1999)

Which of the following would be mandatory for the U.S. 11th Circuit Court:

Smith v. Jones, 298 U.S. 467 (1967)

Which of the following would be mandatory for the Texas Supreme Court

Smith v. Jones, 298 U.S. 467 (1967)

Which of the following would be mandatory for the California Supreme Court:

Smith v. Jones, 298 U.S. 467 (1967)

These are short numbered paragraphs at the beginning of an opinion. They are usually found in unofficial reporters, and may not be quoted:

headnotes

These are soft bound pamphlets come out prior to the hard bound reports and reporters:

advanced sheets

This is a legal treatise:

restatements

This is the research system originally created by West Publishing Company:

key number system

This would be a good publication to locate an article in a legal journal:

index to legal periodicals

C.J.S is a

legal encyclopedia

When researching in the main volume of C.J.S. under Rape 691, where would you check the pocket part

Rape 691

C.J.S. leads the researcher to other forms of authority through

footnotes

C.J.S. is generally considered what kind of authority

secondary

Digest are primarily published by

west

The research tool utilized by digests is the

the key number system


Digests generally lead the researcher to

cases

Digests are generally considered what kind of authority

non-authority

When researching in secondary authority, one should generally start in

the index

A law book that acts as an index to case law is

a digest

A law book by a private individual on a specific single topic is

treatise

In which of the following books would the researcher never begin a research project:

shepard's

Regional reporters contain:

full opinions of the court

A paralegals goal when researching is to

find all relevant authority

Which of the following is considered “validation research”:

shepard's

The raised (or superior) number in citations provided by Shepard’s refers to:

headnotes in the CITED case

Notations on the left hand column in Shepard’s are called:

history or treatment notations

Which of the following is a function of Shepard’s

acts as a case finder

The case being Shepardized is considered the:

the cited authority

A paralegal is allowed to:

give non-legal advice

For a paralegal to provide legal advice to the public would most likely be to engage in:

the unauthorized practice of law

Communication between a paralegal and the client is protected by the

attorney/client privilege

A written statement where one swears under oath that a party (or witness) has been served documents is called:

an affidavit of cervice

A reasonable basis to believe that a person has commode a crime:

probable cause

When the accused and the prosecutor in a criminal case negotiate a disposition of the case

plea bargain

This level court has only one judge

trial court

Jurisdiction over the person

in personam

This is the appellate court for federal actions:

U.S. Circuit Court

Jurisdiction over property even though the property is not the controversy

quasi in rem

Which of the following documents are typically not filed with the court:

discovery documents

Jurisdiction over the controversy is

in rem

A claim by one co-defendant against another co-defendant:

cross claim

When the entire court hears the case:

en banc

When a jury or judge finds the defendant not guilty

acquittal

The rule establishing that a criminal defendant may not be tried twice for the same crime:

double jeopardy

This level court hears evidence:

trial

This level court may have a jury

trial

This level court reviews lower court records

appellate

The physical location of the trial

venue

Which of the following contains a claim made by one party against another:

counterclaim

Which of the following contains a claim made by one party against another

complaint

When must a court be provided for in the parentheses of a citation:

when a reader can't tell the court by the publication

This kind of evidence does not require inference:

direct

Which of the following can be admissible

direct and circumstantial

Your client is charged with murder, A gun belonging to your client was used as the murder weapon and that your client’s fingerprints ere on the gun is what kind of evidence as to the murder:

circumstantial

Your client is charged with assault. During the corse of the assault, the victim noticed a tattoo. Your client has a heart tattoo. as to whether the victim was somehow familiar with the defendant is what kind of evidence would the tattoo:

circumstantial

Your client is charged with robbery. During the course of the robbery the thief took a diamond. Your client was observed selling the diamond ring at a pawn shop. A to the robbery, what kind of evidence was the attempted sale be:

circumstantial

After class one evening, Suzie was talking to several students, including Paula. AS they stood in a group, Suzie exclaimed, “You know, i’m not feeling very well. I think that medication I just took gave me a bed reaction..’ Suddenly Suzie collapses. Suzie is in a coma, and her representatives are suing the company for not warning of potential complications. The plaintiff wants Paula to testify as a witness statement. Will Paula’ s testimony as to Suzie’s statement be considered hearsay:

no, it falls under an exception

Ann Marie has been called to testify. She saw and overheard Dean jumping up and down and say, “Lawyer’s are all unethical.” Dean is now being sued for slander by the ABA. The plaintiff wants Ann Marie to testify. Will her testimony as to the conduct of Dean be considered hearsay:

yes, it falls under an exception

Informal witness statements are generally:

handwritten

Prior to conducting a legal interview, a paralegal should generally

prepare questions

Witness statements taken by a paralegal may be recorded:

Only if the person being interviewed is aware and agrees to be recorded

When interviewing a witness, one should generally:

pursue a clients interest

Formal witness statements are generally:

under oath and typed

This is questioning of a witness under oath in a deposition or a court room

examination

Evers v. White, 625 F. 2d 948 (W.D. Wash. 1988):

valid citation

Young v. Gordon, 398 S.E. 2d 254, 537 N.C. 662 (1981)

invalid citation

Eastman v. Bickers, 335 S. Ct. 785, 254 U.S. 839, 574 L. Ed. 2d 1043 (1991)

invalid citation

Newberry v. Dickerson, 647 F. 2d 23, 735 F. Supp. 785 (9th Cir. 1988)

invalid citation