1. You are shepardizing a case and come across an "o." This means that your case, or a portion of that case, has been:
2. Shepard's can help you on the job in which of the following ways?
A. Allowing you to pinpoint specific legal issues through headnote references.
B. Validating your case authority, but not statutes.
C. Validating your statutory authority, but not cases.
D. Providing the full text of case opinions, just like regional reporters.
3. If you are Shepardizing a case and encounter a treatment abbreviation that you are unfamiliar with, you should do which of the following?
A. Turn to the back of the volume of that Shepard's to consult the Table of Abbreviations.
B. Turn to the front of the volume of that Shepard's to consult the Table of Abbreviations.
C. Look on the bottom of the page since the definitions for the abbreviations are set forth in the form of footnotes.
D. Look on the bottom of the page since the definitions for the abbreviations are set forth in the form of headnotes.
4. How do you determine if you have all of the books necessary to properly shepardize your case?
A. You go to the shelf and grab all the books that appear to cover your case.
B. You ask the librarian to make this determination for you.
C. You Read "What Your Library Should Contain" on the front cover of the most current publication.
D. You do not have to make this determination since the hardbound Shepard's is the only book that you
need to consult.
5. By shepardizing a case, the paralegal may be able to:
A. ascertain if other courts have followed or otherwise approved of that case.
B. ascertain if the case is still valid authority.
C. ascertain the status of that case.
D. all of the above (A, Band C)
6. The paralegal has been assigned a research project on the issue of statute of limitations as it applies to a medical malpractice claim. The paralegal wishes to consult a nearby expert in this area of law to obtain some background information. Which of the following is the best way for the paralegal to attempt to locate this expert?
A. Call the nearest law school and ask to speak to the professor who teaches classes in medical
malpractice or negligence, or both areas of law.
B. Watch daytime television thoroughly for advertisements from attorneys who state that they "sue
doctors", and then call the number listed on the television screen.
C. Go to the local hospital, and ask for references from both nurses and physicians.
D. Consult the "Table of Attorneys" listed by specialty in the front of the Blue Book.
7. What is the name of the publication that contains selected case opinions and articles entitled "annotations"?
A. Shepard's Citations
B. American Jurisprudence 2d
C. American Law Reports
D. The Restatement of the Law
8. What cited material is generally included in Shepard's, i.e., what things can you shepardize?
C. Jury Instructions.
D. All of the above.
9. Which series of books does not contain cases from the federal court system?
A. Federal Supplement
B. Federal Rules Decisions
C. United States Supreme Court Reports
D. Federal Regional Law Compilation
10. Federal statutes become law in which of the following sequences?
A. ordinances then slip laws then statutes at large
B. slip laws then statutes at large then U.S.C.
C. statutes at large then slip laws then U.S.C.
D. slip laws then statutes at large then United States Reports
11. If you want to shepardize Thompson v. State. 85 Nev. 134, 451 P.2d 704 (1969) in both Shepard's Pacific Reporter Citations and Shepard's Nevada Reports Citations, what information would you need?
A. The volume and page number where the case is found in the Pacific Reporter.
B. The volume and page number where the case is found in the Nevada Reports.
C. The volume and page number where the case is found in the Supreme Court Reporter.
D. You need both A and B, listed above, as well as the date of the decision.
12. The parallel cite to a case is shown where in Shepard's?
A. Immediately following the page number of the case you are shepardizing.
B. Immediately following the volume number of the case you are shepardizing.
C. Immediately following the cases with a history relationship to the case you are shepardizing.
D. Immediately following the ALR references.
13. What is the title of the national digest?
A. National Digest System
B. American Digest System
C. Atlantic Digest System
D. Modern Federal Practice Digest
14. West is the primary publisher of digests. What term does West use for numbers in its digests that are permanently assigned to a specific point of case law?
A. key numbers
B. key points
C. key cases
D. key annotations
15. Among the best series of non-authority to utilize in finding relevant cases in the regional reporter is which of the following?
A. A Uniform System of Citation
B. Regional digest
C. United States Supreme Court Reports
16. You are shepardizing a case and come across a "c." You are concerned because:
A. This case has been critiqued and has been reversed on appeal.
B. This case has been criticized, meaning that another court has disagreed with the case.
C. This case has been declared unconstitutional.
D. This case is cited by your opponent in her brief, and has been declared constitutional.
17. You are shepardizing a case and discover your library is missing two of the books that cover your case. Which of the following statements is true?
A. There is no cause for alarm as long as the most recent supplement is available because it will show
every case that ever overruled your case.
B. There is no cause for alarm as long as at least one bound volume is available because it will show all
the information you could possibly need.
C. You may be missing critical information unless you use all the books that cover your case.
D. You may be missing critical information unless the bound volume of the Shepard's United States
Citations is available, because it will show you every case that ever overruled your case.
18. A friend tells you the case upon which you are relying has been overruled. You have shepardized your case in all of Shepard's citators that cover your case, including your most recent issue of Shepard's Citations, and in Shepard's Express Citator. None of these publications shows that your case has been overruled. Which of the following statements is true?
A. There is no possibility that your case has been overruled because you have checked everywhere you need to.
B. Your case may have been overruled recently, but there is no place to look but Shepard's.
C. Your case may have been overruled recently, not yet shown up in Shepard's, and you should go on-line
LEXIS and/or WESTLAW to obtain more current information.
D. Shepard's contains the most current information available, so there is no need to go on-line LEXIS or
19. Each of the following can potentially be Shepardized, except:
A. Annotations in ALR.
B. Law Review Articles.
C. Decisions of the Public Defender.
D. Cases from the Circuit Court of Appeals.
20. How is secondary authority shown in Shepard's Citations?
A. In chronological order among entries for a common series.
B. In parentheses immediately following the page number of the case you are shepardizing.
C. In parentheses immediately following the volume number of the case you are shepardizing.
D. Secondary authority is not shown in Shepard's because it is not law.
21. You are shepardizing the official cite to a state case. What will the cross reference in Shepard's Citations show you?
A. The unofficial cite to the case you are shepardizing.
B. The date of the decision you are shepardizing.
C. The name of the judge who wrote the majority opinion.
D. The date of the decision that reversed the case you are shepardizing.
22. You are shepardizing a case and find the following as a citing reference: 71 AL 449s. This means:
A. Your case was cited in the bound volume of the annotation.
B. Your case was cited in a supplement to the annotation.
C. Your case was cited in a source of law that is only published in bound volumes.
D. Your case was cited in several pages of the annotation.
23. Which of the following is an improper case citation?
A. Moe v. Jordan, 66 N.J. 541, 33 A.2d 8 (1975).
B. Rock v. Wall, 398 F. Supp. 768 (D. Colo. 1994).
C. Carey v. Lowenstein, 88 P.2d 43,12 N.M. 34 (1995).
D. Lopez v. Smith, 51 F.2d 101 (2d Cir. 1976).
24. Which of the following is a proper citation to a federal court opinion?
A. Valdez v. Moses, 44 Colo. 44, 75 P.2d 222 (D. Colo. 1989).
B. Palermo v. Lena, 398 F. 2d 444 (W.D. Wis. 1993).
C. Cher v. Letterman, 13 F. Supp. 140 (D. N.M. 1994).
D. Steinke v. Altoona, 47 F.2d 88,33 F.Supp. 878 (10th Or. 1995)
25. A friend with no paralegal training shepardized your case and reports that he found no Vs." Which of the following statements is true?
A. You may rest assured that there has been no negative treatment of your case.
B. Your case still may have been criticized or questioned, denoted in Shepard's as "c" and "q," respectively.
C. Your case still may have been limited to its facts, denoted in Shepard's as "L."
D. Both B and C are true.
26. P.2d is which of the following?
A. An official reporter.
B. An unofficial reporter.
C. A digest covering cases from the Pacific region. D. A Shepard's Citator covering cases from the Pacific region.
27. Which of the following is a proper cite?
A. Smith v. Jones, 110 F.Supp. 11 (8th Cir. 1994).
B. Wright v. Jones, 110 F.Supp. 119 (B.C. Cir. 1994).
C. Poor v. Jones, 114 F. 12 (D. Colo. 1994).
D. Rich v.Jones, 118 F.2d 119 (10th Cir. 1994).
28. Your opponent has cited a case as follows: Thong v. Buyer, 399 U.S. 311, 89 S. Ct. 1098, 21 L. Ed. 2d 301 (1958). Which of the following statements is true?
A. According to the Blue Book, the correct cite would not include 399 U.S. 311 nor 21 L. Ed. 2d 301.
B. According to the Blue Book, the correct cite would not include 399 U.S. 311.
C. According to the Blue Book, it is not necessary to cite to 89 S. Ct. 1098 nor 21 L. Ed. 2d 301.
D. According to the Blue Book, it is not necessary to cite to 89 S. Ct. 1098.
29. Which of the following statements is true?
A. There are no parallel cites for cases reported in the Federal Supplement.
B. There are no parallel cites for cases reported in the Federal Reporter.
C. Where you have a parallel cite to an opinion of a highest state court, the official cite is to be placed before the unofficial cite.
D. All of the above statements (A, B and C) are true.
30. You have been asked to find a parallel citation to your case. Which of the following represents the most accurate method of finding it?
A. Look in the table of cases in a legal periodical.
B. Shepardize your case.
C. Consult the Century Digest.
D. Refer to at A Uniform System of Citation.
31. Which of the following statements is true regarding the proper citation form for federal statutes?
A. The preferred format is to cite to the U.S.C.A.
B. The preferred format is to cite to the U.S.C.S.
C. The preferred format is to cite to U.S.C.
D. Both A and B are preferred.
32. Is there anything improper about the following citation form? Smith v. Thompson, 55 A.2d. 24, 34 N.J. 53
B. Yes, because the N.J. citation should precede the A.2d citation, and the case name should be underlined or italicized.
C. Yes, because even though the official and unofficial citations are in the correct order, the case name should be underlined or italicized.
D. Yes, because the circuit court that heard the case needs to be indicated in the parentheses and the case
name should be underlined or italicized.
33. Kinds of writing created within a law office do not include:
B. Appellate briefs.
D. Court opinions.
34. Which of the following is a proper citation to a secondary authority?
A. Tyson v. Kingsville, 120 F.Supp. 766 (W.D. Wis. 1976)
B. Clayton v. Singleton, 40 F.2d 870 (2d Cir. 1979)
C. George Osbome, Handbook on the Law of Mortgages 23 (2d ed. 1970)
D. Jacob v. Noah, 30 Colo. 70,44 P.2d 67 (1978)
35. Which of the following is not a federal digest?
A. Modern Federal Practice Digest.
B. Federal Practice Digest 2d.
C. Federal Digest.
D. Pacific Digest.
36. The Martindale-Hubbell Legal Directory is a multi-volume set of books that serves many purposes. Which of the following is not a purpose of Martindale-Hubbelll
A. provides an alphabetical listing of many attorneys and law firms by state and city.
B. provides the full-text of opinions from the state supreme courts of all fifty states.
C. provides short summaries of the law of all fifty states in a separate Digest volume.
D. provides short summaries of the law of many foreign countries in a separate Digest volume.
37. When citing an appellate case correctly, paralegals typically provide the reader with all of the following information about the case, except:
A. the names of the parties to the litigation.
B. the year that the case was decided.
C. the name of the judge who wrote the opinion.
D. the name or names of the publications where the case can be found.
38. Which of the following statements is true with regard to the following sentence contained in your opponent's appellate brief? "The beforementioned question is difficult provided that it does not contain the aforesaid conclusions to wit."
A. It contains words and phrases that should be avoided.
B. It contains standard legal jargon that should be used liberally.
C. It contains words and phrases that are appropriate in appellate briefs, although not appropriate in
D. It contains words and phrases that are appropriate in external memos, although not in internal memos.
39. Formal statements of claims and defenses exchanged between the parties involved in litigation are:
C. Internal Memos.
40. What is the most important purpose for using proper citation format?
A. to allow the intended readers to find the cited authority in the law library as quickly as possible.
B. to allow the judge to check for the existence of dissenting opinions in the authority that you have cited.
C. to "hide" authority so that opposing counsel cannot find it.
D. to allow the intended reader to find the Digests and Shepard's that you relied upon as quickly as possible.