Test Bank
to accompany
No MCQs, Only True False and Short Questions with Answers.
Legal Research and Writing for
Paralegals
Tenth Edition
Deborah E. Bouchoux
, Chapter Test Bank
Chapter 1 Finding the Law
1. If you wish to use a federal depository library, there is a small fee to do so. ___F
2. Administrative regulations are rules issued by agencies such as the
Federal Aviation Administration. ___T
3. There is one legal system in the United States. ___F
4. Once a precedent is set by a court, it cannot be changed. ___F
5. Only the holding in a case is binding and authoritative. ___T
6. Trial court decisions generally bind only the parties to the case itself. ___T
7. Cases from the U.S. Supreme Court are binding on all courts in the United States. ___T
8. 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.
9. 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)
10. 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.
11. Give two functions of secondary sources.
Secondary sources help researchers find primary sources, and they
describe/summarize/explain primary sources.
,12. 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]___.
13. 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.
14. Identify the newest online research platforms offered by Lexis and West.
The newest research platforms are Lexis+ and Westlaw Edge.
15. 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
17. 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.
18. 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.
, Chapter 2 The Federal and State Court Systems
1. For diversity jurisdiction to exist, it must be “complete,” meaning that all
plaintiffs must be citizens of different states from all defendants. ___T
2. Federal courts may provide advice to litigants. ___F
3. The vast majority of all federal cases end at the district court level. ___T
4. Each of the intermediate circuit courts of appeals is free to make its
own decisions independently of what the other circuits have held. ___T
5. All judges in the federal system are appointed by the president. ___T
6. Granting certiorari is discretionary with the U.S. Supreme Court. ___T
7. 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
9. All cases in federal court must satisfy a monetary jurisdictional limit in order
for the federal court to have jurisdiction. ___F
10. 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
11. All state court select their judges the same way, namely, by appointment by the
state governor.
___F
12. 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).
13. 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.
to accompany
No MCQs, Only True False and Short Questions with Answers.
Legal Research and Writing for
Paralegals
Tenth Edition
Deborah E. Bouchoux
, Chapter Test Bank
Chapter 1 Finding the Law
1. If you wish to use a federal depository library, there is a small fee to do so. ___F
2. Administrative regulations are rules issued by agencies such as the
Federal Aviation Administration. ___T
3. There is one legal system in the United States. ___F
4. Once a precedent is set by a court, it cannot be changed. ___F
5. Only the holding in a case is binding and authoritative. ___T
6. Trial court decisions generally bind only the parties to the case itself. ___T
7. Cases from the U.S. Supreme Court are binding on all courts in the United States. ___T
8. 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.
9. 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)
10. 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.
11. Give two functions of secondary sources.
Secondary sources help researchers find primary sources, and they
describe/summarize/explain primary sources.
,12. 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]___.
13. 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.
14. Identify the newest online research platforms offered by Lexis and West.
The newest research platforms are Lexis+ and Westlaw Edge.
15. 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
17. 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.
18. 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.
, Chapter 2 The Federal and State Court Systems
1. For diversity jurisdiction to exist, it must be “complete,” meaning that all
plaintiffs must be citizens of different states from all defendants. ___T
2. Federal courts may provide advice to litigants. ___F
3. The vast majority of all federal cases end at the district court level. ___T
4. Each of the intermediate circuit courts of appeals is free to make its
own decisions independently of what the other circuits have held. ___T
5. All judges in the federal system are appointed by the president. ___T
6. Granting certiorari is discretionary with the U.S. Supreme Court. ___T
7. 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
9. All cases in federal court must satisfy a monetary jurisdictional limit in order
for the federal court to have jurisdiction. ___F
10. 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
11. All state court select their judges the same way, namely, by appointment by the
state governor.
___F
12. 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).
13. 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.
