Legal Research & Writing Exam Questions
With Correct Answers
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
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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
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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