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Question 1
An example of a primary source is:
Correct
Incorrect!
Correct
Incorrect!
Correct Treatises, legal encyclopedias and law review articles are all secondary sources. Judicial decisions are primary sources. Therefore, (c) is the correct answer.
Incorrect! Treatises, legal encyclopedias and law review articles are all secondary sources. Judicial decisions are primary sources. Therefore, (c) is the correct answer.
Correct
Incorrect!
Question 2
A law digest is:
Correct
Incorrect!
Correct A law digest is a secondary source, not a primary source. A legal source cannot be both primary and secondary
Incorrect! A law digest is a secondary source, not a primary source. A legal source cannot be both primary and secondary
Correct
Incorrect!
Correct
Incorrect!
Question 3
Mary is a law librarian for the local trial court's law library. A very confused first year law student approaches her and asks her for a tour of the library, a request with which Mary is happy to comply. As she follows Mary through the library, the first year law students points to the United States Reports and asks Mary what types of writings are contained within them. Mary responds that the United States Reports is a reporter in which one will find:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 4
John and Laura are opposing counsel in a negligence case involving a motor vehicle collision. The plaintiff was struck by the defendant’s vehicle while in the crosswalk. The defendant, represented by John, has asserted the defense that although the plaintiff was in the crosswalk, the plaintiff was crossing on a “do not walk” signal, and the defendant had the right of way. The plaintiff argues that whether the defendant has the right of way is irrelevant – because the plaintiff was in the crosswalk, the defendant had the duty of care to not hit the plaintiff. Both John and Laura recognize that there is a split of opinion in the jurisdiction. The judge, noting the split, asks John to explain the opinions of noted legal scholars in tort law regarding the issue in question. To what authorities should John refer?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Treatises are written by legal scholars proficient in a certain area of the law. Often, when an uncertainty in the law exists, legal professionals will review a treatise to determine whether the legal scholars have offered an opinion on the issue. Most courts find such opinions very persuasive.
Incorrect! Treatises are written by legal scholars proficient in a certain area of the law. Often, when an uncertainty in the law exists, legal professionals will review a treatise to determine whether the legal scholars have offered an opinion on the issue. Most courts find such opinions very persuasive.
Question 5
John and Laura are opposing counsel in a negligence case involving a motor vehicle collision. The plaintiff was struck by the defendant’s vehicle while in the crosswalk. The defendant, represented by John, has asserted the defense that although the plaintiff was in the crosswalk, the plaintiff was crossing on a “do not walk” signal, and the defendant had the right of way. The plaintiff argues that whether the defendant has the right of way is irrelevant – because the plaintiff was in the crosswalk, the defendant had the duty of care to not hit the plaintiff. Both John and Laura recognize that there is a split of opinion in the jurisdiction. The judge, noting the split, asks John to explain the opinions of noted legal scholars in tort law regarding the issue in question. What other sources could John cite?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Not all noted legal scholars publish treatises. Some frequently write articles about particular subjects, and these articles may be published in various law journals, law reviews, or bar association publications. As long as the author is well-respected, such articles can be as equally persuasive as treatises.
Incorrect! Not all noted legal scholars publish treatises. Some frequently write articles about particular subjects, and these articles may be published in various law journals, law reviews, or bar association publications. As long as the author is well-respected, such articles can be as equally persuasive as treatises.
Question 6
John is beginning his career as an environmental attorney in a small, non-profit organization. John attended law school in Virginia. His new office, however, is in Oregon. Unfamiliar with Oregon's current environmental laws, it is a good idea for John to first review:
Correct
Incorrect!
Correct
Incorrect!
Correct While judicial decisions, regulations and a legal digest can help you understand the jurisdiction's environmental laws, to read current law, the first place to start is the jurisdiction's codified statutes. Therefore, (c) is the correct answer.
Incorrect! While judicial decisions, regulations and a legal digest can help you understand the jurisdiction's environmental laws, to read current law, the first place to start is the jurisdiction's codified statutes. Therefore, (c) is the correct answer.
Correct
Incorrect!
Question 7
Andy is an attorney licensed to practice in New York. Because New York has its own reporter, Andy has never had any reason to look in any reporter other than the New York Reports and other New York publications. Mike, one of the senior partners in Andy's firm, asks Andy to look in the regional reporter in the library and find a specific Connecticut judicial decision. Andy, having never heard of a regional reporter, asks Mike for a definition of regional reporter. Mike explains that a regional reporter is:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Regional reporters are commercial publications that include judicial decisions from particular states. They are not published by the states themselves and do not contain legal articles. Furthermore, they are not newspapers ' they are bound volumes.
Incorrect! Regional reporters are commercial publications that include judicial decisions from particular states. They are not published by the states themselves and do not contain legal articles. Furthermore, they are not newspapers ' they are bound volumes.
Question 8
Legal encyclopedias only discuss national legal trends:
Correct
Incorrect!
Correct While some legal encyclopedias are national in nature, others only concern a sole jurisdiction.
Incorrect! While some legal encyclopedias are national in nature, others only concern a sole jurisdiction.
Question 9
Joe is an attorney who specializes in medical malpractice. Carol, an old, personal friend of Joe's is in a motor vehicle accident and asks Joe to represent her as a personal favor. Joe agrees, but is concerned that he knows little about the area of law concerning motor vehicle collisions. Out of the following, which will Joe find the most useful for gaining a deep understanding of the law in his jurisdiction concerning motor vehicle collisions?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct While the other sources are helpful, if you need a deep understanding of a particular area of law and need a source that will offer detailed, in-depth information about a particular area of law, a treatise is your best option.
Incorrect! While the other sources are helpful, if you need a deep understanding of a particular area of law and need a source that will offer detailed, in-depth information about a particular area of law, a treatise is your best option.
Question 10
Why is reviewing the volume's pocket part essential?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Pocket parts update an already published volume to make the contents therein current. If you do not review the pocket part and only rely on what is in the bound volume, it is incredibly possible that you will wind up citing law that has either since been overruled, extended, restricted, or otherwise amended.
Incorrect! Pocket parts update an already published volume to make the contents therein current. If you do not review the pocket part and only rely on what is in the bound volume, it is incredibly possible that you will wind up citing law that has either since been overruled, extended, restricted, or otherwise amended.