1
LRW EXAM PREP/COMPREHENSIVE
STUDY GUIDE/ACTUAL EXAM
QUESTIONS WITH ACCURATE
SOLUTIONS/NEWEST UPDAT Questions
with Correct Answers for Specific
Exam Mail
E
1. sources of law (5)
Ans: Case law, constitutions, statutes, administrative
regulations, the executive branch
Primary sources of law (7)
Ans: Actual laws; these include constitutions, statutes,
case law/common law (judicial opinions), regulations
(executive), executive orders (executive),
Rules of procedure (legislative/judicial), treaties
(executive/legislative)
Secondary Sources of Law (13)
:
vPretest - Stuvia US
,2
Ans: • Encyclopedias- (AmJur2d and C.J.S are main two
legal encyclopedias) comprehensive coverage of legal
topics, not in depth, objective
• Law review- commentary on law, subjective
• Bar journals- practical applications, subjective or
objective. Short articles of practical interest of local
lawyers.
• Practice manuals
• CLE- continued learning education (lawyers must keep
up with new law)
• Legislative history
• Treatises- In depth scholarly treatment of legal system,
nuances of subject, subjective but can be objective,
hornbooks
o they contain commentaires (a series of short articles)
written by scholars usually restricted to one area of the
law and organized by chapter, section and paragraph
o
• A.LR- American law report, new or emerging law, in
depth, narrow, cutting edge topic, (opposite of
encyclopedia) ***If you find this then a lot of work is done
for you***
:
vPretest - Stuvia US
,3
• Restatements- ALI (American Law Institute) restate laws
in an organized way of all states, not binding unless
adapted by a court (second restatement of contracts)
o a scholarly completion of the common law produced
by the American Law Institute they will write about what
they think the law is or should be
• Uniform law- commission that gets together to figure out
what laws need clarification, UCC began as this but was
adapted, WI version of UCC which was adapted = is
primary but otherwise secondary.
• Periodical publications
• Dictionaries
• Foreign sources
primary v. secondary sources
:
vPretest - Stuvia US
, 4
Ans: Primary sources of law= LAW, secondary sources are
NOT the law
Secondary sources of law are always persuasive only
Primary sources can be persuasive or binding
Judicial Review
Ans: Allows the court to determine the constitutionality of
laws
o Legislature has the power to change common law but
judges can review a statute to see if it is constitutional
(only in this instance)
o Power of court to test and invalidate statute for
unconstitutional only
constitutions
:
vPretest - Stuvia US
LRW EXAM PREP/COMPREHENSIVE
STUDY GUIDE/ACTUAL EXAM
QUESTIONS WITH ACCURATE
SOLUTIONS/NEWEST UPDAT Questions
with Correct Answers for Specific
Exam Mail
E
1. sources of law (5)
Ans: Case law, constitutions, statutes, administrative
regulations, the executive branch
Primary sources of law (7)
Ans: Actual laws; these include constitutions, statutes,
case law/common law (judicial opinions), regulations
(executive), executive orders (executive),
Rules of procedure (legislative/judicial), treaties
(executive/legislative)
Secondary Sources of Law (13)
:
vPretest - Stuvia US
,2
Ans: • Encyclopedias- (AmJur2d and C.J.S are main two
legal encyclopedias) comprehensive coverage of legal
topics, not in depth, objective
• Law review- commentary on law, subjective
• Bar journals- practical applications, subjective or
objective. Short articles of practical interest of local
lawyers.
• Practice manuals
• CLE- continued learning education (lawyers must keep
up with new law)
• Legislative history
• Treatises- In depth scholarly treatment of legal system,
nuances of subject, subjective but can be objective,
hornbooks
o they contain commentaires (a series of short articles)
written by scholars usually restricted to one area of the
law and organized by chapter, section and paragraph
o
• A.LR- American law report, new or emerging law, in
depth, narrow, cutting edge topic, (opposite of
encyclopedia) ***If you find this then a lot of work is done
for you***
:
vPretest - Stuvia US
,3
• Restatements- ALI (American Law Institute) restate laws
in an organized way of all states, not binding unless
adapted by a court (second restatement of contracts)
o a scholarly completion of the common law produced
by the American Law Institute they will write about what
they think the law is or should be
• Uniform law- commission that gets together to figure out
what laws need clarification, UCC began as this but was
adapted, WI version of UCC which was adapted = is
primary but otherwise secondary.
• Periodical publications
• Dictionaries
• Foreign sources
primary v. secondary sources
:
vPretest - Stuvia US
, 4
Ans: Primary sources of law= LAW, secondary sources are
NOT the law
Secondary sources of law are always persuasive only
Primary sources can be persuasive or binding
Judicial Review
Ans: Allows the court to determine the constitutionality of
laws
o Legislature has the power to change common law but
judges can review a statute to see if it is constitutional
(only in this instance)
o Power of court to test and invalidate statute for
unconstitutional only
constitutions
:
vPretest - Stuvia US
