Legal Research Midterm Review

Generally speaking, the highest source of law in a jurisdiction is:

a. Government Code

b. U.S. Supreme Court

c. Constitution of that jurisdiction

d. Highest court of that jurisdiction

c. Constitution of that jurisdiction

When Congress passes a law that goes against the U.S. Constitution, which branch of the federal government has the power to declare it unconstitutional?

a. Executive branch

b. Judicial branch

c. Legislative branch

d. The people through voting

b. Judicial branch

When researching a civil state law issue in a Dallas County trial court, which of the following would be considered mandatory authority?

(a) A case from the Kentucky Supreme Court

(b) A case from the United States Supreme Court

(c) A case from the Fifth District Court of Appeals

(d) A case from the Fifth Circuit Court of Appeals

(c) A case from the Fifth District Court of Appeals

Which scenario correctly demonstrates the principle of federalism as it applies to legal research?

(a) A state court applying its own law without regard to federal statutes

(b) A lawyer researching only the laws of one state because federal laws don't apply within that state

(c) A court analyzing both federal and state law when both may apply to the same facts

(d) A federal court always having priority over state courts in interpreting law

(c) A court analyzing both federal and state law when both may apply to the same facts

In which of the following scenarios would a legal researcher be most likely to encounter a choice-of-law issue?

(a) A federal court applying a federal statute in a civil rights case

(b) A state court interpreting its own constitution

(c) A federal court hearing a contract dispute governed by state law

(d) A state appellate court reviewing a case from its trial court

(c) A federal court hearing a contract dispute governed by state law

Which of the following best describes the relationship between primary and secondary legal authority?

(a) Both are binding if cited in court

(b) Primary authority includes only statutes and constitutions, while secondary includes only judicial opinions

(c) Primary authority is law created by a law-making body, while secondary authority explains or interprets the law

(d) Secondary authority can overrule primary authority in appellate courts

(c) Primary authority is law created by a law-making body, while secondary authority explains or interprets the law

A federal district court in Texas is bound by decisions from all federal circuit courts of appeals.

T/F

False

A decision from the U.S. Court of Appeals for the 5th Circuit is binding on a Texas state trial court when interpreting federal Constitutional issues.

T/F

(b) False

A student is researching a tenant's premises liability claim against a landlord after a neighbor's dog bit the tenant in a common hallway. She runs this Boolean search in Westlaw and gets only four results:

tenant AND landlord AND dog AND bite AND hallway

Which revision is most likely to increase the number of relevant results?

a. Add "NOT premises liability" to the end of the search.

b. Replace the connectors between terms with NOT so that irrelevant documents are excluded.

c. Add synonyms joined with OR, such as (dog OR canine OR pet) AND (bite OR attack).

d. Put the entire search inside quotation marks so it runs as an exact phrase.

c. Add synonyms joined with OR, such as (dog OR canine OR pet) AND (bite OR attack).

Which of the following searches will return the narrowest set of results, assuming all four are run in the same database?

a. dog AND bite

b. dog /p bite

c. dog /s bite

d. dog /3 bite

d. dog /3 bite

Which statement most accurately describes a difference between natural language searching and Boolean (terms and connectors) searching?

a. A natural language search relies on the database's algorithm, so the same search run months later may return differently arranged results even if no new authorities have been added.

b. A natural language search overrides the database's algorithm, giving the researcher control over exactly how the terms are processed.

c. A Boolean search relies on the database's algorithm to decide which documents are most relevant, so it is less precise than a natural language search.

d. A natural language search is always preferable because databases fully disclose how their algorithms rank results.

a. A natural language search relies on the database's algorithm, so the same search run months later may return differently arranged results even if no new authorities have been added.

Which version of the United States Code is considered the official, authoritative version?

a. United States Code Annotated (U.S.C.A.)

b. United States Code Service (U.S.C.S.)

c. United States Code (U.S.C.)

d. Statutes at Large

c. United States Code (U.S.C.)

In the citation 17 U.S.C.A. §107 (West), the parenthetical contains the name of the author.

T/F

False

After a bill is passed by the Texas Legislature and signed by the governor, where is it first published?

a. Texas Statutes

b. Vernon's Texas Codes Annotated

c. Texas Register

d. General and Special Laws of Texas (Session Laws)

d. General and Special Laws of Texas (Session Laws)

What is the function of the Popular Names Table in a code?

a. To list statutes that have been repealed

b. To link titles of legislation to their codified locations in the code

c. To provide definitions of legal slang

d. To summarize statutory provisions in layperson terms

b. To link titles of legislation to their codified locations in the code

Which of the following is a codified source of Texas statutes?

a. General and Special Laws of Texas

b. Texas Administrative Code

c. Vernon's Texas Codes Annotated

d. Texas Register

c. Vernon's Texas Codes Annotated

Which of the following best describes the difference between session laws and codified statutes?

a. Session laws include annotations, while codified statutes do not

b. Session laws are organized by subject, while codified statutes are chronological

c. Session laws are passed by courts, while codified statutes are passed by legislatures

d. Session laws are published chronologically, while codified statutes are organized by subject

d. Session laws are published chronologically, while codified statutes are organized by subject

Which publication is used to notify the public of proposed federal regulations before they are finalized?

a. Federal Register

b. Code of Federal Regulations (CFR)

c. U.S. Statutes at Large

d. Congressional Record

a. Federal Register

In Texas, after a state agency adopts a regulation, it is codified in which of the following?

a. Texas Statutes

b. Texas Penal Code

c. Texas Administrative Code (TAC)

d. Texas Regulatory Manual

c. Texas Administrative Code (TAC)

In the citation, 37 Tex. Admin. Code §285.1 (2025) (Tex. Comm'n on Jail Standards, Physical Exercise), the year represents the year that the regulation became effective.

T/F

False

What is the primary distinction between a statute and a regulation?

a. Statutes are issued by executive agencies; regulations by the legislature

b. Statutes are broader; regulations are more detailed and issued under delegated authority

c. Regulations are persuasive; statutes are mandatory

d. Regulations only apply to private companies

b. Statutes are broader; regulations are more detailed and issued under delegated authority

The Code of Federal Regulations (CFR) contains both proposed and finalized federal rules.

T/F

False

Which of the following best describes the Texas Administrative Code?

a. A record of all court opinions issued by Texas agencies

b. A chronological listing of proposed and final regulations

c. A codified, subject based compilation of Texas agency rules

d. A list of all bills introduced in the Texas Legislature related to agency oversight

c. A codified, subject based compilation of Texas agency rules

When using KeyCite on Westlaw, what does a yellow flag typically indicate?

a. The case has been completely overruled

b. The case has some negative history but hasn't been overruled

c. The case is from another jurisdiction

d. The case is pending review

b. The case has some negative history but hasn't been overruled

In legal research, a case from another jurisdiction can never be cited in court.

T/F

False

In the citation 355 U.S. 41, 43 (1957), 355 is the volume of the case reporter.

T/F

True

What do West headnotes in a reporter do?

a. Provide statutory annotations

b. Summarize the facts of the case

c. Identify legal issues addressed in the opinion and assign key numbers

d. Indicate which court issued the decision

c. Identify legal issues addressed in the opinion and assign key numbers

Which of the following reporters publishes opinions from federal district courts?

a. Federal Reporter

b. United States Reports

c. Supreme Court Reporter (S.Ct.)

d. Federal Supplement

d. Federal Supplement

Which legal research tool helps you verify the history and treatment of a case?

a. West Key Number Digest

b. KeyCite

c. Black's Law Dictionary

d. Table of Authorities

b. KeyCite

If you wanted to find out how other lawyers typically draft a specific type of contract clause, which secondary source would be most useful?

a. A legal dictionary

b. A law review article

c. A form book or practice guide

d. A court opinion

c. A form book or practice guide

What is the main purpose of a legal treatise?

a. To report recent court decisions

b. To provide a detailed overview and analysis of a specific area of law

c. To publish new state laws

d. To record trial transcripts

b. To provide a detailed overview and analysis of a specific area of law

When researching in an area of law that is completely unfamiliar to you, which type of secondary authority would be the best place to start?

a. Law review article

b. Model code

c. Legal encyclopedia

d. Restatement

c. Legal encyclopedia

When is it typically most appropriate to cite a secondary source in a formal legal memorandum or court document?

a. When the secondary source provides a clearer explanation than the available primary authorities

b. When dealing with an underdeveloped area of law with little primary authority on point

c. When the researcher lacks time to locate and analyze primary authorities

d. When the secondary source is more recent than primary authorities

b. When dealing with an underdeveloped area of law with little primary authority on point

Restatements of the Law are issued by the American Law Institute and are binding in all U.S. courts.

T/F

False

Which of the following is the best use of a secondary source during the early stages of research?

a. Drafting the final legal argument

b. Checking the current status of a statute

c. Finding an exact quote from a court opinion

d. Gaining background and locating relevant primary authority

d. Gaining background and locating relevant primary authority

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