ALR REVIEW FINAL ROUND!

Miscellaneous

100

Name two major practice guide publishers that specialize in CA materials.

Rutter and

CEB

200

What is the name of the CEB electronic database?

ONLAW!

300

What are the names of the two major legal encyclopedias in California? (One may be considered a hybrid encyclopedia/practice guide.)

Cal Jur and

Witkin Summary of California Law

400

What are the names of the two annotated California codes and who publishes each?

Deering's: (LEXIS) and 

West's Annotated CA Codes: (WEST)

500

What is the difference between a practice guide and a legal encyclopedia?

A practice guide contains 'how to' information and instructions for specific tasks and legal issues. Practice guides are published relating to specific practice areas or tasks, i.e. CA Child and Spousal Support or CA Uninsured Motorist Practice.

An encyclopedia gives general information on all areas of law within its scope.

Sundry

100

Name a legal publisher other than WEST or LEXIS.

Includes publishers such as: Matthew Bender, CEB, Rutter Group, BNA, Bloomberg

200

What is BNA? What do they do?

They are part of Bloomberg and publish highly regarded practice materials and newsletters, often in regulated areas. This includes United States Law Week, which focuses on significant developments in law, in particular the Supreme Court.

300

What is the difference between 'official' and 'unofficial' publications?

Official is sanctioned by (but not necessarily published by) the government, i.e. 

CA official case law is published by LEXIS, but the official United States Code is published by the US Gov't.

400

What is a 'filter bubble'?

A filter bubble is the name of a book written by Eli Pariser and the subject of a famous Ted Talk (viewed in class) which highlighted the negative issues surrounding personalized information streams.

500

What is the *default* effective date of legislation in the following jurisdictions? a) CA or B) Federal

CA: Article 4, Section 8(c)(1) of the Constitution provides “a statute enacted at a regular session shall go into effect on January 1 next following a 90-day period from the date of enactment of the statute 

FED: Upon signing of the executive.

Assorted

100

Define and contrast 'content driven' and 'source driven' databases.

Content driven: Searching for specific content, then filter by jurisdiction and authority.

Source driven: Filter by jurisdiction, source and/or authority first, then search for content.

200

In what court and jurisdiction is this case? 

59 F.3d 234 (9th Cir. 2000)

Federal court of appeals, 9th Circuit.

300

When are you done researching?

Three methods: 

1) Keep seeing the same resources (or lack of them) over and over; 

2) Begin research with a different source, i.e. take a different path and get same result. Must always UPDATE from this point! or 

3) When you are told to stop - you may only be given an hour or a day, and you have to do the best you can given that time.

400

Is primary law always mandatory authority? Y or N?

No! Persuasive primary law is not mandatory.

500

Smith v. Jones is federal court case based on diversity jurisdiction. The issue: whether Oregon state law recognizes the tort of wrongful discharge. SCOTUS granted cert on this case and determined that Oregon *does* recognize this tort. A) Is the SCOTUS decision binding on the Oregon Supreme Court? B) Is the SCOTUS decision binding on the US Court of Appeals - 9th Circuit?

A: No! a state's highest court has final say law within it's jurisdiction.

B: Yes, the 9th Circuit must follow the SCOTUS.

Varied

100

What are and who publishes the following:

USCS

USCA

They are both annotated federal codes.

USCS=United States Code Service and is published by LEXIS

USCA=United States Code Annotated and is published by WESTLAW

200

Explain this citation:

P.L. 109-142

This is a reference to federal 'public law', i.e. a bill that has passed and has general applicability to society as a whole.

It is this 142nd law passed by the 109th congress.

300

What are sources for 'unpublished' case law?

WEXBERG, court websites

400

Define:

Direct History & Indirect History of a Case

Direct history of a case = same

parties, issues, jurisdiction.

Indirect history of a case: 

Same: issues and jurisdiction

Different:  parties

500

What is and who publishes:

USCCAN

This references United States Code Congressional and Administrative News - which is published by ThomsonReuters (formerly West).

It reprints federal session laws and gives a brief list of legislative history information, along with the full text of at least one legislative history document.

Myriad

100

353 P.3d 396 (Colo. App. 2012)

What is the jurisdiction and court level of this case?

Colorado state, court of appeals (mid-level).

200

Legislative acts organized by subject.

Statutory Code

300

Publication which officially updates all federal regulations.

Federal Register.

400

Name of the official publication of all federal regulations.

Code of Federal Regulations.

500

How do you determine if a statutory code section has been recently updated?

-Determine the currency of the code you are updating. Note the date of the last update.

-Check the most recently passed session laws. Determine whether they were passed before or after the last code update.

-Citators may also help with this if you have access to them.