1|Page
LRW EXAM PREP/COMPREHENSIVE STUDY
GUIDE/ACTUAL EXAM QUESTIONS WITH ACCURATE
SOLUTIONS/NEWEST UPDATE GRADED A+
1. sources of law (5) - ANSWERS--Case law, constitutions, statutes,
administrative regulations, the executive branch
Primary sources of law (7) - ANSWERS--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) - ANSWERS--• 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
,2|Page
• 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***
• 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
,3|Page
primary v. secondary sources - ANSWERS--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 - ANSWERS--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 - ANSWERS--a written plan that provides the basic
framework of a government
· a body of fundamental principles or established precedents
according to which a state or other organization is acknowledged to
be governed.
· State and nation
· The U.S constitution & the Wisconsin Constitution
common law vs enacted law - ANSWERS--· The 'common law' = case
law
o means the substantive law and procedural rules that have been
created by the judges through the decisions in the cases they have
heard
, 4|Page
o Judicial
o Primary law
· Enacted law = statute law that has been passed and put into effect
o Primary
o Is in effect
statutes v. regulations - ANSWERS--· Laws created by agencies are
called "regulations."
· Regulations usually must be authorized by a statute,
· However, they have the same legal force as statutes.
· Agencies are part of the executive branch of state and federal
government, and thus are tasked with the execution of the law
· Regulations = executive
EPA regulations
functions of statutes - ANSWERS--1.) Create new law
2.) Change existing law
3.) Codify (organize if messy)
relationship between statutes and cases - ANSWERS--· Statutes can
override cases
· Cases can only ever say if a statute is unconstitutional (only time
judge may do this)
o (judicial review)
LRW EXAM PREP/COMPREHENSIVE STUDY
GUIDE/ACTUAL EXAM QUESTIONS WITH ACCURATE
SOLUTIONS/NEWEST UPDATE GRADED A+
1. sources of law (5) - ANSWERS--Case law, constitutions, statutes,
administrative regulations, the executive branch
Primary sources of law (7) - ANSWERS--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) - ANSWERS--• 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
,2|Page
• 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***
• 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
,3|Page
primary v. secondary sources - ANSWERS--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 - ANSWERS--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 - ANSWERS--a written plan that provides the basic
framework of a government
· a body of fundamental principles or established precedents
according to which a state or other organization is acknowledged to
be governed.
· State and nation
· The U.S constitution & the Wisconsin Constitution
common law vs enacted law - ANSWERS--· The 'common law' = case
law
o means the substantive law and procedural rules that have been
created by the judges through the decisions in the cases they have
heard
, 4|Page
o Judicial
o Primary law
· Enacted law = statute law that has been passed and put into effect
o Primary
o Is in effect
statutes v. regulations - ANSWERS--· Laws created by agencies are
called "regulations."
· Regulations usually must be authorized by a statute,
· However, they have the same legal force as statutes.
· Agencies are part of the executive branch of state and federal
government, and thus are tasked with the execution of the law
· Regulations = executive
EPA regulations
functions of statutes - ANSWERS--1.) Create new law
2.) Change existing law
3.) Codify (organize if messy)
relationship between statutes and cases - ANSWERS--· Statutes can
override cases
· Cases can only ever say if a statute is unconstitutional (only time
judge may do this)
o (judicial review)
