Legal Research Final Exam Flashcards

Law
Terms Definitions
Hearsay
inadmissable
Court
permanent residence
domicile
jactation
boasting; bragging.
law
jus (jura pl.)
idem (id.)
same as above
idem (id.)
look up
(history) Reh gran
rehearing/reconsideration granted
body of law
corpus juris
videlicet (viz.)
it is easy to use, that is to say, namely
videlicet (viz.)
piece of cake!
res judicata
a thing adjudged
res judicata
the matter is over
appellant
a person who appeals.
Autonomy
patients right to decide treatment
________ is latin for "confer," meaning "compare with."
cf.
frabjous
wonderful, elegant, superb, or delicious.
appeal
review by a higher court
ARRAIGNMENT
the process whereby a defendant enters a plea
Censorship
1st Amendment - Limit on limitation
symbol appropriated by one who produces a particular thing
trademark
stare decisis
to abide by decided cases
to be made up; to become
fieri
to be made up; to become
put on your face; future 'is'
Belittles
To make some one/something un important
affixial
something that is joined or attached.
slander
defamation by oral utterance rather than by writing
settlor
one who creates a trust, trustor
Indictment
A formal accusation of a felony, issued by a grand jury after considering evidence presented by a prosecutor.
STARE DECISIS
the process of referring to precedents
What is defined as unlawful touching of someone without that person's permission?
battery
Adversarial
What American system of justice is. Which means that P and D are responsible of commencing the action, framing the legal issues, producing factual evidence to support their claims, and in the case of a jury trial, persuading the jury facts are as the parties have alleged.
that which conclusively decides; a matter adjudged

a thing adjudicated; a case that has been decided
res judicata
A voluntary contract between two or more persons to place their money, efforts, labor in skill in a lawful business with the understanding that there shall be a proportional sharing between them of the profits and losses.
partnership
acquittal
release or discharge of an obligation or liability; in criminal law, a finding of not guilty
sic
thus,so, in such manner, used to indicate an error in original quoted material
sic
oops...he didn't say that!
Tort is a French word for “wrong.”
True
Punitive/Exemplary damages
Under: Tort Lawdamages to compensate injured plaintiffs in tort case.
ubiquitous
existing or being everywhere, esp. at the same time; omnipresent:
affidavit
a written declaration upon oath made before an authorized official.
court of appeals
an appellate court intermediate between the trial courts and the court of last resort
agreement
meeting of the minds, preliminary to contract formation required.
opposition
the action of resisting, or combating; a person or group of people opposing, criticizing, or protesting something
HOW ARE STATUTES UPDATED (STATUTE)
Pocket PartWest’s Illinois Legislative Service. Advance Session Law publication. Westl/LexisWeb
Must use GFI
ground fault interruptersstops flow of electricity more than 5mAmp2-3 above floor4ft above hydroc
Name the one specialty case reporter.
American Law Reports
Fee simple absolute
Estate, freehold estate, free & clear. Ownership of property with no limitations, restrictions, or conditions. The maximum ownership a person can have in property
Give the abbreviation according to the California Style Manual.

Water Code
Wat. Code
civil law
laws which relate to private rights and remedies, distinguished from criminal
jus gentium
the law of the nations; international law
jus gentium
The Hague enterprets this, like a gentleman
To commit trespass to land, a person must harm the land
False
involuntary rules (3)
1. mentally disorder
2. dangerous to self or others
3. unable to provide basic needs
gravamen
the part of an accusation that weighs most heavily against the accused; the substantial part of a charge or complaint.
summons
a call or citation by authority to appear before a court or a judicial officer
antitrust laws
federal and state laws to prevent retraint of trade, price-fixing, price discrimination, monopolies, or other conduct detrimental to free commerce
mundane
pertaining to this world or earth as contrasted with heaven; earthly, common, ordinary, banal or unimaginative
How are individual Restatements updated?
Pocket parts provide the updates.
T/F - The SUDOC is a system arranging materials by the agency that issues them.
True
Diversity of Citizenship
Citizens of two states - over $75,000
per curiam

a) By the person
b) Against the thing
c) By the court
d) In the last month
c) By the court
Purpose for legal research
Find authority on point
law is scattered, evolving and complex
sub nomine
under the name of, in the name of,under the title of
sub nomine
by someone else permission
Plaintiff
The party that institutes a suit in a court. The party that institutes a suit in a court. a person who brings suit in a court
plea
an allegation made by a party to a legal suit, in support of his or her claim or defense; a defendant's answer to a legal declaration or charge
litigation
contest in a court of law for the purpose of enforcing a right or seeking a remedy
How are individual Restatements organized?
By chapter, topics and numbered sections.
Name the two OH administrative code resources.
Ohio Monthly Record
Ohio Administrative Code
that which does not follow; illogical conclusion
non sequitur (non seq.)
manu forti
with a strong hand; forcible entry
manu forti
kicking a door in or breaking a window to gain access to a building
Laws
A set of rules to be followed by in the community
Amicus Curiae
a person who is not a party to a lawsuit but who petitions the court or is requested by the court to file a brief in the action because that person has a strong interest in the subject matter; "friend of the court"
List two common methods of updating treatise.
Hardbound treatise (West) pocket part

Looseleaf type treatise (Matthew Bender) inter-filing
In forma pauperis
referring to a party to a lawsuit who gets filing fees waived by filing a statement, often in the form of an affidavit, declaring the inability to pay.
oral law
a code of conduct in use in a given culture, religon and communities
Fact pattern about finding legislative history on a statute:
USCA -> Citations to USCCAN -> Go to page in USCCAN for comittee report -> OR get public law number or bill number or statutes at large cite -> Enter in lexis CIS -> enter the number -> Click legislative history -> Retrieve the legislative history you are looking for.
What is the most comprehensive Digest system?
How is it organized?
The American Digest System
up until 1896: Century Digest
after that, every ten years as the Decennial Digest System. Each has a title like "Third Decennial"
How is Hein Online distinct from LegalTrac and the Index to Legal Periodicals?
HeinOnline is full text (in pdf format?)
HOW DO YOU BEGIN THE PROCESS OF RESEARCH?
Analyze the Facts. Identify the Issue. Generate search terms, synonym, and terms of art use to find authority. Remember to Ask Librarian
What does the yellow triangle or Lexis or the yellow flag on Westlaw mean?
Some negative treatment but has not been overruled or reversed.
Do statutes have authority outside of their jurisdiction?
No, not at all. They can't even be considered persuasive.
/ 84
Term:
Definition:
Definition:

Leave a Comment ({[ getComments().length ]})

Comments ({[ getComments().length ]})

{[comment.username]}

{[ comment.comment ]}

View All {[ getComments().length ]} Comments
Ask a homework question - tutors are online