Amy is working on a legal research project for her firm. The attorney for whom she is working has been throwing around several legal terms
Amy is working on a legal research project for her firm. The attorney for whom she is working has been throwing around several legal terms with which she is unfamiliar. She needs to define these terms before she can continue with her research so that she can answer any questions her supervising attorney may ask about the project. Amy has worked as a paralegal before, but the staff attorneys, not the paralegals, did the majority of the research in her previous firm. Because this is a new area of learning for her, she must bring herself up to speed on several basic terms.
1. Define what is meant by saying that a case is on "all fours."
a. This phrase refers to a case that a court may look to for guidance, but not one that it must rely on in making its decision.
b. A case is on "all fours" when all four elements of a case are very similar to those in the case being researched.
c. A case involving factual circumstances and issues that are similar to those in the case being researched can be said to be on "all fours."
d. A case that is on "all fours" has been cited by the U.S. Supreme Court four or more times.
2. What is a hornbook?
a. A separate pamphlet containing recent cases or changes in the law used to update legal encyclopedias and other legal authorities
b. An annual publication of the American Law Reports
c. A single-volume scholarly discussion on a particular legal subject
d. A brief comment, an explanation of a legal point, or a case summary
3. What is a pocket part?
a. A brief comment, an explanation of a legal point, or a case summary
b. A separate pamphlet containing recent cases or changes in the law used to update legal encyclopedias and other legal authorities
c. An annual publication of the American Law Reports
d. A single-volume scholarly discussion on a particular legal subject
4. What is a slip opinion?
a. A brief comment, an explanation of a legal point, or a case summary
b. A separate pamphlet containing recent cases or changes in the law used to update legal encyclopedias and other legal authorities
c. An annotated outline of a particular law that is published in a law journal
d. A judicial opinion published shortly after the decision is made and not yet included in a case reporter or advance sheets
5. Persuasive authorities include which of the following?
a. Previous court opinions from other jurisdictions
b. Legal periodicals in which the issue at hand is discussed by legal scholars
c. Legal dictionaries
d. All of these choices
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