Question 1

include decisions of the courts in the United States, statutes, rules and regulations, presidential orders, and any documents that establish the law.

Accepted Answer

Primary sources are documents that establish the law, such as decisions of the courts in the United States, statutes, rules and regulations, and presidential orders.

Question 2

Secondary sources are often referred to as because they help researchers to locate primary sources on topics they are researching.

Accepted Answer

Finding tools, such as indexes, bibliographies, and databases, are commonly used by researchers to locate primary sources on specific topics. Secondary sources can provide valuable information about primary sources and help point researchers in the right direction, hence they are often called finding tools.

Question 3

The New Jersey Supreme Court is deciding the rights of a surrogate mother in an adoption case. The court has never had to decide this issue before. This is called a

Accepted Answer

A case of first impression occurs when a court is faced with a legal issue that has never been decided before. In this case, the New Jersey Supreme Court has never had to decide the rights of a surrogate mother in an adoption case, making it a case of first impression.

Question 4

Any legal authority, or source of law, that a court may look to for guidance but that it is not required to follow in making its decision is called a authority.

Accepted Answer

Persuasive authority is any legal authority that a court may look to for guidance but is not required to follow. This includes sources such as judicial opinions from other jurisdictions, legal treatises, and law review articles. While secondary sources can also be persuasive authority, the term "persuasive authority" is typically used to refer to primary sources of law.

Question 5

Law books and articles that summarize, systematize, compile, explain, and interpret the law are called

Accepted Answer

Secondary sources are books and articles that summarize, systematize, compile, explain, and interpret the law. They do not have binding authority, but they are often persuasive authorities that can help guide legal analysis and argumentation. Primary sources, on the other hand, are the actual text of legal authorities, such as statutes, regulations, and court decisions. Binding authorities are primary sources that establish legal precedent and must be followed in subsequent cases. Persuasive authorities are sources that may be considered by a court in reaching a decision, but are not binding precedent.

Question 6

John is researching a breach-of-warranty claim, and he locates an article in a legal encyclopedia that supports his client's position, citing cases from other jurisdictions. The material in the encyclopedia is a authority.

Accepted Answer

The material in the encyclopedia is a secondary authority, but it is persuasive because it cites cases from other jurisdictions that support John's client's position. Primary authority would be the actual cases or statutes that directly apply to the situation at hand, while binding authority would be from a court within John's jurisdiction that has issued a ruling directly on the issue.

Question 7

Which of the following is an example of a persuasive authority?

Accepted Answer

All of these choices are examples of persuasive authority. Persuasive authorities are materials that a court may consider but is not obligated to follow. They can include legal opinions from other jurisdictions, law reviews, and legal encyclopedias, among others, to persuade or guide the court in making its decision.

Question 8

Which of the following statements is not true regarding persuasive authorities?

Accepted Answer

Persuasive authorities are not binding on all courts. They are merely sources of guidance and may include previous court opinions from other jurisdictions.

Question 9

Which of the following statements is true regarding persuasive authorities?

Accepted Answer

Persuasive authorities are not binding on any court, as they do not have the same level of authority as binding authorities such as statutes or precedents from a higher court. Rather, persuasive authorities are sources of guidance or inspiration that may be used by a court in making its decision, but are not binding on the court.

Question 10

offers definitions and interpretations of legal terms and phrases. Each term or phrase in this 132-volume set is followed by brief summary statements from federal or state court decisions in which the word or phrase has been interpreted or defined.

Accepted Answer

Words and Phrases offers definitions and interpretations of legal terms and phrases with brief summaries of court decisions.

Question 11

In a case of first impression, the court

Accepted Answer

In a case of first impression, the court often refers to persuasive authorities to guide its decision-making, as there is no binding precedent to follow.

Question 12

Secondary sources of law include which of the following?

Accepted Answer

All of these sources, including legal encyclopedias, digests, and the A.L.R.s, are considered secondary sources of law because they do not have binding authority, but instead provide commentary and analysis on primary sources of law.

Question 13

Both Corpus Juris Secundum and American Jurisprudence 2d

Accepted Answer

Both Corpus Juris Secundum and American Jurisprudence 2d are available online, contain over 100 volumes, have detailed information on most areas of the law, and are legal encyclopedias.

Question 14

Which of the following are important finding tools for researching case law?

Accepted Answer

Both legal encyclopedias and case digests are important finding tools for researching case law. Legal encyclopedias provide an overview and analysis of the law on a particular topic, while case digests summarize and organize key points of relevant court decisions. Court decisions themselves are important sources of case law, but they are not finding tools.

Question 15

Which of the following statements is true regarding persuasive authorities?

Accepted Answer

Persuasive authorities include legal sources, such as case law or legal commentary, that a court may consult but is not required to follow. They are not binding on a court, unlike binding authorities such as statutes or precedent set by higher courts.

Question 16

is a secondary source that offers detailed information on almost every area of the law and provides cross-references to court cases and other secondary sources.

Accepted Answer

A legal encyclopedia is a comprehensive secondary source that provides in-depth coverage of legal topics, including cross-references to other sources such as court cases and secondary sources. It is a useful tool for legal research and can provide detailed information on almost every area of the law. Examples of legal encyclopedias include Corpus Juris Secundum and American Jurisprudence.

Question 17

Which of the following are features of American Jurisprudence?

Accepted Answer

American Jurisprudence includes all of these features. It is presented in alphabetical order with subtopics addressing rules of law and cross-reference to specific court cases.

Question 18

A(n) is a separate pamphlet, inserted into the front or back binding of a volume of a law book, that contains recent cases or changes in the law and is used to update the law book.

Accepted Answer

A pocket part is a separate pamphlet that is inserted into the binding of a law book to update it with recent cases or changes in the law. The other options (A, C, and D) do not accurately describe this type of pamphlet.

Question 19

Both Corpus Juris Secundum and American Jurisprudence 2d

Accepted Answer

Both Corpus Juris Secundum and American Jurisprudence 2d are available online.

Question 20

American Jurisprudence is a

Accepted Answer

American Jurisprudence is a major legal encyclopedia that provides comprehensive coverage of every area of American law. It is widely used as a primary research tool by lawyers, judges, and legal scholars.

Quiz 7: Legal Research and Analysis

include decisions of the courts in the United States, statutes, rules and regulations, presidential orders, and any documents that establish the law.

Secondary sources are often referred to as because they help researchers to locate primary sources on topics they are researching.

The New Jersey Supreme Court is deciding the rights of a surrogate mother in an adoption case. The court has never had to decide this issue before. This is called a

Any legal authority, or source of law, that a court may look to for guidance but that it is not required to follow in making its decision is called a authority.

Law books and articles that summarize, systematize, compile, explain, and interpret the law are called

John is researching a breach-of-warranty claim, and he locates an article in a legal encyclopedia that supports his client's position, citing cases from other jurisdictions. The material in the encyclopedia is a authority.

Which of the following is an example of a persuasive authority?

Which of the following statements is not true regarding persuasive authorities?

Which of the following statements is true regarding persuasive authorities?

offers definitions and interpretations of legal terms and phrases. Each term or phrase in this 132-volume set is followed by brief summary statements from federal or state court decisions in which the word or phrase has been interpreted or defined.

In a case of first impression, the court

Secondary sources of law include which of the following?

Both Corpus Juris Secundum and American Jurisprudence 2d

Which of the following are important finding tools for researching case law?

Which of the following statements is true regarding persuasive authorities?

is a secondary source that offers detailed information on almost every area of the law and provides cross-references to court cases and other secondary sources.

Which of the following are features of American Jurisprudence?

A(n) is a separate pamphlet, inserted into the front or back binding of a volume of a law book, that contains recent cases or changes in the law and is used to update the law book.

Both Corpus Juris Secundum and American Jurisprudence 2d

American Jurisprudence is a