Legal Research, Analysis, and Writing 4th Edition by William H. Putman - Test Bank

Legal Research, Analysis, and Writing 4th Edition by William H. Putman – Test Bank

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Sample Questions Are Posted Below

1. Secondary authority is a source that a court may rely on that is not the law.
a. True
b. False
ANSWER: True
RATIONALE: See “Introduction”
POINTS: 1
DIFFICULTY: Easy
LEARNING OBJECTIVES: LRAW.PUTM.18.5-1 – Understand the role of secondary authority in general.
OTHER: Bloom’s: Remembering

2. Although secondary authority is persuasive authority, it may not be mandatory authority.
a. True
b. False
ANSWER: True
RATIONALE: See “Introduction”
POINTS: 1
DIFFICULTY: Medium
LEARNING OBJECTIVES: LRAW.PUTM.18.5-1 – Understand the role of secondary authority in general.
OTHER: Bloom’s: Understanding

3. A legal encyclopedia provides a summary, critique, and analysis of the law.
a. True
b. False
ANSWER: False
RATIONALE: See “Legal Encyclopedias”
POINTS: 1
DIFFICULTY: Easy
LEARNING OBJECTIVES: LRAW.PUTM.18.5-2 – Understand the role of encyclopedias, treatises, annotated law reports, digests, and citators in research.
OTHER: Bloom’s: Remembering

4. Corpus Juris Secundum is more selective in its inclusion of cases than American Jurisprudence Second is.
a. True
b. False
ANSWER: False
RATIONALE: See “Legal Encyclopedias”
POINTS: 1
DIFFICULTY: Easy
LEARNING OBJECTIVES: LRAW.PUTM.18.5-2 – Understand the role of encyclopedias, treatises, annotated law reports, digests, and citators in research.
OTHER: Bloom’s: Remembering

5. Both Corpus Juris Secundum and American Jurisprudence Second are available on Westlaw and LexisNexis.
a. True
b. False
ANSWER: False
RATIONALE: See “Legal Encyclopedias”
POINTS: 1
DIFFICULTY: Easy
LEARNING OBJECTIVES: LRAW.PUTM.18.5-2 – Understand the role of encyclopedias, treatises, annotated law reports, digests, and citators in research.
OTHER: Bloom’s: Remembering

6. A treatise is valuable as a research tool when you are seeking a more detailed treatment of the law than that provided by a legal encyclopedia.
a. True
b. False
ANSWER: True
RATIONALE: See “Treatises”
POINTS: 1
DIFFICULTY: Easy
LEARNING OBJECTIVES: LRAW.PUTM.18.5-2 – Understand the role of encyclopedias, treatises, annotated law reports, digests, and citators in research.
OTHER: Bloom’s: Remembering

7. Treatises may consist of a single volume or multiple volumes.
a. True
b. False
ANSWER: True
RATIONALE: See “Treatises”
POINTS: 1
DIFFICULTY: Easy
LEARNING OBJECTIVES: LRAW.PUTM.18.5-2 – Understand the role of encyclopedias, treatises, annotated law reports, digests, and citators in research.
OTHER: Bloom’s: Remembering

8. Most single-volume treatises are not updated with pocket parts.
a. True
b. False
ANSWER: True
RATIONALE: See “Treatises”
POINTS: 1
DIFFICULTY: Easy
LEARNING OBJECTIVES: LRAW.PUTM.18.5-2 – Understand the role of encyclopedias, treatises, annotated law reports, digests, and citators in research.
OTHER: Bloom’s: Remembering

9. Most treatises are available on Westlaw and LexisNexis for free.
a. True
b. False
ANSWER: False
RATIONALE: See “Treatises”
POINTS: 1
DIFFICULTY: Easy
LEARNING OBJECTIVES: LRAW.PUTM.18.5-2 – Understand the role of encyclopedias, treatises, annotated law reports, digests, and citators in research.
OTHER: Bloom’s: Remembering

10. American Law Reports (ALR) are similar to treatises in that they provide a comprehensive analysis of a single area of law, such as the law of torts.
a. True
b. False
ANSWER: False
RATIONALE: See “American Law Reports”
POINTS: 1
DIFFICULTY: Medium
LEARNING OBJECTIVES: LRAW.PUTM.18.5-2 – Understand the role of encyclopedias, treatises, annotated law reports, digests, and citators in research.
OTHER: Bloom’s: Understanding

11. ALR annotations include a synthesis of the cases from every jurisdiction that have addressed the issue(s) discussed in the annotation.
a. True
b. False
ANSWER: True
RATIONALE: See “American Law Reports”
POINTS: 1
DIFFICULTY: Easy
LEARNING OBJECTIVES: LRAW.PUTM.18.5-2 – Understand the role of encyclopedias, treatises, annotated law reports, digests, and citators in research.
OTHER: Bloom’s: Remembering

12. ALR series are available on both Westlaw and LexisNexis.
a. True
b. False
ANSWER: True
RATIONALE: See “American Law Reports”
POINTS: 1
DIFFICULTY: Easy
LEARNING OBJECTIVES: LRAW.PUTM.18.5-2 – Understand the role of encyclopedias, treatises, annotated law reports, digests, and citators in research.
OTHER: Bloom’s: Remembering

13. A digest provides a very detailed discussion of a specific area of law.
a. True
b. False
ANSWER: False
RATIONALE: See “Digests”
POINTS: 1
DIFFICULTY: Easy
LEARNING OBJECTIVES: LRAW.PUTM.18.5-2 – Understand the role of encyclopedias, treatises, annotated law reports, digests, and citators in research.
OTHER: Bloom’s: Remembering

14. In the West digest system, each legal topic is divided into subtopics, and each subtopic is assigned a key number.
a. True
b. False
ANSWER: True
RATIONALE: See “Digests”
POINTS: 1
DIFFICULTY: Easy
LEARNING OBJECTIVES: LRAW.PUTM.18.5-2 – Understand the role of encyclopedias, treatises, annotated law reports, digests, and citators in research.
OTHER: Bloom’s: Remembering

15. The United States Reports Digest includes the decisions of the United States Supreme Court.
a. True
b. False
ANSWER: False
RATIONALE: See “Digests”
POINTS: 1
DIFFICULTY: Easy
LEARNING OBJECTIVES: LRAW.PUTM.18.5-2 – Understand the role of encyclopedias, treatises, annotated law reports, digests, and citators in research.
OTHER: Bloom’s: Remembering

16. Key number digests are available on Westlaw and LexisNexis.
a. True
b. False
ANSWER: False
RATIONALE: See “Digests”
POINTS: 1
DIFFICULTY: Easy
LEARNING OBJECTIVES: LRAW.PUTM.18.5-2 – Understand the role of encyclopedias, treatises, annotated law reports, digests, and citators in research.
OTHER: Bloom’s: Remembering

17. Shepard’s Citations are similar to digests in that they provide a brief summary of all court opinions on a specific topic.
a. True
b. False
ANSWER: False
RATIONALE: See “Updating and Validating Research”
POINTS: 1
DIFFICULTY: Easy
LEARNING OBJECTIVES: LRAW.PUTM.18.5-3 – Understand how to locate and conduct research using encyclopedias, treatises, annotated law reports, digests, Shepard’s and KeyCite.
OTHER: Bloom’s: Remembering

18. There are Shepard’s citators for both statutory and case law.
a. True
b. False
ANSWER: True
RATIONALE: See “Updating and Validating Research”
POINTS: 1
DIFFICULTY: Easy
LEARNING OBJECTIVES: LRAW.PUTM.18.5-3 – Understand how to locate and conduct research using encyclopedias, treatises, annotated law reports, digests, Shepard’s and KeyCite.
OTHER: Bloom’s: Remembering

19. Shepardizing refers to the process used to determine the current validity of an authority.
a. True
b. False
ANSWER: True
RATIONALE: See “Updating and Validating Research”
POINTS: 1
DIFFICULTY: Easy
LEARNING OBJECTIVES: LRAW.PUTM.18.5-3 – Understand how to locate and conduct research using encyclopedias, treatises, annotated law reports, digests, Shepard’s and KeyCite.
OTHER: Bloom’s: Remembering

20. Shepard’s Citations are available on both Westlaw and LexisNexis.
a. True
b. False
ANSWER: False
RATIONALE: See “Updating and Validating Research”
POINTS: 1
DIFFICULTY: Easy
LEARNING OBJECTIVES: LRAW.PUTM.18.5-3 – Understand how to locate and conduct research using encyclopedias, treatises, annotated law reports, digests, Shepard’s and KeyCite.
OTHER: Bloom’s: Remembering

21. Which of the following is a legal encyclopedia?
a. American Jurisprudence Second
b. American Law Reports
c. American Law Summaries
d. Shepard’s Law Summaries
e. All of the above
f. Answers a, b, and c above
ANSWER: a
RATIONALE: See “Legal Encyclopedias”
POINTS: 1
DIFFICULTY: Easy
LEARNING OBJECTIVES: LRAW.PUTM.18.5-2 – Understand the role of encyclopedias, treatises, annotated law reports, digests, and citators in research.
OTHER: Bloom’s: Remembering

22. Corpus Juris Secundum and American Jurisprudence Second are similar in that, in both sets:
a. Topics are arranged alphabetically
b. There is a general index
c. At the beginning of each topic is a topic summary
d. There is a table of statutes, rules, and regulations
e. All of the above
f. Answers a, b, and c above
ANSWER: e
RATIONALE: See “Legal Encyclopedias”
POINTS: 1
DIFFICULTY: Easy
LEARNING OBJECTIVES: LRAW.PUTM.18.5-2 – Understand the role of encyclopedias, treatises, annotated law reports, digests, and citators in research.
OTHER: Bloom’s: Remembering

23. Corpus Juris Secundum and American Jurisprudence Second differ in that:
a. Corpus Juris Secundum is more selective in its inclusion of cases
b. Corpus Juris Secundum emphasizes state law more than American Jurisprudence Second
c. American Jurisprudence Second has more volumes than Corpus Juris Secundum
d. Corpus Juris Secundum includes a new topic service
e. All of the above
f. None of the above
g. Answers a, b, and c above
ANSWER: f
RATIONALE: See “Legal Encyclopedias”
POINTS: 1
DIFFICULTY: Easy
LEARNING OBJECTIVES: LRAW.PUTM.18.5-2 – Understand the role of encyclopedias, treatises, annotated law reports, digests, and citators in research.
OTHER: Bloom’s: Remembering

24. Topics may be located in both Corpus Juris Secundum and American Jurisprudence Second by consulting:
a. The general index
b. The table of contents
c. The table of statutes, rules, and regulations
d. Westlaw and LexisNexis
e. All of the above
f. Answers a, b, and c above
ANSWER: f
RATIONALE: See “Legal Encyclopedias”
POINTS: 1
DIFFICULTY: Medium
LEARNING OBJECTIVES: LRAW.PUTM.18.5-2 – Understand the role of encyclopedias, treatises, annotated law reports, digests, and citators in research.
OTHER: Bloom’s: Understanding

25. Most treatises have which of the following features?
a. A new topic service
b. A narrative presentation of the subject matter
c. A table of cases
d. A table of regulations
e. All of the above
f. Answers a, b, and c above
g. Answers b and c above
ANSWER: g
RATIONALE: See “Treatises”
POINTS: 1
DIFFICULTY: Easy
LEARNING OBJECTIVES: LRAW.PUTM.18.5-2 – Understand the role of encyclopedias, treatises, annotated law reports, digests, and citators in research.
OTHER: Bloom’s: Remembering

26. Techniques for locating a specific topic in a treatise include reference:
a. From another source such as a legal encyclopedia
b. To the table of contents
c. To the table of cases
d. To the general index
e. All of the above
f. Answers b, c, and d above
ANSWER: e
RATIONALE: See “Treatises”
POINTS: 1
DIFFICULTY: Easy
LEARNING OBJECTIVES: LRAW.PUTM.18.5-2 – Understand the role of encyclopedias, treatises, annotated law reports, digests, and citators in research.
OTHER: Bloom’s: Remembering

27. ALR annotations include:
a. The text of leading state and federal court opinions
b. An analysis of specific issues raised in leading opinions
c. The text and analysis of specific federal statutes
d. Research references
e. All of the above
f. Answers a, b, and c above
g. Answers a, b, and d above
ANSWER: g
RATIONALE: See “American Law Reports”
POINTS: 1
DIFFICULTY: Medium
LEARNING OBJECTIVES: LRAW.PUTM.18.5-2 – Understand the role of encyclopedias, treatises, annotated law reports, digests, and citators in research.
OTHER: Bloom’s: Understanding

28. ALR annotations include which of the following components?
a. A prefatory statement
b. A jurisdictional table
c. A scope section
d. Research references
e. All of the above
f. Answers b, c, and d above
ANSWER: e
RATIONALE: See “American Law Reports”
POINTS: 1
DIFFICULTY: Easy
LEARNING OBJECTIVES: LRAW.PUTM.18.5-2 – Understand the role of encyclopedias, treatises, annotated law reports, digests, and citators in research.
OTHER: Bloom’s: Remembering

29. To locate specific ALR annotations, you may consult the:
a. ALR new topic service
b. ALR digest
c. Annotation History Table
d. Table of Laws and Rules Cited
e. Answers a, b, and c above
f. Answers b, c, and d above
g. Answers a and d above
ANSWER: f
RATIONALE: See “American Law Reports”
POINTS: 1
DIFFICULTY: Easy
LEARNING OBJECTIVES: LRAW.PUTM.18.5-2 – Understand the role of encyclopedias, treatises, annotated law reports, digests, and citators in research.
OTHER: Bloom’s: Remembering

30. In regard to the West digest system:
a. Each legal topic is divided into subtopics and assigned a key number
b. Subtopics are referred to by both topic and key number
c. There are specific digests for state and federal statutes
d. There are both state and regional digests
e. All of the above
f. Answers a, b, and d above
ANSWER: f
RATIONALE: See “Digests”
POINTS: 1
DIFFICULTY: Easy
LEARNING OBJECTIVES: LRAW.PUTM.18.5-2 – Understand the role of encyclopedias, treatises, annotated law reports, digests, and citators in research.
OTHER: Bloom’s: Remembering

31. Each digest set includes:
a. A descriptive word index
b. A table of cases
c. A table of statutes
d. An outline of the laws and list of topics at the beginning of each volume
e. All of the above
f. Answers a, b, and d above
ANSWER: f
RATIONALE: See “Digests”
POINTS: 1
DIFFICULTY: Easy
LEARNING OBJECTIVES: LRAW.PUTM.18.5-2 – Understand the role of encyclopedias, treatises, annotated law reports, digests, and citators in research.
OTHER: Bloom’s: Remembering

32. Which technique(s) may be used to locate specific cases in a digest?
a. Consult the descriptive word index
b. Consult the topic outline
c. Consult the table of cases
d. If you already know of a case that is related to the issue being researched, refer to the topic and key number of the relevant headnote
e. All of the above
f. Answers a, b, and c above
ANSWER: e
RATIONALE: See “Digests”
POINTS: 1
DIFFICULTY: Easy
LEARNING OBJECTIVES: LRAW.PUTM.18.5-2 – Understand the role of encyclopedias, treatises, annotated law reports, digests, and citators in research.
OTHER: Bloom’s: Remembering

33. Shepard’s case law citators include which of the following features?
a. Parallel citations
b. A brief summary of the court opinion
c. Later case treatment
d. Reference to secondary sources
e. All of the above
f. Answers a, c, and d above
ANSWER: f
RATIONALE: See “Updating and Validating Research”
POINTS: 1
DIFFICULTY: Easy
LEARNING OBJECTIVES: LRAW.PUTM.18.5-3 – Understand how to locate and conduct research using encyclopedias, treatises, annotated law reports, digests, Shepard’s and KeyCite.
OTHER: Bloom’s: Remembering

34. A full citation to a legal encyclopedia should contain:
a. Volume number
b. Abbreviated name of the encyclopedia
c. Title or topic name
d. Year of publication
e. All of the above
f. Answers a, b, and c above
ANSWER: e
RATIONALE: See “Citing Legal Encyclopedias, Treatises, and American Law Reports”
POINTS: 1
DIFFICULTY: Easy
LEARNING OBJECTIVES: LRAW.PUTM.18.5-3 – Understand how to locate and conduct research using encyclopedias, treatises, annotated law reports, digests, Shepard’s and KeyCite.
OTHER: Bloom’s: Remembering

35. Which of the following steps are guidelines for using KeyCite to conduct research?
a. Locate summary
b. Login to WestlawNext
c. Enter the citation
d. Review results
e. All of the above
f. Answers a, b, and c above
g. Answers b, c, and d above
ANSWER: g
RATIONALE: See “Research Using Citators”
POINTS: 1
DIFFICULTY: Easy
LEARNING OBJECTIVES: LRAW.PUTM.18.5-3 – Understand how to locate and conduct research using encyclopedias, treatises, annotated law reports, digests, Shepard’s and KeyCite.
OTHER: Bloom’s: Remembering