This Document Contains Chapters 6 to 10 Chapter Six True-False Questions 1. Early forays into the realms of computer-assisted legal research, involving statutes and case law, were long, complicated journeys. 2. There are no free, online legal resources. 3. Boolean searches require the researcher to enter key terms that can be identified as a concrete idea. 4. Wildcard searching is used when the same root word is desired with different endings. 5. Expanders, often an asterisk or exclamation point, are never dependent upon the search engine. 6. Limiters do exactly as indicated: limit the placement of words in relation to other words. 7. Several excellent websites host search engines and are available free of charge for anyone in need of them and feature easy-to-use search engines that return useable results. 8. The only online reference for the United State Code is the Government Printing Office. 9. Shepard’s Citation resources, one of the most important updating and researching tools, are available only in printed format. 10. Secondary references, such as encyclopedias and law reviews, are not included in any free or fee-based computer assisted legal research source. Multiple Choice Questions 1. During the infancy of computer assisted legal research, resources were located: a. On a computer’s hard drive, floppy disks or Cds. b. On large online searchable databases. c. Both a and b. d. Neither a nor b. 2. A Boolean search: a. Requires the researcher to enter key terms that can be identified as a concrete idea. b. Uses words such as “and”, “or” and “not” are used to either connect words together or to exclude certain terms that may appear in search results that are undesirable. c. Is used when the same root word is desired with different endings. d. None of the above 3. A concept search: a. Requires the researcher to enter key terms that can be identified as a concrete idea. b. Uses words such as “and,” “or,” and “not” are used to either connect words together or to exclude certain terms that may appear in search results that are undesirable. c. Is used when the same root word is desired with different endings. d. None of the above 4. Limiters: a. Are used when the same root word is desired with different endings. b. Are words such as “and,” “or,” and “not” c. Limit the placement of words in relation to other words. d. All of the above. 5. FindLaw includes the following legal resources: a. State and federal cases. b. State and federal statutes. c. Neither a nor b. d. Both a and b. 6. The Legal Information Institute does not contain: a. Links to state statutes. b. U.S. Supreme Court decisions. c. A general digest search engine. d. Code of federal regulations. 7. LexisNexis: a. Offers many services to subscribers other than in-depth legal research abilities. b. Has a very limited database of legal resources. c. Is free to the general public. d. Contains only basic legal materials for its subscribers. 8. Which of the following resources is available on LexisNexis? a. Shepard’s Citations b. American Law Reports c. American Jurisprudence d. All of the above 9. Westlaw from West Group includes: a. Thousands of databases found in print in all large law libraries. b. Powerful research tools. c. Editorial enhancements found in the company’s bound publications. d. All of the above. 10. Key Search is a feature that: a. Helps you find relevant documents using the Key Number system. b. Is found only on LexisNexis. c. Cannot be used in conjunction with bound volumes. d. Is an extremely difficult search tool to use. Essay and Short Answer Questions 1. Briefly discuss the early days of CALR and how the field has evolved over the last 20 years. 2. Discuss the various free legal research websites found on the Internet and the types of legal resources they offer. 3. Give a brief overview of the LexisNexis and Westlaw Systems. Compare and contrast their resources, offerings, and search capabilities. Chapter Six Answer Key True-False 1. True 2. False 3. False 4. True 5. False 6. True 7. True 8. False 9. False 10. False Multiple Choice 1. a 2. b 3. a 4. c 5. d 6. c 7. a 8. d 9. d 10. a Essay 1. Early Days of CALR and Evolution: • Early Days: Computer-Assisted Legal Research (CALR) began in the 1970s with systems like Lexis and Westlaw, which digitized legal research and offered electronic access to case law and statutes. • Evolution Over 20 Years: CALR has significantly advanced with the rise of internet-based platforms, improved search algorithms, integration of AI and machine learning, and enhanced user interfaces. Modern systems offer advanced analytics, cross-referencing, and comprehensive databases, making legal research more efficient and accessible. 2. Free Legal Research Websites: • Google Scholar: Provides free access to case law, legal journals, and opinions. Good for general case and legal research. • Cornell Legal Information Institute (LII): Offers free access to statutes, regulations, and legal commentary, including the U.S. Code and Supreme Court opinions. • Justia: Provides free access to case law, statutes, regulations, and legal news. Includes legal guides and lawyer directories. • FindLaw: Offers case law, statutes, legal news, and a lawyer directory. Includes a variety of legal articles and guides. • Public Library of Law (PLoL): Provides access to case law, statutes, regulations, and legal forms. Includes a search engine for legal resources. 3. LexisNexis vs. Westlaw Systems: LexisNexis: • Resources: Comprehensive database of case law, statutes, regulations, legal journals, and news. Includes practice guides, legal forms, and business information. • Search Capabilities: Advanced search features including natural language processing, Boolean operators, and filters. Offers tools for citation analysis and case tracking. Westlaw: • Resources: Extensive database covering case law, statutes, regulations, legal journals, and news. Includes West Key Number System for case law organization, legal forms, and practice guides. • Search Capabilities: Powerful search engine with Boolean, natural language, and advanced filtering options. Features include KeyCite for citation tracking and Westlaw Edge for AI-driven insights. Comparison: • Content Coverage: Both platforms offer comprehensive legal databases, but LexisNexis may have a broader range of news and business information, while Westlaw is known for its robust case law organization with the Key Number System. • Search and Analytical Tools: Both systems offer advanced search features, but Westlaw's KeyCite and LexisNexis's citation tools provide different methods for case tracking and analysis. LexisNexis often emphasizes legal news and business insights, whereas Westlaw focuses on detailed case law indexing. Chapter Seven True-False Questions 1. A secondary resource is a reference or work that explains, interprets and discusses statutes, case law, and administrative law. 2. Resources such as court reporters, statutes, and regulations are all classified as secondary resources. 3. Textbooks and casebooks are a very effective ways to gain a general understanding of a certain type of law. 4. Hornbooks, or treatises, can be appropriately described as highly sophisticated textbooks. 5. To achieve treatise status, the text does not need to be well accepted by the legal community or withstand critical review. 6. The general indexes included in treatises are composed in a more esoteric fashion than the typical textbook with many additional subdivisions and far greater detail. 7. The American Law Institute (ALI) consists of learned scholars, practitioners, and judges whose task is to re-write the law as presently understood and to make recommendations or suggestions regarding where the law is headed. 8. Judicial opinions have never placed heavy reliance on the authority of the Restatements. 9. There is only one volume in the Restatements. 10. Loose-leaf services, normally packaged in a three-ring binder, are very useful in areas of law that are prone to change. 11. Loose-leaf services are written, constructed, and designed for utility only, emphasizing nutsand-bolts issues. 12. Law reviews, which are a collection of articles, reviews, or commentaries on varied issues of law, are scholarly in approach and written with expansive footnotes and legal authority. 13. Law review articles provide the researcher with a multitude of other relevant sources, particularly case law so necessary in the establishment of proof and testing of a legal argument or principle or the making of a prima facie case. 14. Commercial journals tend to fill a need heretofore forgotten by the academic sector, covering topics so specialized or so practical that academic thinkers are unlikely to be exposed or have an interest in the topic. 15. The only way to find articles in any type of legal periodical is to look through the table of contents. 16. Currently, legal practitioners have to draft and design each new contract, will, trust, or other document individually to reflect the case at hand. 17. Most practitioners rely on standardized forms as a starting point in the creation of legal documents. 18. Forms packages are available from local bar associations, Clerks of Court and private publishers, are often included in the rules of court for the jurisdiction, and are now often available in CD or disk format. Multiple Choice Questions 1. Which of the following statements regarding secondary resource is true? a. A secondary resource is a reference or work that explains, interprets and discusses statutes, case law, and administrative law. b. Resources such as encyclopedias, periodicals, journals articles, treatises and text books are all classified as secondary resources. c. Both a and b. d. Neither a nor b. 2. Which of the following statements regarding law books in general are true? a. They possess workhorse qualities in order to survive vigorous usage, repeated reference, and regular copying. b. They serve as compilations, compendiums, collections, and depositories of the law, containing explanations of rules, regulations, statutes, codes legal analysis, court cases or the synthesis of court decisions. c. They play a very large part in the education of law and justice practitioners and cover broad areas of the law. d. All of the above. 3. Law textbooks: a. Generally contain some reference to varied state or federal statutes. b. Provide cases, problems and assignments. c. Deliver the fundamental aspects of a particular area of law. d. All of the above. 4. Which statement is true regarding hornbooks or treatises? a. Can be appropriately described as a simple textbook. b. They provide a scholarly analysis of a specific law topic. c. They generally include no federal and state references and few footnotes. d. Are not accepted by the legal community and has withstood no critical review. 5. Which of the following is a popular recognized treatise? a. Black’s Law Dictionary b. Secured Transactions in Banks c. Urban Development & Neighborhood Control d. Introduction to Criminal Law 6. The task of the American Law Institute (ALI) is to: a. Attempt to provide a scholarly analysis of a specific law topic. b. Re-write the law as presently understood and to make recommendations or suggestions regarding where the law is headed. c. Produce works that generally contain some reference to varied state or federal statutes; provide cases, problems and assignments and deliver the fundamental aspects of a particular area of law. d. Produce numerous publications that compile forms, model clauses and provisionary exhibits and checklists. 7. Loose-leaf products: a. Cover areas of law that are prone to change. b. Are dominated by four major publishing houses. c. Both a and b. d. Neither a nor b. 8. Continuing education materials are regularly published by: a. Practicing Law Institute b. Pennsylvania Bar Institute. c. ALI-ABA Committee on Continuing Professional Education. d. All of the above. 9. The categories of legal periodicals include: a. Law reviews, journal publications, professional association periodicals and legal newspapers. b. Law reviews, commercial journal publications, bar association periodicals, professional association periodicals and legal newspapers. c. Law reviews and legal newspapers. d. Commercial journal publications, bar association periodicals, and legal newspapers. 10. Which statement is false? a. Even using a formbook, the legal practitioner must design each new contract, will, trust, or other document individually to reflect the case at hand. b. Formbooks provide practitioners with a “skeleton” of a pleading, will, trust, contract or other legal document c. Formbooks contain standardized forms that can be used as a starting point in the creation of legal documents. d. Due do the variations in jurisdictional requirements and the multitude of construction and drafting methods, formbooks aid the novice and seasoned advocate. Essay and Short Answer Questions 1. Discuss the useful of casebooks and law textbooks in legal research. 2. Are the Restatements of the Law by the American Law Institute treatises? Why or why not? 3. Discuss the various types of legal periodicals, their coverage and the resources used to locate articles. 4. Discuss whether formbooks and other continuing education materials are useful to legal practitioners. Chapter Seven Answer Key True-False 1. True 2. False 3. True 4. True 5. False 6. True 7. True 8. False 9. False 10. True 11. False 12. True 13. True 14. True 15. False 16. False 17. True 18. True Multiple Choice 1. c 2. d 3. d 4. b 5. a 6. b 7. c 8. d 9. b 10. a Essay 1. Usefulness of Casebooks and Law Textbooks in Legal Research: • Casebooks: Provide annotated collections of key cases, often organized around specific legal subjects. Useful for understanding case law and legal principles in context, offering detailed analysis and commentary on judicial opinions. • Law Textbooks: Offer comprehensive explanations of legal doctrines, principles, and theories. They provide foundational knowledge, in-depth analysis, and explanations of complex legal concepts, making them valuable for both learning and practical application. 2. Restatements of the Law by the American Law Institute: • Not Treatises: Restatements are not considered treatises. Instead, they are summaries of common law principles and guidelines compiled by legal experts to clarify and organize existing law. They provide a synthesis of legal standards and judicial interpretations but do not cover the law in the exhaustive and detailed manner typical of treatises. 3. Types of Legal Periodicals: • Law Reviews: Scholarly journals published by law schools, containing in-depth articles, essays, and notes on various legal issues. Resources like HeinOnline, JSTOR, and legal research databases provide access. • Legal Magazines: Periodicals focusing on current legal issues, trends, and news, often targeting legal professionals and the public. Examples include ABA Journal and Legal Times. • Legal Journals: Specialized publications covering specific areas of law, such as intellectual property or environmental law. Accessed through legal databases, library catalogs, or publisher websites. • Bar Association Publications: Regularly published by professional associations, providing updates, articles, and practice tips relevant to members. Available through the association’s website or member services. 4. Formbooks and Continuing Education Materials: • Formbooks: Provide templates and sample forms for various legal documents, such as contracts, pleadings, and motions. Useful for practitioners to ensure compliance with procedural requirements and to streamline drafting. • Continuing Education Materials: Include seminar materials, CLE (Continuing Legal Education) courses, and practice guides. They are valuable for keeping legal practitioners updated on recent developments, new laws, and best practices. These resources help maintain professional competence and stay informed about changes in the law. Overall, casebooks and law textbooks are essential for foundational learning and understanding case law, Restatements clarify and summarize legal principles, periodicals offer current and specialized legal insights, and formbooks and continuing education materials are practical tools for effective legal practice. Chapter Eight True-False Questions 1. An overview of legal ideas and principles is the goal of the encyclopedia. 2. Legal encyclopedias serve as an excellent starting point for any research. 3. There is only one major legal encyclopedia: Corpus Juris Secundum (C.J.S.) by West Publishing Company. 4. Legal encyclopedias are always national in scope and never include select state references; one must consult state specific encyclopedias for state references. 5. Encyclopedias do not contain similar subject matter and references; content and resources vary by the specific encyclopedia. 6. Encyclopedias are not primary legal materials but are appropriately utilized as secondary and even tertiary source leads. 7. It is not necessary to double-check and verify cases or other legal citations found in encyclopedias before relying on them, because they are always current. 8. The only way to research using a legal encyclopedia effectively is by using the Keyword approach. 9. There are two ways to use the topical approach when consulting a legal encyclopedia. 10. Legal dictionaries provide vague references and are not useful when researching legal issues. Multiple Choice Questions 1. Legal encyclopedias: a. Provide readers with broad legal concepts. b. Deliver a skeletal framework from which to operate. c. Include a wealth of footnoting and annotations. d. All of the above. 2. The major legal encyclopedias are: a. Corpus Juris Secundum (C.J.S.), by West Publishing Company. b. American Encyclopedia (Am.Jur., Am.Jur.2d), by Lawyer’s Cooperative. c. Encyclopedia of the Law (Encyc. L.) by Thomson Corporation. d. Both a and b. 3. Encyclopedias are: a. National only in scope. b. State specific only. c. National in scope, but do include select state references. d. National in scope, but include select state and international references. 4. Encyclopedias have the following in common: a. Comprehensive general index, alphabetized by fact or descriptive word. b. Topical, narrative analysis with extensive footnotes and annotations. c. Neither a nor b. d. Both a and b. 5. Corpus Juris Secundum does not: a. Cite reported federal and state cases. b. Provide cross-references to articles in American Law Reports, Restatement of the Law, legal periodicals, and other practice books. c. Uses the Key number system present in all West publications. d. None of the above. 6. American Jurisprudence 3rd: a. Only footnotes selected federal cases. b. Cites all reported federal and state cases. c. Cites only state cases. d. Uses the Key number system. 7. Since encyclopedias are ideal when employed: a. As a starting or preliminary source of information. b. As primary legal materials would be used. c. Both a and b. d. Neither a nor b. 8. When researching an encyclopedia it is best to use a: a. Topical approach. b. Keyword approach. c. Both a and b. d. Neither a nor b. 9. Legal encyclopedias are organized by: a. Topic only. b. Topic and subtopic with no section or Key Numbers. c. Key number or section number only. d. Topic, subtopic and section or Key Number. 10. Legal dictionaries: a. Contain vague, sloppy, and undisciplined jargon and avoid rigorous definition, leaving room for the law to be interpreted. b. Serve as a common ground to resolve disputes in terminology and as a repository for the millions of terms, words, and phrases in law that no one person could ever remember. c. Contain much conceptual confusion, ambiguities in language, and imprecision in the written word. d. None of the above. Essay and Short Answer Questions 1. Discuss the general features that make all legal encyclopedias an excellent starting point for almost any legal research endeavor. 2. What are the two major legal encyclopedias found in the United States today? Who publishes them? Discuss their features, similarities and differences. 3. Explain the various processes a researcher can follow when using legal encyclopedias. 4. Discuss the place of legal dictionaries in legal research. Chapter Eight Answer Key True-False 1. True 2. True 3. False 4. False 5. False 6. True 7. False 8. False 9. True 10. False Multiple Choice 1. d 2. a 3. c 4. d 5. b 6. a 7. a 8. c 9. d 10. b Essay 1. Features Making Legal Encyclopedias an Excellent Starting Point: • Comprehensive Coverage: Provide broad overviews of various areas of law, offering a starting point for understanding general legal principles and concepts. • Structured Organization: Typically organized alphabetically by topic, making it easy to locate information on specific legal issues. • Summarized Information: Offer concise summaries and explanations of legal topics, including key case law and statutes, which help quickly grasp complex subjects. • Cross-References: Include references to related topics, cases, statutes, and secondary sources, facilitating further research and deeper exploration. 2. Major Legal Encyclopedias in the United States: American Jurisprudence (AmJur): • Publisher: Thomson Reuters. • Features: Provides a broad and detailed analysis of U.S. law, organized by topics with extensive case law, statutory references, and secondary sources. Known for its comprehensive coverage and authoritative explanations. Corpus Juris Secundum (CJS): • Publisher: West Publishing (now part of Thomson Reuters). • Features: Offers an extensive review of legal topics similar to AmJur but uses a different organizational scheme and terminology. Emphasizes clarity and detailed explanations with frequent updates. Similarities: • Both provide a wide range of legal topics and are used for initial legal research and background information. • Both are updated regularly to reflect changes in the law. Differences: • AmJur: Emphasizes an extensive network of cross-references and detailed treatment of issues. • CJS: Focuses on clear, concise explanations and is organized differently, reflecting its unique approach to legal analysis. 3. Processes for Using Legal Encyclopedias: • Identify the Topic: Determine the legal issue or area of law you are researching. • Locate the Relevant Volume: Use the alphabetical or topical index to find the appropriate volume. • Read the Summary: Review the relevant section to understand the basic principles and legal framework. • Check Cross-References: Follow references to related topics, cases, or statutes for a more comprehensive understanding. • Verify with Primary Sources: Use the encyclopedia’s references to locate and review primary legal sources such as statutes and case law for detailed information. 4. Role of Legal Dictionaries in Legal Research: • Definitions: Provide precise definitions of legal terms and concepts, which are essential for understanding legal language and jargon. • Clarification: Help clarify terms that may be ambiguous or unfamiliar, ensuring accurate interpretation and use of legal concepts. • Supplementary Resource: Used alongside encyclopedias and other legal texts to ensure correct understanding of terms and to facilitate clearer communication in legal writing and research. Legal dictionaries are crucial for defining and interpreting legal terminology, complementing the broad overviews and summaries provided by legal encyclopedias, and aiding precise and accurate legal research. Chapter Nine True-False Questions 1. The American Law Reports system is an incisive and scholarly review of relevant case law by specified subject matter. 2. The main thrust of the A.L.R. system is to discuss as many cases as possible within a given geographical area and court level. 3. Cases that are mundane, repetitive, or easily resolved are the normal subject matter of an A.L.R. article. 4. The A.L.R. system selects a case of value upon which it provides significant annotations, references, and practice pointers. 5. An A.L.R. article on a case can include headnotes, a brief synopsis of the case, various annotations and the text of the case itself. 6. To achieve a high level of understanding under the A.L.R. system, the researcher must have the problem identified before he or she opens the books. 7. Only one index exists for use with the A.L.R. system, and the only means of updating an A.L.R. article to check validity is by using Shepard’s Citations. 8. Some practitioners prefer the A.L.R. system to any other case law service because it is a system of monographs or exercises in high-level research. 9. Only federal decisions are included in A.L.R. entries. 10. Because of the astronomical size of the system, the A.L.R. is extremely difficult to use. 11. Currently, the A.L.R. is in its fifth series of publication and includes a federal and digest series as well. 12. The first step in researching the A.L.R. is to locate the A.L.R. General Index for the appropriate series. 13. The A.L.R. can be researched by keyword. 14. The A.L.R. is available only in print and cannot be accessed online. 15. Researching the A.L.R. online is similar to researching in print. Multiple Choice Questions 1. A.L.R.: a. Provides as many cases as possible within a given geographical area and court level. b. Attempts to provide the practitioner with only those cases that are legally significant in daily practice. c. Includes cases that are at best mundane, repetitive, or easily resolved are saved for the footnotes. d. Does none of the above. 2. The A.L.R. provides which of the following for any case included in the system: a. References, practice pointers, jurisdictional table, references to appropriate statutes, summary of basic legal principles, analysis of all relevant cases. b. A brief synopsis of the case, headnotes that summarize the court’s opinion, the text of the opinion being discussed. c. Both a and b. d. Neither a nor b. 3. Most of the information found in an A.L.R. entry is found in the: a. Annotations. b. Case synopsis. c. Headnotes. d. None of the above. 4. Which of the following indexes are not included with the A.L.R. Series? a. Table of case names b. Words and phrases c. Quick index d. General index 5. Which of the following are legitimate members of the A.L.R. System Series? a. A.L.R. 1st -5th b. A.L.R. Federal c. A.L.R. Digest d. All of the above 6. The A.L.R. 1st includes: a. State cases. b. Federal cases. c. State and federal cases. d. Digest references. 7. The A.L.R. 4th includes: a. State cases. b. Federal cases. c. State and federal cases. d. Digest references. 8. The A.L.R. Federal includes: a. State cases. b. Federal cases. c. State and federal cases. d. Digest references. 9. The A.L.R. Digest includes: a. State cases. b. Federal cases. c. State and federal cases. d. Digest references. 10. During compilation of the A.L.R. 3rd, federal cases were included in the A.L.R. Federal series. This was due to: a. The number of jurisdictions. b. The subject matter scope of jurisdictions. c. Both a and b. d. Neither a nor b. Essay and Short Answer Questions 1. Discuss the organization of and the resources that are included in an A.L.R. article. 2. Explain the various types of series available in the A.L.R. system. 3. Briefly explain when and why federal decisions are no longer included in the A.L.R.’s numbered series. 4. Discuss the method(s) one follows when performing legal research using the A.L.R. system. 5. Compare and contrast the A.L.R. series with a legal encyclopedia. Chapter Nine Answer Key True-False 1. True 2. False 3. False 4. True 5. True 6. True 7. False 8. True 9. False 10. False 11. True 12. False 13. True 14. False 15. True Multiple Choice 1. b 2. c 3. a 4. d 5. d 6. c 7. a 8. b 9. d 10. c Essay 1. A.L.R. Article Organization: • Structure: Organized by legal issue with case summaries, annotations, and analysis. • Resources: Includes case law, legal principles, and cross-references. 2. Types of A.L.R. Series: • ALR First, Second, Third, and Fourth Series: Successive editions focusing on evolving legal issues, with the current series covering contemporary cases. 3. Federal Decisions in A.L.R.: • Historical Inclusion: Federal cases were included in earlier series. • Current Practice: Federal cases are now covered in federal reporters; A.L.R. focuses on state cases and broader issues. 4. Using the A.L.R. System: • Identify Issue: Determine the legal question. • Find Series: Locate the relevant A.L.R. volume. • Review and Analyze: Read annotations, case summaries, and follow cross-references. 5. A.L.R. vs. Legal Encyclopedia: • A.L.R.: In-depth case analysis and specific legal issues. • Legal Encyclopedia: Broad overviews of legal topics and principles. Chapter Ten True-False Questions 1. Case law is secondary resource material in the analysis of legal problems. 2. Because the legal system relies upon precedent and adheres to the doctrine of stare decisis, case law will always remain central to the resolution of legal research problems. 3. Reporters include collections of cases from the states’ highest courts and the courts in the federal realm. 4. No annotated case reporters exist. 5. Hardbound editions of reporters are kept current by advance sheets, which are weekly or monthly updates of the more recent decisions. 6. Legal trends and decisions of adjoining states, in particular geographic regions, are compiled in regional reporters. 7. Because reporters are relatively inexpensive, state reporters are preferred to their regional counterparts. 8. There are three different official versions of Supreme Court reporters. 9. All Supreme Court reporters include headnotes and references to other publications. 10. Parties, judges, and attorneys for the plaintiff and defendant are clearly noted in reporters. 11. Amicus curiae briefs that are submitted on the behalf of one of the parties to a case are never listed in a reporter. 12. U.S. courts of appeal cases are reported in the Federal Reporter (F. 3d), now in its third series. 13. U.S. district courts, including U.S. court of claims, court of international trade, and some other now-defunct courts, report decisions nationally in the Federal Supplement (F. Supp.). 14. Because of uniform reporter standards, most cases on the local level are included in reporters. 15. Jurisdictions never review or rely upon ancillary and aligned jurisdictions in legal reasoning. 16. Aside from a reproduction of the court’s opinion in full, annotated reporters also provide a syllabus of the case or a synopsis of the entire decision, as well as a set of headnotes with key referencing, which highlights key issues in the case at hand. 17. Issue identification is the least important facet of legal research, especially when considering case law. 18. While facts and defenses to a case are still important, the most challenging task of the researcher remains issue clarification. 19. Digests are the primary finding tool to use to find case law. 20. Just like other primary resources, reporters have their own index, so the digest is used as an additional resource. Multiple Choice Questions 1. From the following citation: Jones v. Mary, 18 Pa. Super 14, 198 A.2d 1845 (1951). one can tell that the case: a. Is appellate in nature. b. Was decided in 1951. c. Originated in Pennsylvania. d. All of the above. 2. In the West Reporter series which of the following is true? a. The Key Numbers in the headnotes coincide with the Key Numbers in digest entries and other West publications. b. The judge who authored the opinion is listed along with any other presiding justices. c. Parallel citations are included to all reporters the case appears in at that level. d. All of the above. 3. Cases are usually published when they: a. Are beyond the trial stage and involve some significant question of law or fact. b. Are appellate in nature no matter what the circumstances. c. Involve a constitutional question only. d. None of the above. 4. State decisions are most often published in: a. State level reporters only. b. Regional reporters only. c. Both state and regional reporters. d. State, local and regional reporters. 5. Which of the following states is not included in the Atlantic Reporter? a. Maryland b. New York c. New Hampshire d. New Jersey 6. The Southern Reporter covers which of the following sets of states? a. Alabama, Florida, Louisiana, Mississippi b. Georgia, North Carolina, South Carolina c. North Carolina, Virginia, West Virginia d. Florida, Georgia, South Carolina 7. Which of the following is not a United States Supreme Court Reporter? a. United States Reports b. Federal Reporter c. Supreme Court Reporter d. U.S. Supreme Court Reports, Lawyers Edition 8. Which of the following reporters is not a federal level reporter? a. United States Reports b. Federal Supplement c. Pacific Reporter d. Military Justice Reporter 9. Which of the following is the most important task in analyzing case law? a. Finding a case b. Identifying the issue c. Identifying the facts d. Identifying the decision 10. The primary tool for finding case law is: a. A digest. b. An index. c. A known case. d. None of the above. Essay and Short Answer Questions 1. Discuss the various resources present in an annotated reporter that are not available in an “official” reporter. Explain how these annotated references can be of use to the researcher. 2. Explain the usefulness of the West Key Number System. Include in your discussion all West publications, as well as Westlaw resources that have been covered up to this point in your coursework. 3. Explain the usefulness of having state level appellate court decisions published in state as well as regional reporters. 4. Identify and discuss the U.S. Supreme Court, U.S. court of appeals and U.S. circuit court reporters. Identify the U.S. court of appeals and U.S. circuit court in your jurisdiction. 5. Discuss the importance of issue identification as it relates to analyzing case law. Chapter Ten Answer Key True-False 1. False 2. True 3. True 4. False 5. True 6. True 7. False 8. False 9. False 10. True 11. False 12. True 13. True 14. True 15. False 16. True 17. False 18. True 19. True 20. False Multiple Choice 1. d 2. d 3. a 4. c 5. b 6. a 7. b 8. c 9. b 10. a Essay 1. Annotated Reporters: • Resources: Include annotations, headnotes, case digests, and cross-references. • Usefulness: Help quickly find and understand relevant cases and legal principles. 2. West Key Number System: • Usefulness: Organizes cases by legal topics and numbers, aiding targeted searches. • Publications: Found in West’s National Reporter System and Westlaw. 3. State vs. Regional Reporters: • State Reporters: Cover individual state appellate decisions. • Regional Reporters: Aggregate cases from multiple states in a region. • Usefulness: Provides local detail and broader regional context. 4. U.S. Court Reporters: • U.S. Supreme Court: United States Reports (U.S.). • U.S. Court of Appeals: Federal Reporter (F., F.2d, F.3d). • U.S. District Court: Federal Supplement (F. Supp., F. Supp. 2d). • Jurisdiction: Example, Ninth Circuit (covers Western states). 5. Issue Identification: • Importance: Ensures relevant case law is analyzed and applied correctly. Test Bank for Learning Legal Research: A How-to Manual Charles P. Nemeth, Hope I. Haywood 9780130450340
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