Intro To Law And Legal Writing: Sample Mid-term

When Shepardizing, one should keep in mind that the validity of a published decision can be undermined in several basic ways. This means that simply relying on a published decision without considering potential flaws or weaknesses can lead to incorrect or unreliable conclusions. It is important to critically analyze the sources and factors that may impact the validity of a decision before using it as a legal precedent.

Higher court cases bind lower courts because of the principle of stare decisis, which means that lower courts are required to follow the legal precedents set by higher courts. This ensures consistency and uniformity in the interpretation and application of the law within a jurisdiction. It also promotes respect for the hierarchy of the court system, with higher courts having the authority to establish legal principles that lower courts must adhere to. Therefore, the statement is true.

When a higher court has ruled on an issue and that decision is a binding decision for lower courts, it is considered mandatory authority for the lower courts. This means that the lower courts are required to follow and apply the decision made by the higher court in similar cases. The decision has the force of law and must be followed unless it is overturned or distinguished by a higher court.

In the context of the treatment of a case, "E" stands for "explained". This suggests that when dealing with a case, the "E" represents the act of providing a clear and understandable explanation for the situation at hand. It implies that the individual or party responsible for the case should offer a comprehensive and detailed account of the circumstances, ensuring that all relevant information is clarified and understood.

In legal cases, the term "overruled" refers to a decision made by a higher court that invalidates or overturns a previous decision made by a lower court. The letter "o" is commonly used as an abbreviation for "overruled" in legal documentation. Therefore, when looking at the treatment of a case, "o" stands for "overruled."

In the context of a case's history, the term "reversed" typically refers to a decision made by a higher court to overturn or invalidate the ruling of a lower court. This means that the original decision or judgment has been nullified and the case may be sent back to the lower court for further proceedings or a new trial. The term "reversed" is commonly used in legal settings to indicate a change or reversal in the outcome of a case.

Cases from one circuit court of appeals are persuasive authority for another circuit. This means that decisions made by one circuit court can be used as guidance or precedent by another circuit court when deciding similar cases. While not binding, these decisions carry weight and can influence the outcome of cases in other circuits. Therefore, it is correct to say that cases from one circuit court of appeals are persuasive authority for another circuit.

Form books are compilations of legal forms and templates that lawyers can use in their practice. These books provide a variety of standardized documents such as contracts, pleadings, and agreements, which can save lawyers time and effort in drafting legal documents from scratch. By using form books, lawyers can ensure that their documents are legally sound and well-structured, as these forms have been created and reviewed by legal experts. Additionally, form books can serve as a valuable reference for lawyers, providing them with examples and guidance on how to approach different types of legal matters. Therefore, it can be concluded that form books are indeed useful for lawyers.

In the context of a case's history, the letter "o" commonly represents the term "overruled." This term is used to indicate that a previous decision or ruling in the case has been overturned or reversed by a higher court or a subsequent decision. It signifies that the previous ruling is no longer valid or binding and has been replaced by a different decision.

The ultimate goal in finding the law is to locate mandatory, primary authorities bearing on your legal problem. This means that you need to find the primary sources of law, such as statutes, regulations, and case law, that are directly applicable to your specific legal issue. These primary authorities carry the most weight and are essential in understanding and applying the law correctly. Secondary sources, on the other hand, provide analysis and commentary on the law but are not binding. Therefore, the correct answer emphasizes the importance of finding the primary authorities to address your legal problem.

Judge-made law is often referred to as common law. This is because common law is a legal system where the decisions made by judges in previous cases become binding and serve as a precedent for future cases. In common law jurisdictions, judges have the power to interpret and apply the law, filling in any gaps or ambiguities that may exist. This contrasts with statutory law, which is created by legislatures, and administrative law, which is created by administrative agencies. Legislative law refers to laws created by the legislative branch of government.

Restatements are indeed published by the American Law Institute. The American Law Institute (ALI) is a prestigious organization composed of legal scholars, judges, and lawyers. It is responsible for publishing the Restatements of the Law, which are influential secondary sources that summarize and analyze the common law in various areas of legal doctrine. These Restatements are widely cited and relied upon by courts, attorneys, and legal scholars as authoritative interpretations of the law. Therefore, the statement "Restatements are published by the American Law Institute" is true.

When a court decision is criticized, it means that people are expressing their disagreement or disapproval of the decision, which can weaken its credibility. Distinguishing a court decision means that a subsequent court decision finds that the previous decision is not applicable to the current case due to differences in facts or legal principles. Overruling a court decision means that a higher court declares that the previous decision is no longer valid. Questioning a court decision means that doubts or uncertainties are raised about its correctness. Reversing a court decision means that a higher court overturns the decision of a lower court. Modifying a court decision means that changes are made to the original decision. Limiting a court decision means that its scope or applicability is restricted. All of these actions can undermine the authority and impact of a court decision.

The "o" found on the left hand side of some entries in Shepards stands for "overruled". This means that the previous decision or ruling has been reversed or invalidated by a higher court or authority. The "o" indicates that the case or legal issue has been overruled, and the previous ruling is no longer valid or binding.

The explanation for the given correct answer is that in the word "Shepards," the letter "r" indeed stands for "reverse."

When a ruling by another court on the same level and on the same issue is considered persuasive authority, it means that although it is not binding, it can be influential in guiding the decision-making process of the court. The court may take into account the reasoning and arguments presented in the ruling and use them to support its own decision. However, the court is not obligated to follow the ruling and can choose to reach a different conclusion based on its own analysis of the law and facts.

In the context of a case history, "m" likely stands for "modified." This suggests that there have been changes or alterations made to the case, potentially affecting its outcome or details. The letter "m" is commonly used as an abbreviation for "modified" in various fields to indicate that something has been altered or adjusted.

A headnote is a one paragraph summary of a specific point of law decided in a case. It provides a brief overview of the main legal issue or principle addressed in the case, making it easier for legal professionals and researchers to quickly understand the key points of the decision without having to read the entire case. Headnotes are typically found at the beginning of published court opinions and serve as a helpful reference tool for legal research.

Tennessee federal district court cases are appealed to the Sixth Circuit Court of Appeals. This is because the Sixth Circuit Court of Appeals has jurisdiction over federal district courts in several states, including Tennessee. Appeals from the federal district court in Tennessee would therefore be heard by the Sixth Circuit Court of Appeals.

In the context of the treatment of a case, the letter "f" stands for "followed."

The Tennessee Supreme Court consists of five justices.

There are 11 numbered federal circuit courts of appeals.

Shepardizing is Lexis' version of validating legal authorities. It is a process that involves checking the status and validity of legal cases and other authorities by examining subsequent court cases and legal publications that have cited them. By Shepardizing, legal researchers can ensure that the authority they are relying on is still good law and has not been overruled or negatively affected by subsequent legal developments.

In the context of a case, "cc" stands for "connected case." This abbreviation is commonly used when referring to other related cases that are connected or linked to the main case being discussed. It helps to indicate that there are additional cases that are relevant or have a connection to the current case under consideration.

Local governments, such as the city of Nashville, pass statutes that are specifically applicable to their jurisdiction. These statutes are commonly known as ordinances. Unlike administrative regulations, which are rules and regulations created by government agencies to implement laws, ordinances are specific laws enacted by local governments to govern activities within their boundaries. Therefore, the correct answer is ordinances.

The Tennessee Digest contains information about federal and state cases arising out of Tennessee. This means that it includes cases that are filed in both federal and state courts within Tennessee. The digest serves as a comprehensive resource for legal professionals and researchers who need access to information and summaries of relevant cases in Tennessee. By including both federal and state cases, the digest provides a holistic view of the legal landscape in Tennessee, allowing users to stay updated on important legal developments and precedents.

A per curiam opinion refers to a court opinion that is issued collectively by the court as a whole, rather than being attributed to a specific justice. This type of opinion is usually brief and unanimous, representing the court's decision as a unified body. It is often used in cases where the issue is straightforward or when the court wants to emphasize the unanimous nature of the decision.

Tennessee Jurisprudence is a Tennessee-specific legal encyclopedia that can be found in a law library. It is likely the correct answer because it specifically mentions Tennessee and is a comprehensive resource that covers various legal topics specific to the state. It is a valuable tool for legal professionals and researchers in Tennessee who need in-depth information on Tennessee law.

In the context of the treatment of a case, the term "distinguished" refers to the act of making a clear and significant difference between the current case and previously decided cases. It involves identifying and highlighting the unique aspects or facts of the present case that set it apart from others. By doing so, the court or legal authority can make a well-reasoned and informed decision based on the specific circumstances of the case at hand.

When looking at the history of a case, "a" stands for affirmed. This means that the decision of the lower court has been upheld and confirmed by a higher court.

In the context of a case's history, the letter "v" commonly stands for "vacated." This means that a previous decision or ruling has been set aside or annulled, typically by a higher court. The vacated status indicates that the decision is no longer valid and has been effectively nullified.

Cases from the Western District of Tennessee are appealed to the Sixth Circuit Court of Appeals. The Sixth Circuit Court of Appeals is one of the thirteen federal appellate courts in the United States. It has jurisdiction over the states of Kentucky, Michigan, Ohio, and Tennessee. As the Western District of Tennessee falls within the jurisdiction of the Sixth Circuit, any appeals from this district would be heard by the Sixth Circuit Court of Appeals.

The number "896" in the citation refers to the beginning page of the case. This number indicates the specific page where the case starts within the cited source.

The correct answer is The Tennessee Court of Criminal Appeals and the Tennessee Court of Appeals. These are the intermediate appellate state courts in Tennessee. The Tennessee Supreme Court is the highest court in the state, while the Tennessee Court of Criminal Appeals and the Tennessee Court of Appeals are responsible for hearing appeals from lower courts and reviewing decisions made by trial courts. The High Court of Tennessee and the Tennessee Judiciary and the Tennessee General Assembly are not the correct names for the intermediate appellate state courts in Tennessee.

A concurring opinion is an opinion that agrees with the result of the main opinion but offers a different reasoning or rationale for reaching that result. It is given by a judge who agrees with the outcome but wants to provide additional or alternative analysis. This type of opinion often highlights different legal principles or interpretations, providing a different perspective on the case without fundamentally disagreeing with the final decision.

The correct answer is "criticized." In the context of the treatment of a case, the letter "C" stands for "criticized." This suggests that the case in question has been subject to criticism or negative feedback. It implies that there are aspects of the case that have been found fault with or disapproved of by others.

In the context of the treatment of a case, the term "q" stands for "questioned." This means that when examining a case, the focus is on questioning or scrutinizing various aspects of it. This could involve questioning witnesses, evidence, or the credibility of certain information. The letter "q" serves as a shorthand representation for this process of questioning in the treatment of a case.

Frank Shepard's profession or trade was that of a book salesman.

The Southwestern reporter is a legal publication that includes various types of cases, including Tennessee state cases. It also covers federal district court cases, supreme court cases, and sixth circuit court cases. Therefore, it is reasonable to expect that the Southwestern reporter contains Tennessee state cases along with other types of cases.

The statement is true because it explicitly states that there are 7 regional reporters.

Shepards and KeyCite are legal research tools that assist in finding primary authorities, obtaining parallel citations, updating legal information, and ensuring that cited authorities are still valid. These tools provide comprehensive databases of case law and statutes, allowing users to validate the current status and authority of legal citations. They help legal professionals stay up to date with the latest legal developments and ensure the accuracy and reliability of their research.

The correct answer is Tennessee, Kentucky, Arkansas, Texas, and Missouri. This is because the Southwestern Reporter contains state cases from these states, as mentioned in the given options.

American Law Reports (ALR) contain detailed articles called annotations that summarize case law on a particular issue from all jurisdictions. ALR is a publication series that provides in-depth analysis and commentary on legal topics. These annotations are written by legal experts and are considered authoritative sources of legal information. They summarize and analyze relevant court decisions, statutes, and other legal materials, providing a comprehensive overview of the law on a specific issue. ALR annotations are widely used by legal professionals and researchers to understand and interpret the law.

Tennessee Jurisprudence is not a primary legal authority. Primary legal authorities are sources that establish the law and include constitutions, statutes, regulations, and case law. Tennessee Jurisprudence, on the other hand, is a secondary legal authority that provides commentary and analysis on the law but does not have the same level of authority as primary sources. Therefore, the correct answer is False.

Annotated code refers to a version of the law that includes additional information such as case summaries, cross-references, and historical notes. This additional information can be helpful for legal researchers in understanding the context and intent behind the legislation. By providing a partial legislative history, annotated codes assist researchers in gaining insights into the development and evolution of the law, which can be crucial for interpreting and applying it correctly. Therefore, the statement that annotated code provides legal researchers with a partial legislative history is true.

The United States Reports is the correct answer because it is the official reporter for the United States Supreme Court. The United States Reports is a series of bound volumes that contain the official opinions of the Supreme Court. It is the authoritative source for Supreme Court decisions and is widely used by legal professionals and scholars. The other options, The Supreme Court Reporter and The Lawyers Edition, are not the official reporters for the Supreme Court.

The Federal Supplement is a publication that contains federal district court cases. It does not include Tennessee state cases, Supreme Court cases, or cases from the Sixth Circuit Court of Appeals.

A Fifth Circuit case can be considered persuasive or non-persuasive authority for the Sixth Circuit, depending on whether it is relevant or germane to the legal issue at hand. If the Fifth Circuit case addresses a similar issue and provides sound reasoning, it can be persuasive and carry weight in the Sixth Circuit's decision-making process. However, if the case is not directly applicable or lacks convincing arguments, it may be considered non-persuasive and have less influence on the Sixth Circuit's decision. Ultimately, the relevance and applicability of the Fifth Circuit case determine its persuasive value in the Sixth Circuit.

The Federal reporter contains sixth circuit court of appeals cases. This means that it includes the decisions and opinions from the sixth circuit court of appeals, which is a federal appellate court. It does not include cases from the Tennessee state courts, federal district courts, or the supreme court.

The correct answer is the Federal Reporter. The Federal Reporter is a series of books that contains reported opinions from various federal courts, including the U.S. Sixth Circuit Court of Appeals. It is widely recognized as the official source for federal court opinions and is commonly used by legal professionals and researchers to access and cite these opinions. The other options listed, such as the Tennessee Reporter, Southern Reporter, and Southwestern Reporter, are regional reporters that cover state court opinions and would not include opinions from the U.S. Sixth Circuit Court of Appeals.