No MCQs, Only True False and Short Questions with Answers.

Test Bank to accompany Legal Research and Writing for Paralegals Tenth Edition Deborah E. Bouchoux No MCQs, Only True False and Short Questions with Answers. 1 / 4

Chapter Test Bank Chapter 1 Finding the Law

• If you wish to use a federal depository library, there is a small fee to do so. ___F

• Administrative regulations are rules issued by agencies such as the

Federal Aviation Administration. ___T

• There is one legal system in the United States. ___F

• Once a precedent is set by a court, it cannot be changed. ___F

• Only the holding in a case is binding and authoritative. ___T

• Trial court decisions generally bind only the parties to the case itself. ___T

• Cases from the U.S. Supreme Court are binding on all courts in the United States. ___T

• Why does a chronological organization of cases make research difficult?

A chronological organization of cases makes research difficult because the organization is by date rather than by topic. Thus, when researchers are asked to find, for example, cases related to contracts, they are not gathered in one place but are rather spread out over several volumes.

• Identify three sources of law in the United States.

In the United States, are law is found in cases, statutes, constitutions, administrative regulations, and in some executive materials (treaties, executive orders)

• What does it mean to say that the United States is a common law country?

Historically, the United States derived its laws from judicial decisions rather than from constitutions or statutes. Although the United States does rely on constitutions and statutes at this time, the interpretation of those authorities is dependent on what a court states. Thus, in the United States, although a statute might appear to govern a particular case, it is a court’s interpretation of that statute rather than the naked statutory language that governs.

• Give two functions of secondary sources.

Secondary sources help researchers find primary sources, and they describe/summarize/explain primary sources.

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• In a case, there will be a holding and then there may be other remarks or judicial

comments. These remarks and judicial comments, which are persuasive and not authoritative are called ___[dicta]___.

• What source can you use to determine if a country is a civil law country or a common law

country?One can use Table T.2 of The Bluebook, available exclusively online.

• Identify the newest online research platforms offered by Lexis and West.

The newest research platforms are Lexis+ and Westlaw Edge.

• What is the most critical difference between primary authorities and secondary

authorities.Primary authorities are binding on a court, agency, or tribunal. If they are relevant, they must be followed. The secondary authorities are persuasive only and need not be followed.

16. Identify the following as primary or secondary authority:

Jones v. Smith Primary An article about Jones v. Smith Secondary Amendment IV to the U.S. Constitution Primary A discussion in a set of books about the amendments to the U.S. Constitution Secondary A New Jersey statute relating to probate Primary A set of books relating to probate Secondary A regulation of the Securities and Exchange Commission Primary An encyclopedia discussion about the Securities and Exchange Commission Secondary

• Give a very brief description of the difference between common law countries and civil

law countries.Common law countries rely heavily (although not exclusively) on case law; civil law countries rely heavily (although not exclusively) on statutes.

• When can the U.S. Supreme Court depart from its own earlier decisions?

Higher courts can depart from a previously announced rule of law if there is a special justification or “strong grounds” for such change.

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Chapter 2 The Federal and State Court Systems

• For diversity jurisdiction to exist, it must be “complete,” meaning that all

plaintiffs must be citizens of different states from all defendants. ___T

• Federal courts may provide advice to litigants. ___F

• The vast majority of all federal cases end at the district court level. ___T

• Each of the intermediate circuit courts of appeals is free to make its

own decisions independently of what the other circuits have held. ___T

• All judges in the federal system are appointed by the president. ___T

• Granting certiorari is discretionary with the U.S. Supreme Court. ___T

• A case from the California Supreme Court cannot be appealed to the U.S.

Supreme Court. ___F

8. All state courts have an identical structure: trial courts, intermediate.

appellate courts, and a top court (usually called the supreme court). ___F

• All cases in federal court must satisfy a monetary jurisdictional limit in order

for the federal court to have jurisdiction. ___F

• When the U.S. Supreme Court denies certiorari, it can be interpreted that the

Supreme Court agreed with the decision below (and thus, there is no need for an appeal to the Supreme Court). ___F

• All state court select their judges the same way, namely, by appointment by the

state governor.___F

• What does it mean to say that the U.S. Supreme Court has original jurisdiction?

Original jurisdiction means that the U.S. Supreme Court can act as a trial court (in very limited circumstances).

• Identify and describe the two types of cases that are resolved by federal courts.

Federal courts may hear cases based on federal question jurisdiction and those based on diversity jurisdiction. Federal question cases are those arising under the U.S. Constitution, a U.S. or federal law, or a treaty. Diversity cases are those that involve a citizen of one state(s) suing a citizen of another state(s) and which have at least $75,000 in controversy.

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