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Legal Research and Writing exam / 242 Questions and Answers/ Verified.

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Legal Research and Writing exam
2023- 2024/ 242 Questions and
Answers/ Verified.
Types of Primary Authorities (*almost always binding) - -Case law
Constitutions
Statutes
Administrative agency opinions
Executive orders
Treaties
Ordinances


-Types of Secondary Authorities (persuasive) - -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 - -Not the law but
comments on or explains the law

,-Types of Finding Tools - -Legal Digest, Citators, Index


-Which source/s of law are given the most weight in legal
research - -Primary


-Which sources of law should never be cited or quoted? - -
Finding Tools


-What are citators - -Updates the law, used when shepardizing


-Source for case law - -judiciary


-Source of the Constitutions, Ordinances, Statutes, Regulations -
-legislature


-Course for administrative rules - -administrative agencies


-The source of Executive Orders & Treatises - -executive branch


-Secondary Authority helps you - -to understand complex legal
issues


-Stare Decisis - -Lower courts following the decisions or
precedents of a higher court in their jurisdiction.

,-Ratio Decidendi - -reason for the decision


-Obiter Dictum - -A remark in passing


-Type of Trial Courts in NC - -district
superior


-Appellate Courts in NC are - -nc court of appeals & supreme
court of nc


-Official Reporters of the NC Appellate court abbreviation? - -N.C.
App., N.C.


-The Federal Appellate Courts are called - -Supreme Court & US
Court of Appeals


-Federal Trial Courts are called - -US District Courts


-Regional Reporter of NC Appellate Courts? - -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. - -Reversible error

, -Error found by an appellate court to have occurred at trial that
did not sufficiently prejudiced the outcome to warrant reversal. -
-Harmless Error


-Federal Trial Court Reporter Abbreviation? - -Federal
Supplement (F. Supp., F. Supp. 2d)


-Federal Appellate Court Reporter Abbreviation ? - -Federal
Reporter, Second Series (F., F.2d, F.3d)


-US Supreme Court Reporter is called what? Abbreviation? book
only - -United States Reports (U.S.)


-The only court to publish decisions is the? - -Federal Trail Court


-US Supreme Court call their judges what? - -justices


-You will find the US Court of Appeals within what? - -located in
each circuit


-The term used when the full panel of judges on the appellate
court hears a case. - -en banc


-State District Courts Hear what type of cases? - -civil, domestic
relations, misdemeanors, juvenile

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