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Legal Research and Writing for Paralegals 9th Edition By Deborah E. Bouchoux
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Legal Research and Writing for Paralegals 9th Edition By Deborah E. Bouchoux
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Test Bank For Legal Research and Writing for Paralegals 9thEdition By Deborah E. Bouchoux
Types of Primary Authorities (*almost always binding) - ANSWER:Case law
Constitutions
Statutes
Administrative agency opinions
Executive orders
Treaties
Ordinances
Types of Secondary Authorities (persuasive) - ANSWER:Legal encyclopedias
Annotations
Legal periodicals
Dictionaries
Attorney general opinions
Restatement
Treatises
Secondary authority is: A. The law itself B. Not the law but comments on or explains
the law C. Research books and materials that tell you where to find the law -
ANSWER:Not the law but comments on or explains the law
Types of Finding Tools - ANSWER:Legal Digest, Citators, Index
Which source/s of law are given the most weight in legal research - ANSWER:Primary
Which sources of law should never be cited or quoted? - ANSWER:Finding Tools
What are citators - ANSWER:Updates the law, used when shepardizing
Source for case law - ANSWER:judiciary
Source of the Constitutions, Ordinances, Statutes, Regulations - ANSWER:legislature
Course for administrative rules - ANSWER:administrative agencies
The source of Executive Orders & Treatises - ANSWER:executive branch
Secondary Authority helps you - ANSWER:to understand complex legal issues
Stare Decisis - ANSWER:Lower courts following the decisions or precedents of a
higher court in their jurisdiction.
Ratio Decidendi - ANSWER:reason for the decision
,Obiter Dictum - ANSWER:A remark in passing
Type of Trial Courts in NC - ANSWER:district
superior
Appellate Courts in NC are - ANSWER:nc court of appeals & supreme court of nc
Official Reporters of the NC Appellate court abbreviation? - ANSWER:N.C. App., N.C.
The Federal Appellate Courts are called - ANSWER:Supreme Court & US Court of
Appeals
Federal Trial Courts are called - ANSWER:US District Courts
Regional Reporter of NC Appellate Courts? - ANSWER:Southeastern Reporter
(unofficial)
A mistake committed by a trial court that is serious enough to warrant a new trial
because the mistake could have affected the outcome of the original trial. -
ANSWER:Reversible error
Error found by an appellate court to have occurred at trial that did not sufficiently
prejudiced the outcome to warrant reversal. - ANSWER:Harmless Error
Federal Trial Court Reporter Abbreviation? - ANSWER:Federal Supplement (F. Supp.,
F. Supp. 2d)
Federal Appellate Court Reporter Abbreviation ? - ANSWER:Federal Reporter,
Second Series (F., F.2d, F.3d)
US Supreme Court Reporter is called what? Abbreviation? book only -
ANSWER:United States Reports (U.S.)
The only court to publish decisions is the? - ANSWER:Federal Trail Court
US Supreme Court call their judges what? - ANSWER:justices
You will find the US Court of Appeals within what? - ANSWER:located in each circuit
The term used when the full panel of judges on the appellate court hears a case. -
ANSWER:en banc
State District Courts Hear what type of cases? - ANSWER:civil, domestic relations,
misdemeanors, juvenile
, NC Supreme Court has how many associate justices and chief justices? - ANSWER:6
associate justices, 1 chief justice
How a bill becomes law? (hint: four steps) - ANSWER:1. written 2. discussed in
committee & voted 3. discussed in House of Reps. and Senate & voted on in both 4.
President signs it or vetoes it (which brings back to Congress, needs 2/3 vote to
override veto)
Starts out as a bill then is called a what? - ANSWER:statute
A bill fails to become law because the president did not sign it within ten days before
Congress adjourns. - ANSWER:Pocket Veto
The United States Code is divided into these and every law has to fit into one of
these? - ANSWER:titles
Regulations come from? - ANSWER:state or federal agencies
These are federal regulations located in the CFR, and congress does not pass the
actual regulation. - ANSWER:Code of Federal Regulations
A statute enacted by Congress that establishes the administrative agency and
powers of the agency being created. - ANSWER:Enabling legislation
Federal Statutes found where? - ANSWER:U.S. Code, U.S. Code Annotated, U.S. Code
Service
Abbreviation for United States Code - ANSWER:U.S.C.
When quoting a case, you cannot quote anything that appears before the ___. -
ANSWER:judges names
abbreviation for United States Code Annotated - ANSWER:U.S.C.A.
abbreviation for United States Code Service - ANSWER:U.S.C.S.
Any NC state case will have a? - ANSWER:parallel citation
Short written summary and analysis of a case for your own use? - ANSWER:case brief
Do not use ___ in citations. - ANSWER:et al
A tool to get you into cases and used to look up a topic. - ANSWER:digest
annotation that tells you the law on a very specific factual topic - ANSWER:American
Law Review (ALR)
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