This Document Contains Chapters 1 to 5 Test Bank Chapter One True-False Questions 1. In the United States a national system of government co-exists alongside independent state governments. 2. There are four branches of government in all state and federal government structures: the executive, the legislative, the judiciary and the administrative. 3. Some political theorists have labelled the administrative agency and its corresponding rules as the fourth branch of government, even though it is not. 4. The only administrative agencies in existence are executive administrative agencies. 5. All officials in administrative agencies are elected to their posts. 6. Some state level agencies are created by the state constitution, instead of being statutorily created, as are the federal agencies. 7. Administrative agencies, regardless of executive control, have extraordinary powers to create rules and regulations that have the force of law. 8. Administrative law comes about by the action of state and federal legislatures that pass a bill in the house, senate or other chamber. 9. At the federal level, session laws are the chronological ordering of statutes, as well as organizing them by subject matter or topically. 10. Local governments pass statutes called ordinances that regulate local concerns such as zoning, local speed limits and building permits. 11. Many states do not publish administrative rules in bound volumes for the general public. 12. The judiciary rules on cases brought to trial are called judicial law. 13. The powers of the government, its organization and functions, are comprehensively outlined in a constitution. 14. Most courts follow a three-tiered structure that includes a trial court, an appellate court and a court of last resort, or a Supreme Court. 15. The level of appeals has escalated rapidly over the last three decades, and the workload of trial courts and upper division appellate courts has become critically burdensome. Multiple Choice Questions 1. The three branches of our system of government are: a. executive, judicial and legislative. b. administrative, executive administrative and independent administrative. c. judicial, administrative and legislative. d. executive, administrative and legislative. 2. Which of the following is an example of an independent federal administrative agency? a. Department of Labor b. Securities and Exchange Commission c. Department of Education d. Department of Justice 3. State administrative agencies differ from federal in that: a. some officials are elected rather than appointed. b. some state level agencies are created by the state constitution, instead of being statutorily created. c. Both a and b d. Neither a nor b 4. Which of the following is an activity of the executive branch of government? a. creates statutory and codified law b. decrees by orders, executive fiat and other specialized authority c. creates administrative law d. issues case and interpretations of common law 5. Which of the following is not a resource in which one would find federal statutory law? a. Statutes at Large b. United States Code c. Session Laws d. None of the above 6. Administrative rules and regulations appear in which of the following resources? a. Session Rules b. Code of Federal Regulations c. United States Rules d. None of the above 7. Which of the following is not a function of a constitution? a. To outline the powers of the government, its organization, and functions. b. To regulate cases brought to trial, either criminal or civil in nature. c. To deal with ethereal concepts like “freedom,” “rights” and guarantees that effect the citizenry. d. To regulate and set forth uniform standards for government and citizens that are fundamental, universal, and unlikely to change dramatically over time. 8. In a typical state or federal court structure, which of the following courts is not included? a. Appellate court b. Traffic court c. Trial court d. Supreme court 9. At the federal level, the trial courts are called United States: a. Trial courts. b. Courts of common pleas. c. District courts. d. Intermediate courts. 10. Which of the following are ways in which a case may be presented before the United States Supreme Court? a. Writ of Certiorari b. Appeal of Right c. Both a and b d. Neither a nor b Essay or Short Answer Questions 1. Explain how a case would proceed through a three-level court structure. 2. Why is it necessary to have a good working knowledge of our government structure? 3. Explain the three types of law in our society and discuss where each resource is located. Differentiate between the chronological and topical organization of materials. 4. Discuss the administrative agency in the United States government. Explain the differences between and similarities of the executive and administrative agency. Chapter One Answer Key True-False 1. True 2. False 3. True 4. False 5. False 6. True 7. True 8. False 9. False 10. True 11. True 12. False 13. True 14. True 15. True Multiple Choice 1. a 2. b 3. c 4. b 5. d 6. b 7. b 8. b 9. c 10. c Essay 1. Case Progression through a Three-Level Court Structure: • Trial Court: The case begins here, where facts are presented, and a verdict is reached. • Appellate Court: If a party disagrees with the trial court’s decision, they can appeal. The appellate court reviews the trial court’s application of the law but does not re-examine the facts. • Supreme Court: The highest court reviews decisions from appellate courts if it chooses to take the case. It provides final interpretation of the law. 2. Necessity of Knowing Government Structure: • Understanding government structure is crucial for knowing how laws are made, how decisions are appealed, and how to effectively engage with or challenge government actions. It also helps in comprehending the separation of powers and responsibilities within the government. 3. Types of Law and Their Resources: • Statutory Law: Laws passed by legislatures; found in codes and statutes (e.g., U.S. Code). • Case Law: Laws established through judicial decisions; found in court opinions and reports. • Administrative Law: Regulations created by administrative agencies; found in the Federal Register and Code of Federal Regulations (CFR). Chronological vs. Topical Organization: • Chronological: Arranges materials by date (e.g., historical court decisions). • Topical: Organizes materials by subject matter (e.g., legal textbooks by topics like contracts or torts). 4. Administrative Agency vs. Executive Agency: • Administrative Agency: A government body with the authority to make rules, enforce regulations, and adjudicate disputes (e.g., EPA). Operates with specific regulatory powers granted by Congress. • Executive Agency: Part of the executive branch, directly accountable to the President (e.g., Department of State). It administers executive functions and implements policies. Similarities: Both have rule-making and enforcement functions. Differences: Administrative agencies have more specialized regulatory powers, while executive agencies handle broader governmental functions and policy implementation. Chapter Two True-False Questions 1. Legal analysis is the art of extracting concrete legal topics and dilemmas out of given facts and ordering them in a hierarchy of importance. 2. Legal research involves the way the researcher finds relevant information. 3. The legal research process ends with factual analysis. 4. There are many methods of legal analysis in use today, but none of them are effective. 5. If any results are to be obtained, the researcher must pick the method of analysis that best fits the case at hand,. 6. Always check for synonyms and contrary meanings, and be open to how words and terms can be simultaneously listed under various headings and indices. 7. Research and analysis can never be combined in the same step; they always have to be conducted separately. 8. The known authority approach to legal research exists but is never used. 9. The known topic approach is most often used by experienced researchers, and it can provide cogent results at a faster pace. 10. The keyword approach is always an effective method of legal research. Multiple Choice Questions 1. Legal analysis is: a. The way a researcher finds relevant information. b. Always and exclusively conducted before legal research. c. The art of extracting concrete legal topics and dilemmas out of given facts and ordering them in a hierarchy of importance. d. Ineffective and incomplete. 2. Which of the following are steps involved in developing a research question? a. Determine research method b. Identify the issues c. Consult primary sources of law d. Answer the research question 3. Before a researcher is able to answer a research question he or she must: a. Consult secondary and primary sources of law. b. Analyse the research results. c. Both a and b d. Neither a nor b 4. Which of the following are effective methods of legal analysis? a. The cartwheel b. TAPP method c. West Publishing Company method d. All of the above 5. The TAPP system, developed by Lawyers Cooperative Publishing, suggests which of the following steps when conducting legal research? a. Things involved, Acts involved, Persons involved, Places where the action took place b. Parties involved in the case, Places, objects and things involved, Basis of the case, or Issues involved c. Identify all the major words or ideas, Identify the narrower categories of these words, and Identify all closely related words. d. None of the above 6. The TAPP system and the West method are similar because: a. They both consider the relief sought. b. They take into consideration any defenses that may be raised. c. They both have five categories to analyze. d. They consider persons, things and places. 7. The cartwheel is an unusual method because: a. It completely overlooks legal research. b. It completely overlooks legal analysis. c. It blends legal research and legal analysis together. d. It has no bearing on legal research and legal analysis whatsoever. 8. Which of the following is not a method of legal research? a. Keyword approach b. TAPP c. Known authority d. Known topic 9. When using the known authority approach to find general information, one needs to have: a. A valid and applicable citation to an existing law or relevant court case. b. A citation to an A.L.R. article. c. A reference to a legal encyclopedia. d. All of the above. 10. The keyword approach is most useful in which situation? a. When a concrete research question cannot be formed b. When the question is complex and covers several legal topics c. When the cartwheel method has been used d. All of the above 11. Primary authority consists of: a. statutes, administrative rules, executive orders, case decisions and the law; they are legally binding directives coming from governmental bodies. b. commentary, descriptions of or analysis of the law. c. legal authority by which a court must abide and that is binding in all situations within that authority’s jurisdiction. d. authority that a court may follow if it is persuaded to do so. 12. Secondary authority consists of: a. statutes, administrative rules, executive orders, case decisions and the law; they are legally binding directives coming from governmental bodies. b. commentary, descriptions of or analysis of the law. c. legal authority that a court must abide by and is binding in all situations within that authority’s jurisdiction. d. authority that a court may follow if it is persuaded to do so. 13. Mandatory authority refers to: a. statutes, administrative rules, executive orders, case decisions and the law; they are legally binding directives coming from governmental bodies. b. commentary, descriptions of or analysis of the law. c. legal authority by which a court must abide and that is binding in all situations within that authorities’ jurisdiction. d. authority that a court may follow if it is persuaded to do so. 14. Persuasive authority is a. authority that a court may follow if it is persuaded to do so. b. statutes, administrative rules, executive orders, case decisions and the law; they are legally binding directives coming from governmental bodies. c. commentary, descriptions of or analysis of the law. d. legal authority that a court must abide by and is binding in all situations within that authorities’ jurisdiction. 15. Which of the following statements is true? a. Primary authority is either persuasive or mandatory. b. Secondary authority is never persuasive c. A law review article that explains a specific decision of the United States Supreme Court is considered primary authority d. A Texas Supreme Court decision is considered mandatory authority in the State of California. Essay or Short Answer Questions 1. Explain the difference between legal research and legal analysis. Discuss the various steps involved in developing and answering a research question. 2. Explain, compare and contrast both the TAPP and West Publishing systems of legal analysis. 3. Explain the cartwheel method of legal analysis in detail. 4. Explain the three methods of legal research. Discuss when each is an appropriate method to use. 5. Discuss primary, secondary, mandatory and persuasive authority. Chapter Two Answer Key True-False 1. True 2. True 3. False 4. False 5. False 6. True 7. False 8. False 9. True 10. True Multiple Choice 1. c 2. b 3. c 4. d 5. a 6. d 7. c 8. b 9. d 10. d 11. a 12. b 13. c 14. a 15. a Essay 1. Legal Research vs. Legal Analysis: • Legal Research: Finding relevant legal materials (statutes, cases). • Legal Analysis: Applying law to facts to draw conclusions. • Steps: Identify issue, conduct research, plan, find sources, analyze, conclude. 2. TAPP vs. West Publishing Systems: • TAPP: Theory, Application, Policy, Perspective. • West Publishing: Tools for finding and interpreting case law and legal resources. • Comparison: TAPP focuses on theoretical and policy aspects; West Publishing provides practical research tools. 3. Cartwheel Method of Legal Analysis: • Issue: Identify the legal question. • Rule: Determine applicable laws. • Application: Apply the law to facts. • Conclusion: Reach a final decision. 4. Three Methods of Legal Research: • Doctrinal: Studying legal doctrines (use for established rules). • Empirical: Collecting data on law in practice (use for practical impacts). • Comparative: Examining different jurisdictions (use for cross-jurisdictional insights). 5. Types of Legal Authority: • Primary: Binding law (statutes, cases). • Secondary: Persuasive commentary (textbooks, articles). • Mandatory: Must-follow sources (binding precedents). • Persuasive: Influential but not binding (decisions from other jurisdictions). Chapter Three True-False Questions 1. Being able to read and understand legal citations is paramount to the researcher because research is a citation-intensive exercise. 2. The Bluebook is the industry standard for format and is employed in all legal reference materials, be it case reporters, statutory compilations, law reviews, or digests and encyclopedias. 3. People v. Armour, 590 N.W.2d 61, 65 (Mich. 1999), is the proper citation format for a United States Supreme Court decision. 4. “Parties — Volume — Reporter Series Abbreviation — Page — Date” is the basic format for all court decisions that are included in a reporter series. 5. All United States district court cases include the same court designations in parenthesis. 6. Kubrick v. United States, 581 F.2d 1092 (1978), is a proper citation for a United States court of appeals case citation. 7. When citing U.S. appellate court decisions, citations will always be to the Federal Reporter unless the decision has not yet been published. 8. It is always necessary to cite all three reporters when citing a United States Supreme Court decision. 9. Slimy v. U.S., 825 U.S. 4, 19 S.Ct. 1099, 29 L. Ed.2d. 306 (1984), is the proper citation format for a U.S. Supreme Court decision. 10. Charlesworth v. Mack, No. 92-212 (U.S. Feb. 4, 1992), is the proper citation format for a U.S. Supreme Court decision that has not yet been included in a reporter series. 11. Federal statutory law follows two basic citation patterns. 12. When citing a federal statute using its popular name, the following format is correct: National Environmental Policy Act of 1969, § 102, 42 U.S.C. § 4332 (1994). 13. When citing to “unofficial” codes, the only information included in parenthesis is the year of publication. 14. Federal, and some state statutes, use the following basic citation format: title— statute abbreviation—section—year. 15. Due to variations in the organization of state statutes, proper citing of state level codes can be a confusing endeavor. 16. There is no way to know what the proper citation for a state statute is without consulting the statute itself. 17. Consecutively paginated journals are those that start at page one and continue using page numbers until the next volume is begun. 18. Newspaper articles are cited in the same basic manner as consecutively paginated journals. 19. Robert J. Samuelson, A Slow Fix for the Banks, NEWSWEEK, Feb. 18, 1991, at 55, 56, is a proper pinpoint citation for a non-consecutively paginated journal. 20. Websites that contain informational pages should be cited following the standard for a book or periodical. Multiple Choice Questions 1. Which of the following includes a pin-point citation? a. People v. Armor, 590 N.W.2d 61, 65 (Mich. 1999) b. People v. Armor, 590 N.W.2d 61 (Mich. 1999) c. People v. Armor at 65 d. Both a and c 2. Which term refers to a reference to a specific place in an opinion, law review or other source? a. Pin-point citation b. Jump cites c. Parallel citation d. Both a and b 3. Which term refers to cases or laws that appear in more than one location? a. Pin-point citation b. Jump cites c. Parallel citation d. None of the above 4. Which of the following examples is a parallel citation? a. Slimy v. U.S., 825 U.S. 4 (1984). b. Slimy v. U.S., 825 U.S. 4, 19 S.Ct. 1099, 29 L.Ed. 306 (1984). c. Slimy v. U.S., 19 S.Ct. 1099, 1100 (1984). d. Slimy v. U.S., 29 L.Ed. 306 (1984). 5. Which of the following is a correct example of a citation to a state level court decision? a. People v. Armour, 590 N.W.2d 61 (Mich. 1999). b. Charlesworth v. Mack (Dec. 4, 1990). c. Kubrick v. United States, 581 N.W. 2d 1092, 1978. d. None of the above 6. Which of the following is a correct citation to a U.S. Supreme Court opinion? a. Slimy v. U.S., 825 U.S. 4, 19 S.Ct. 1099, 29 L. Ed.2d. 306 (1984). b. Slimy v. U.S., 825 U.S. 4, 6 (1984). c. Charlesworth v. Mack, No. 92-212 (U.S. Feb. 4, 1992). d. All of the above 7. Which of the following is a proper citation to a federal statute? a. 12 U.S.C.A. § 1426. b. National Environmental Policy Act of 1969 (1994). c. 21 U.S.C. § 841 (1970). d. 12 U.S.C.S. § 1710 (1990). 8. When citing of the “unofficial” federal statutory compilations the correct format to use would be: a. 12 U.S.C.S. § 1710. b. 12 U.S.C.S. § 1710 (Law. Co-op. 1978 & Supp. 1990). c. 12 U.S.C.S. § 1710 (1990). d. None of the above. 9. Which of the following is a correct citation to a consecutively paginated journal? a. Gibeaut, John, Getting Tough on Substance Abusers, 83 A.B.A.J. 625, 656 (1997). b. Gibeaut, J. Getting Tough on Substance Abusers, 83 A.B.A.J. 625, 656 (1997). c. John Gibeaut, Getting Tough on Substance Abusers, 625, 656 (83 A.B.A.J. 1997). d. John Gibeaut, Getting Tough on Substance Abusers, 83 A.B.A.J. 625, 656 (1997). 10. The proper citation format for a newspaper article is: a. Seth Mydans, Los Angeles Police Chief Removed for 60 Days in Inquiry on Beating, N.Y. TIMES, Apr. 5, 1991, at A1. b. Mydans, Seth, Los Angeles Police Chief Removed for 60 Days in Inquiry on Beating, N.Y. TIMES, Apr. 5, 1991, at A1. c. Seth Mydans, Los Angeles Police Chief Removed for 60 Days in Inquiry on Beating, , at A1 appearing in THE N.Y. TIMES, Apr. 5, 1991. d. None of the above. Essay or Short Answer Questions 1. Discuss the two special citation formats that exist in legal citation. 2. Explain why it is necessary to include specific court designations in parenthesis when citing a court case to a regional reporter, a U.S. District Court reporter or a U.S. Court of Appeals reporter. 3. Why is it necessary to use a different citation format when citing a state statute than a federal statute? Explain in detail, using examples. 4. Discuss the difference between consecutively and non-consecutively paginated journals. 5. Discuss some of the difficulties one encounters when citing information that is obtained from the Internet. Chapter Three Answer Key True-False 1. True 2. True 3. False 4. True 5. False 6. False 7. True 8. False 9. True 10. True 11. True 12. True 13. False 14. True 15. True 16. False 17. True 18. False 19. True 20. True Multiple Choice 1. d 2. d 3. c 4. b 5. a 6. d 7. c 8. b 9. d 10. a Essay 1. Two Special Citation Formats: • Bluebook Format: Standard citation format used in legal writing, particularly in the U.S. It includes case name, volume, reporter, page number, and court and date in parentheses (e.g., Brown v. Board of Education, 347 U.S. 483 (1954)). • ALWD Citation Manual: An alternative format used for legal citation, emphasizing clarity and simplicity, with similar components to the Bluebook but with different conventions (e.g., Brown v. Board of Education, 347 U.S. 483 (1954)). 2. Specific Court Designations in Citations: • Regional Reporters: Identifying the court helps locate the case within the correct jurisdiction (e.g., 323 F.3d 1134 (9th Cir. 2003) specifies the Ninth Circuit). • U.S. District Court Reporters: Indicates the specific district court where the case was decided (e.g., 623 F. Supp. 2d 329 (S.D.N.Y. 2009)). • U.S. Court of Appeals Reporters: Identifies the circuit court involved (e.g., 718 F.3d 425 (7th Cir. 2013)). 3. State vs. Federal Statute Citation Formats: • State Statutes: Typically cited by the state code and section number (e.g., Cal. Penal Code § 1203.4 (West 2020)). • Federal Statutes: Cited by the United States Code and section (e.g., 18 U.S.C. § 922(g)(1)). • Reason: Different jurisdictions have different systems for numbering and organizing statutes, so citations must reflect the specific format used by the respective legal system. 4. Consecutively vs. Non-Consecutively Paginated Journals: • Consecutively Paginated: Pages are numbered continuously throughout the volume (e.g., the entire volume of a journal has a single page numbering system). • Non-Consecutively Paginated: Each issue or part of the journal starts with page 1 (e.g., each issue of a legal journal has its own page numbering). 5. Difficulties with Citing Internet Information: • Reliability: Websites may change or disappear over time, making citations less reliable. • Consistency: Different formats and citation styles can be used on various sites. • Access: Information may be behind paywalls or restricted access. • Authorship: Identifying and verifying authorship and publication dates can be challenging. These issues make precise and clear citation crucial for ensuring the accuracy and credibility of legal references. Chapter Four True-False Questions 1. Finding tools are nothing more than the books, indexes, search engines or digests that a researcher uses to find the primary and secondary resources. 2. There is only one category of index in law books and legal reference materials. 3. Subject indexes usually provide just an overview of the book’s content and presentation. 4. Topical indexes are most often seen in encyclopedias and digests and are found at the beginning of each major subject. 5. A series with a large number of volumes will have neither a general index nor a topical index. 6. General indexes provide insight into the typical type of places, objects, and things relevant to the party’s action, as well as acts, defenses, and types of relief sought. 7. Descriptive indexes include definitions, explanations, and analysis of legal subjects, objects, and actions, and referenced court cases that either legally defined or analyzed its content and legal applicability. 8. Plaintiff/Defendant Indexes can be used with the known authority research method, so the researcher can build case upon case. 9. Indexes provide an excellent starting point for a legal researcher to focus the legal issue more precisely as he or she works from big too small. 10. The researcher does not need to focus on the guts of the legal issue because resource tools are so detailed they will return usable information every time. Multiple Choice Questions 1. Which of the following are categories of legal indexes? a. Descriptive words b. Words and phrases c. Names of plaintiffs or defendants d. All of the above 2. Which is true of subject indexes? a. Usually provide just a topical overview of the book’s content and presentation. b. The more complicated the index, that is, the more thorough, the better it will be. c. Both a and b d. Neither a nor b 3. Which is the true statement regarding a series with a large number of volumes? a. A general index may be included at the end of each topic. b. A general index will be included at the end of the series only. c. An index may be included at the end of each topic in addition to a multi-volume index at the end of the series. d. None of the above. 4. Which is the true statement regarding a topical index? a. Topical indexes are not useful. b. A topical index may be included at the end of each topic. c. A topical index will be included at the end of the series only. d. An topical index may be included at the end of each topic in a series, in addition to a multi-volume general index at the end of the series. 5. Which statement is true regarding a descriptive word index? a. Descriptive indexes provide insight into the typical type of places, objects, and things relevant to the party’s action, as well as acts, defenses, and types of relief sought. b. Descriptive indexes are very similar to a general index, but provide extra commentary on exactly what is included under a specific heading. c. Neither a nor b d. Both a and b 6. Words and phrases indexes: a. Include definitions, explanations, and analysis of legal subjects, objects, and actions, referenced by court cases that either legally defined or analyzed its content and legal applicability. b. Provide extra commentary on exactly what is included under a specific heading. c. Usually provide just a topical overview of the book’s content and presentation. d. Can be used with the known authority research method, so the researcher can build case upon case. 7. Which statement regarding plaintiff/defendant case tables is untrue? a. Provide extra commentary on exactly what is included under a specific heading. b. These indexes can be invaluable when using a digest or encyclopedia. c. Are excellent resources when using the known authority research method. d. The researcher needs to know the case name and, in some cases, additional information to be able to use them. 8. Subject indexes: a. Break the law down more minutely, providing relevant information on names and places, objects, and things. b. Give the researcher a topical overview of the book’s content and presentation. c. Break down and index the law according to topic. d. Define specific words and phrases and give appropriate case citations. 9. Descriptive indexes: a. Break the law down more minutely, providing relevant information on names and places, objects, and things. b. Give the researcher a topical overview of the book’s content and presentation. c. Break down and index the law according to topic. d. Define specific words and phrases and give appropriate case citations. 10. Words and phrases indexes: a. Break the law down more minutely, providing relevant information on names and places, objects, and things. b. Give the researcher a topical overview of the book’s content and presentation. c. Break down and index the law according to topic. d. Define specific words and phrases and give appropriate case citations. Essay and Short Answer Questions 1. Discuss why the best place for one to begin research is an index. 2. Compare and contrast topical indexes and descriptive indexes. Include in the discussion the normal location of such indexes in a legal series. 3. Discuss why a researcher would consult a words and phrases index. 4. Explain why a plaintiff/defendant case table could be a useful research tool in certain situations. 5. Discuss a general index, how it is used and where it is located in a series. Chapter Four Answer Key True-False 1. True 2. False 3. True 4. True 5. False 6. False 7. False 8. True 9. True 10. False Multiple-Choice 1. d 2. c 3. c 4. d 5. d 6. a 7. a 8. b 9. a 10. d Essay 1. Starting Research with an Index: • Efficiency: An index provides a structured way to locate relevant topics quickly. • Focused Search: It helps identify specific sections, cases, or statutes related to the research topic without needing to sift through entire volumes. 2. Topical Indexes vs. Descriptive Indexes: • Topical Indexes: Organize information by subject matter or topic. They help find legal information based on legal principles or issues (e.g., “Contracts,” “Property Law”). • Location: Typically found at the end of legal encyclopedias, treatises, or comprehensive legal series. • Descriptive Indexes: Provide detailed descriptions or summaries of the content covered, often highlighting key points or important cases (e.g., “Landlord-Tenant Disputes” with summaries of relevant cases). • Location: Commonly located in legal case reporters or specific legal treatises, often towards the beginning or end. 3. Consulting a Words and Phrases Index: • Definition and Interpretation: Helps find definitions and interpretations of specific legal terms or phrases used in cases, statutes, or legal literature. • Case Law Search: Useful for finding how courts have interpreted particular terms in different contexts. 4. Plaintiff/Defendant Case Table: • Organization: Lists cases by plaintiff and defendant, providing an organized way to track the litigation history and find precedents involving specific parties. • Research Utility: Useful for understanding patterns in case law or finding cases involving particular parties for reference or precedent. 5. General Index: • Definition: A comprehensive index that covers a broad range of topics and subtopics within a legal series. • Usage: Helps locate specific information within a multi-volume set, offering an overview of the content. • Location: Typically found at the end of a multi-volume legal series or book, summarizing the content covered throughout the series. Each type of index serves a specific purpose in organizing and locating legal information, making the research process more efficient and targeted. Chapter Five True-False Questions 1. The digest is a synthesizer, a vehicle in which very broad concepts are reduced to smaller, working parts. 2. Digests, like case reporters, publish the whole text of a judicial opinion. 3. The reference that appears in a digest is called a notation, which is a summary of a specific point, fact or related legal issues in short form. 4. Headnotes only appear in unofficial reporters; they do not appear in digests. 5. Due to their efficiency, digests are one of the most often-used finding tools for the researcher in appellate practice. 6. Using a digest can help the researcher build a foundation for precedent or argument of first instance. 7. There is only one digest system in existence throughout the United States. 8. There is a digest series for each regional series of reporter, as well as specialty digests on the federal level. 9. The broadest jurisdictional coverage available in the digest system falls under American Digest Series, which includes the Century, the Decennial and General Digests. 10. Cases that deal with similar points of law will be found under the same key number in the West Digest Series. 11. Once a relevant digest entry is found, all cases under that key number will be applicable. 12. Digests only direct the researcher to court cases; they never include references to law review articles, statutes or legal encyclopedias. 13. The West Key Number System is periodically updated to reflect current case law. 14. Digests can be searched by the keyword, known topic, and known authority methods, just like any other resource. 15. Seasoned practitioners and those researchers who are knowledgeable about the subject matter never choose to consult the digest’s topical outline. Multiple Choice Questions 1. Which of the following statements is true? a. The Digest is organized differently than any other legal resource. b. Digests publish the whole text of a judicial opinion. c. Digests include a summary of a specific point, fact or related legal issues in short form. d. The Digest system has only one index. 2. A headnote is: a. A summary of the entire case. b. A summary of a specific point, fact or related legal issue. c. Found in digests as well as unofficial reporters. d. Both b and c 3. Some of the Digests’ advantages are: a. That a large database of case law can be screened for relevancy. b. That they provide cross-references to other resources using the key or section number. c. Both a and b d. Neither a nor b 4. Case headnotes are provided for all reported decisions in the federal and state courts in which of the following digests? a. 10th Decennial Digest, part 2 b. South Eastern Digest c. State Digests d. None of the above 5. Key numbers (or section number) in a non-West publication will lead to other cases that: a. Are on the state and federal level. b. Deal with the same point of law. c. Neither a nor b. d. Both a and b. 6. The West Digest system also includes which of the following? a. A chart of commonly used abbreviations of courts and publications. b. An outline of the organization of the series according to the seven main divisions of law. c. An alphabetical listing of all digest topics. d. All of the above. 7. Each topic in the digest system: a. Has its own descriptive word index. b. Must be accessed by using the general index only. c. Both a and b. d. Neither a nor b. 8. A digest contains: a. References to legal encyclopedias, law review articles, desk books and other practice aids. b. Pocket parts that should always be checked to update information. c. Both a and b. d. Neither a nor b. 9. Periodically it is necessary for West to update the key number system. Which of the following should you check to confirm the key number? a. The Cross-References Table in the First and Second Decennial Digests b. Consolidated Table of Key Numbers in the General Digest c. The Listing of Topics in the West Key Number System d. The General Index of Key Numbers in the Centennial Digest 10. Which of the following are commonly used methods of digest research? a. known authority b. known topic c. keyword d. all of the above Essay and Short Answer Questions 1. Discuss the various added features included in digest references that make using a digest system an excellent starting point to legal research. 2. Explain the various methods of consulting a digest system, as well as which volumes would be utilized with each method. 3. Describe the various types of digest series, their jurisdictional coverage and how often they are published. 4. Discuss headnotes, what they are for and where they found. Include in the discussion any other references to where they may appear, whether there can be more than one headnote per case, etc. Chapter Five Answer Key True-False 1. True 2. False 3. False 4. False 5. True 6. True 7. False 8. True 9. True 10. True 11. False 12. False 13. True 14. True 15. False Multiple Choice 1. c 2. d 3. c 4. a 5. d 6. d 7. a 8. c 9. b 10. d Essay 1. Features of Digest References: • Systematic Organization: Digest systems organize case law by topics and subtopics, allowing researchers to find relevant cases under specific legal issues. • Headnotes: Summarize key points of law from cases, making it easier to identify relevant cases. • Case Summaries: Provide brief summaries of case facts and rulings, facilitating a quick understanding of the case. • Cross-References: Link related cases and legal principles, aiding comprehensive research. 2. Methods of Consulting a Digest System: • Topic Search: Use the digest’s topical index to locate cases by legal issue. Typically involves consulting the main volumes or the index volume. • Case Citation: Locate cases by citation, using the digest’s case digest volumes which are organized by citation. • Jurisdictional Search: Find cases specific to a jurisdiction by using the digest volumes that cover that jurisdiction. • Volumes Used: For topic and jurisdiction searches, the digest’s main volumes and index volumes are used. For case citations, the specific digest volumes containing those cases are utilized. 3. Types of Digest Series: • National Digest Series: Covers federal and all state cases (e.g., West's National Reporter Digest). Published frequently, often annually or semi-annually. • Regional Digest Series: Covers cases from specific regions (e.g., West's Regional Digests). Published regularly, usually quarterly or annually. • State Digest Series: Focuses on cases from individual states (e.g., New York Digest). Updated periodically, often annually. 4. Headnotes: • Definition: Brief summaries of legal principles derived from a case, appearing at the beginning of each case report. • Purpose: To highlight key legal issues and principles, facilitating quick reference and case analysis. • Location: Found in case reporters and digest systems, often at the beginning of each case summary. • Additional Notes: There can be multiple headnotes per case, each addressing different legal issues. Headnotes also appear in digest volumes under specific topics. These features and methods streamline legal research by providing organized and accessible case information, making it easier to find and analyze relevant legal precedents. Test Bank for Learning Legal Research: A How-to Manual Charles P. Nemeth, Hope I. Haywood 9780130450340
Download
Close
Close
