Paralegal Studies Chapter 1: Finding the Law
49 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What primary role do federal agencies play in the regulatory process?

  • Representing citizens in the judicial system
  • Enforcing criminal laws exclusively
  • Creating new laws unilaterally
  • Promulgating rules and regulations that bind individuals (correct)

What was Peggie's first step in understanding grandparent visitation laws?

  • Read the court cases
  • Review introductory information in a legal encyclopedia (correct)
  • Check state statutes
  • Consult with an attorney

Which of the following statements about the executive branch is accurate?

  • The executive branch can only enforce laws that are passed by Congress.
  • The executive branch's policies have no influence on law enforcement.
  • The executive branch does not have the power to issue executive orders.
  • The executive branch can enter into treaties that affect international trade. (correct)

Which agency is responsible for regulating the safety of food and cosmetics?

<p>FDA (C)</p> Signup and view all the answers

Why did Peggie look up court cases after reading the statutes?

<p>To understand the language used in the statutes (B)</p> Signup and view all the answers

How does the executive branch indirectly influence laws?

<p>Through the enforcement priorities and executive orders (D)</p> Signup and view all the answers

What resource did Peggie use to find cases relevant to her research?

<p>Case digest (D)</p> Signup and view all the answers

What can individuals not use as a defense if prosecuted for breaking a previously unenforced law?

<p>Previous lax enforcement of the law (C)</p> Signup and view all the answers

What did Peggie do to ensure her findings were accurate?

<p>Verified that statutes and cases were still in effect (B)</p> Signup and view all the answers

What was the final step Peggie took after completing her research?

<p>Write a memorandum to her attorney (B)</p> Signup and view all the answers

What significant action did the government take regarding the Selective Service System in 1980?

<p>It reinstated the requirement for young males to register. (C)</p> Signup and view all the answers

Which entity is NOT mentioned as being influenced by federal regulations?

<p>Transportation safety standards (B)</p> Signup and view all the answers

What demonstrates the flexibility of legal research as indicated in Peggie's experience?

<p>The variety of approaches researchers may take (C)</p> Signup and view all the answers

What role does the President play in the federal executive branch?

<p>Issuing executive orders and treaties (D)</p> Signup and view all the answers

Which chapter helps researchers understand the American legal system and court structures?

<p>Chapter 2 and 4 (B)</p> Signup and view all the answers

What key skill does legal research emphasize based on Peggie’s approach?

<p>Understanding how various resources fit together (B)</p> Signup and view all the answers

What is a key feature of looseleaf services in legal publishing?

<p>They are designed to be updated easily. (C)</p> Signup and view all the answers

How are primary sources of law generally arranged upon initial publication?

<p>Chronological order of publication. (A)</p> Signup and view all the answers

What effect has emerging technology had on the publication of law books?

<p>It led to a reduction in print publication circulation. (D)</p> Signup and view all the answers

What is one issue faced when researching primary legal authorities based on their publication order?

<p>They are scattered across many volumes, complicating research. (B)</p> Signup and view all the answers

Why are looseleaf volumes considered 'evergreen'?

<p>They allow for ongoing updates without reprinting. (B)</p> Signup and view all the answers

What is a common challenge of the traditional arrangement of legal cases?

<p>Finding specific cases requires extensive searching through many volumes. (A)</p> Signup and view all the answers

What do secondary authorities and digests assist with in legal research?

<p>They help locate primary authorities. (B)</p> Signup and view all the answers

Which of the following describes the organization of statutes published by a legislature?

<p>They are published in the order in which they are enacted. (B)</p> Signup and view all the answers

What was the main reason the court ruled against the former circus employee in the case involving Ringling Bros.?

<p>He did not prove he had a strong attachment to the elephants. (A)</p> Signup and view all the answers

How many district courts are there currently in the United States?

<p>94 (A)</p> Signup and view all the answers

Which system determines the judges for the federal district courts?

<p>Appointed by the President with Senate confirmation (D)</p> Signup and view all the answers

Which entity is considered a unit of federal district courts and has its own judges?

<p>Bankruptcy courts (A)</p> Signup and view all the answers

In addition to the 50 states, where can district courts be found?

<p>In U.S. territories and the District of Columbia (D)</p> Signup and view all the answers

What is the minimum number of district courts each U.S. state has?

<p>One (B)</p> Signup and view all the answers

What type of cases can district court judges hear?

<p>A wide variety of cases including criminal and civil matters (D)</p> Signup and view all the answers

What is the usual term length for judges appointed to bankruptcy courts?

<p>14 years (B)</p> Signup and view all the answers

What does diversity jurisdiction require regarding the citizenship of plaintiffs and defendants?

<p>All plaintiffs must be citizens of different states from all defendants. (B)</p> Signup and view all the answers

Which law will a federal court apply in a diversity case?

<p>The substantive law of the state where the federal court is located. (B)</p> Signup and view all the answers

What did the Class Action Fairness Act of 2005 aim to achieve?

<p>To reduce forum shopping and increase federal jurisdiction over large multistate actions. (D)</p> Signup and view all the answers

What was the monetary limit for diversity cases before the increase to $75,000?

<p>$50,000 before the final increase. (C)</p> Signup and view all the answers

Which scenario allows a district court to decline jurisdiction in a case established under the Class Action Fairness Act?

<p>The primary defendants and more than one-third of the plaintiffs are from the same state. (D)</p> Signup and view all the answers

What was a primary concern that led to an increase in the monetary limit for diversity cases over the years?

<p>To avoid overwhelming the federal courts with routine cases. (D)</p> Signup and view all the answers

What has Congress considered periodically regarding monetary limits in diversity cases?

<p>Automatically increasing the limits based on changes in the Consumer Price Index. (A)</p> Signup and view all the answers

What was the opinion of late Chief Justice William H. Rehnquist regarding diversity jurisdiction?

<p>He wanted to curtail it to prevent certain lawsuits in federal court. (B)</p> Signup and view all the answers

What is one primary concern associated with diversity jurisdiction in federal courts?

<p>It may lead to an increase in federal court caseloads with non-federal questions. (D)</p> Signup and view all the answers

Which type of cases do federal courts not have jurisdiction over?

<p>Estate planning and probate matters. (C)</p> Signup and view all the answers

What must happen if a defendant improperly removes a case from state court to federal court?

<p>The case must be remanded back to state court. (C)</p> Signup and view all the answers

Under what condition can a civil action originally filed in state court be removed to federal court?

<p>If federal jurisdiction exists. (B)</p> Signup and view all the answers

Which criterion is NOT required for a case to qualify under diversity jurisdiction?

<p>Both parties must be citizens of the same state. (D)</p> Signup and view all the answers

What is 'forum shopping' in the context of diversity jurisdiction?

<p>Selecting a court based on the perceived likelihood of winning. (D)</p> Signup and view all the answers

What aspect of removal jurisdiction is emphasized in the discussion?

<p>It must adhere to the requirements of federal statutes. (A)</p> Signup and view all the answers

What is one major issue with the current system of diversity jurisdiction?

<p>It can cause delays because non-federal issues are heard in federal court. (C)</p> Signup and view all the answers

Which of the following is a requirement for a federal question jurisdiction?

<p>The case must arise under federal law or the U.S. Constitution. (B)</p> Signup and view all the answers

Flashcards

Agencies as Lawmakers

Government agencies, like the FCC, FDA, and OSHA, have the power to create rules and regulations that impact our daily lives.

Agencies as Judges

Agencies like the FCC, FDA, and OSHA act like courts by resolving disputes between individuals or businesses and enforcing their own regulations.

Treaties as Law

Treaties, agreed upon by the President and the Senate, are binding international agreements that impact areas like trade and fishing rights.

Executive Orders as Law

Executive orders, issued by the President or state governors, are directives that instruct federal or state agencies on how to implement laws.

Signup and view all the flashcards

Enforcement as Lawmaking

The way the executive branch chooses to enforce laws can significantly influence their effect, even if the law itself stays the same.

Signup and view all the flashcards

Lax Enforcement Doesn't Excuse

When a previously unenforced law is suddenly enforced against someone, they can't use the prior lack of enforcement as a defense.

Signup and view all the flashcards

Selective Service System

The Selective Service System, reactivated in 1980, required males born in 1960 or later to register for potential military service.

Signup and view all the flashcards

Prosecution of Conscientious Objectors

Individuals who opposed the Selective Service System and refused to register were prosecuted by the government.

Signup and view all the flashcards

What is legal research?

The process of finding and understanding legal information related to a specific issue.

Signup and view all the flashcards

How is legal research performed?

A structured approach to legal research, involving steps like identifying relevant statutes, analyzing court cases, and consulting legal databases.

Signup and view all the flashcards

What are legal encyclopedias?

Legal texts that provide general explanations and overviews of legal topics, like family law or contracts.

Signup and view all the flashcards

What are statutes?

Laws enacted by legislatures at the state or federal level, often addressing specific topics like grandparent visitation.

Signup and view all the flashcards

What are court cases?

Published decisions from courts, interpreting statutes and establishing legal precedents.

Signup and view all the flashcards

What are legal digests?

Indexes that organize court cases by topics and allow researchers to find relevant decisions.

Signup and view all the flashcards

What are legal databases?

Specialized databases, like Lexis Advance and Westlaw, that provide access to a vast collection of legal documents, including statutes, cases, and legal articles.

Signup and view all the flashcards

Why is it important to check the currency of legal research?

Ensuring that legal materials are up-to-date and haven't been modified or overturned by subsequent legislation or court decisions.

Signup and view all the flashcards

Chronological Order

The arrangement of legal documents in the order they were created, like court decisions or statutes, regardless of subject matter.

Signup and view all the flashcards

Looseleaf Service

A group of books dealing with various legal topics, often organized in ringed binders, that are updated frequently to reflect changes in the law.

Signup and view all the flashcards

Court Reports

Books containing officially reported court decisions, arranged in chronological order.

Signup and view all the flashcards

Competition from Emerging Technologies

The challenge faced by print publications as online resources offer free access to legal information.

Signup and view all the flashcards

Updating Looseleaf Services

The process of replacing individual pages in a looseleaf service with updated ones.

Signup and view all the flashcards

Primary Sources

Sources of law directly created by government bodies, such as cases, constitutions, statutes, and regulations.

Signup and view all the flashcards

Secondary Authorities

Sources of law that summarize, interpret, and provide access to primary sources.

Signup and view all the flashcards

Digests

A collection of legal summaries and indexes that help find specific legal information in primary sources.

Signup and view all the flashcards

Federal District Courts

The trial courts in the federal court system, handling a wide range of cases like bank robbery, civil rights disputes, and securities fraud.

Signup and view all the flashcards

United States Bankruptcy Courts

Special courts within federal district courts dedicated to handling bankruptcy cases; judges are appointed by the courts of appeals for 14-year terms.

Signup and view all the flashcards

District Courts and Number of Judges

The number of judges in a district court depends on the workload and the number of cases to be resolved.

Signup and view all the flashcards

Appointment Process for District Court Judges

Presidents appoint federal judges, including district court judges, with the Senate's approval.

Signup and view all the flashcards

Accessibility of District Courts

Although there may not be a district court in your town, there's at least one in your state.

Signup and view all the flashcards

Number of District Courts per State

Each state has at least one district court, and more populous states have multiple.

Signup and view all the flashcards

Jurisdiction of District Courts

District courts have jurisdiction over various cases like bank robbery, civil rights violations, and securities fraud.

Signup and view all the flashcards

Geographical Distribution of District Courts

The organization of district courts throughout the US, with at least one court in each state and more in populous states.

Signup and view all the flashcards

Diversity Jurisdiction

A legal dispute where the plaintiff and defendant are citizens of different states, and the amount in controversy exceeds $75,000.

Signup and view all the flashcards

Federal Court Applying State Law

A federal court will apply the substantive state law of the state where the case is filed, even if the parties are from different states.

Signup and view all the flashcards

Class Action Fairness Act (CAFA)

A law enacted by Congress in 2005, designed to reduce forum shopping by shifting most large, multistate class actions to federal court. However, the district court may decline jurisdiction and send the case back to a state court if the primary defendant(s) and over one-third of the plaintiffs are from the same state.

Signup and view all the flashcards

Forum Shopping

A situation where a party strategically chooses a court to their advantage based on factors like jurisdiction or perceived sympathy.

Signup and view all the flashcards

Monetary Limit in Diversity Cases

The minimum monetary amount required for a case to be heard in federal court under diversity jurisdiction. Currently, it stands at $75,000.

Signup and view all the flashcards

Federal Question Jurisdiction

A legal theory that addresses the plaintiff's right to sue in a federal court based on violations of federal law, such as civil rights.

Signup and view all the flashcards

Increasing Monetary Limit

The practice of increasing the monetary jurisdictional limit for diversity cases over time to prevent federal courts from being overwhelmed.

Signup and view all the flashcards

Curtailing Diversity Jurisdiction

The argument that diversity jurisdiction should either be completely eliminated or significantly narrowed to reduce the number of cases filed in federal court, preventing citizens of one state from suing citizens of another state.

Signup and view all the flashcards

Removal to Federal Court

A defendant can transfer a case already in state court to federal court if the case could have been brought there originally. This applies if the case involves a federal question or meets diversity jurisdiction requirements.

Signup and view all the flashcards

Remand to State Court

If a federal court decides it doesn't have the authority to handle a case, it must return the matter to the state court where it started.

Signup and view all the flashcards

Concurrent Jurisdiction

Certain cases are best handled by both state and federal courts, like cases involving a federal question or diversity of citizenship. This allows parties to choose their preferred court system.

Signup and view all the flashcards

Federal Court Limitations

Federal courts typically don't handle issues related to family law or inheritance, even if the other requirements for diversity jurisdiction are met.

Signup and view all the flashcards

Plaintiff Choice vs. Defendant's Right

When both state and federal courts have the authority to hear a case, the plaintiff chooses where to file it. Sometimes the defendant can move the case to federal court.

Signup and view all the flashcards

Study Notes

Chapter 1: Finding the Law

  • Paralegals are expected to perform legal research competently and cost-effectively
  • The American Association for Paralegal Education (AAfPE) identifies legal research as a core competency for paralegals
  • Legal research is easier due to readily available electronic sources and the internet
  • Legal research is more difficult due to the sheer number of accessible resources making finding the precise authority difficult
  • Paralegals have an ethical duty to perform legal research competently and accurately
  • Attorneys' professional reputation is directly linked to their paralegal's competence

Chapter Overview

  • This chapter discusses the paralegal's role in legal research and writing, along with the ethical duties, different types of law libraries, and sources of law in the United States
  • Law books can be categorized as primary or secondary sources
  • Introduces major law book publishers

Law Libraries

  • Law library types and descriptions were included.
  • Law school libraries have extensive collections of law books, including print and nonprint formats (Lexis Advance, Westlaw.)
  • Paralegal school libraries are typically smaller than law school libraries.
  • Local or public law libraries are available to the general public
  • Court libraries are usually housed within the courthouse, and access varies by location.
  • Bar association and private group law libraries are typically available only to members
  • Law firm libraries have collections similar in size to law school/court libraries, but are accessible only to firm members.

Sources of Law in the United States

  • There are 52 legal systems in the United States: federal statutes and cases and state statutes and cases
  • Common Law: A legal system based on judicial precedents rather than codified laws (derived from England)
  • Stare Decisis: Literally "to stand by things decided" is a doctrine of precedent that guides judges to resolve similar cases consistently. Provides stability and promotes fairness.
  • Constitutions: At both federal and state levels, these describe the principles, and fundamental governing laws
  • Statutes: Laws passed by federal or state legislatures; statutes are primary sources
  • Administrative Regulations: Issued by governmental agencies to define regulations affecting certain areas, such as a particular industry or subject area, (e.g., environmental protection)
  • Executive Orders: Directing federal agencies and officers

Nonprint Research Media

  • Legal research has moved beyond conventional print volumes to include computer-assisted legal research, mobile apps, and the Internet
  • Today's researchers must be adept at using both conventional print and newer technology sources for legal research
  • Legal researchers must be flexible and creative in their approach if materials are unavailable
  • Stare decisis, though promoting stability, can lead to injustice if outdated precedents are not reevaluated
  • When society changes the need for new or modified laws arises.
  • Judicial activism involves challenging and revising existing precedents to accommodate social progress.

Chapter 2: The Federal and State Court Systems

  • The US has a federal and 50 state court systems
  • Federalism in the US: a system of governance that divides governmental functions between federal (national) and state governments.
  • Powers not explicitly conveyed to the Federal Government are reserved for the states
  • Federal Court Structure: District courts, appellate courts, and the Supreme Court
  • State Court Structure: Varies by state but usually has trial courts, appellate courts, and a court of last resort.

Identifying the Holding of a Case

  • The holding of a case is the court's ruling on the key legal issue, is legally binding upon lower courts
  • Dictum are judicial comments made in cases that aren't necessary to the holding
  • Dictum are not legally binding

Case Citation Form

  • Formatting for citing cases (both federal and state) was described
  • Case name, volume number, name of the reporting series, page number, and year of the decision.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

Related Documents

Finding the Law: Paralegal Research & Writing PDF

Description

Explore the essentials of legal research in Chapter 1 of Paralegal Studies. This chapter outlines the competencies required for paralegals while discussing ethical duties, various law library types, and U.S. sources of law. Gain insight into the role of paralegals and the importance of accuracy in legal writing and research.

More Like This

Use Quizgecko on...
Browser
Open
Browser
Browser