How to use these questions: Try to answer each question in your own words, then select it to reveal the answer and check your understanding. Select the question again to hide the answer.
Part 1: Types of Law
1. What is the general name that refers to laws created by the legislature: statutory law or administrative law?
Statutory law.
2. What is common law?
Common law consists of oral traditions derived from general customs, principles, and rules handed down over the years and reflected in the decisions of the courts.
3. Explain the principle of stare decisis.
Stare decisis, which means to "stand on what has been decided," is the principle that the decision of a court is binding authority on the court that issued the decision and on lower courts in the same jurisdiction for the disposition of factually similar cases.
4. The American court system is hierarchical in organization and higher courts have authority over lower courts. (True or False)
True.
5. Appellate courts review the facts of a case, hear testimony, and determine the weight of the evidence. (True or False)
False (this is the role of trial courts).
6. Where are Texas agency rules and regulations typically published?
In the Texas Register, published by the Secretary of State, or in the Texas Administrative Code.
Part 2: Sources of Law and Legal Authority
7. Explain the three concepts under the term "source of law."
The term "source of law" can refer to three concepts: * concepts and ideas, such as customs, traditions, principles of morality, and economic, political, philosophical, and religious thoughts; * statutory formulations from the federal, state, and local governments; and * literature, such as books, online content, law reviews, journals, and periodicals.
8. What is the difference between primary legal authority and secondary legal authority?
Primary authorities are authorized statements of law by governmental institutions, such as written opinions of the court, constitutions, statutes, and rules of court. Secondary authorities are statements about the law that are used to explain, interpret, develop, locate, or update primary authorities.
9. What is meant when it is said that a legal authority is binding or mandatory?
Binding (or mandatory) authority must be followed by any court lower in the hierarchy. Binding authority is always primary authority, but not all primary authority is binding.
10. What is meant when it is said that a case is "on point?"
A case is "on point" if it shares the same significant facts with the case at issue and does not differ in any significant facts from the instant case.
11. When can a court reject a decision of a higher court?
A court can reject a decision of a higher court as not being binding by distinguishing the cases on their facts or issues, and thus finding that the previous case is different in some significant way.
12. A secondary source can be binding authority. (True or False)
False (secondary sources can only be persuasive authority).
Part 3: Materials of Legal Research
13. Name the three broad categories of published legal resources.
The three broad categories are primary sources, secondary sources, and legal research tools.
14. Explain the difference between primary and secondary sources and give an example of each.
Primary sources are authoritative statements of legal rules by governmental bodies. They include court opinions, constitutions, statutes, and rules of court. Secondary sources are materials about the law that are used to explain, interpret, develop, locate, or update primary sources. Examples include law reviews, legislative histories, journal articles, newsletter articles, bench books, and procedure guides. These secondary sources can be interpretive and may include analysis and critical commentary.
15. Explain how AI can assist legal research.
AI can assist with summarizing legal materials, identifying research topics, organizing information, and drafting preliminary documents.
16. Identify at least two risks associated with using AI-assisted legal research.
Risks include hallucinations, inaccurate citations, outdated information, and confidentiality concerns.
17. What important step should a researcher take before relying on AI-generated information?
AI-generated information should always be independently verified using authoritative legal sources.
18. Texas statutes are accessible on the internet. (True or False)
True.
Part 4: Citing Sources of Law
19. What is a citation, in the legal research sense?
A citation is a reference to a law or case, or a reference to a source of legal authority that allows a researcher to locate a cited source.
20. What are the Bluebook and Redbook, and what are they used for?
They are reference guides that explain the form and meaning of legal citations, as well as give the proper way to reference and cite legal material.
21. Identify what the following abbreviations stand for:
– U.S.C.
– S. Ct.
– F.2d
– S.W.2d
– v.
The following abbreviations stand for: * U.S.C.: United States Code * S. Ct.: Supreme Court Reporter * F.2d: Federal Reporter, 2nd Series * S.W.2d: South Western Reporter, 2nd Series * v.: versus
22. Identify what codes the following abbreviations stand for:
– A.B.C.
– C.C.P.
– E.C.
– F.C.
– G.C.
– H.S.C.
– P.C.
The following abbreviations stand for: * A.B.C.: Alcoholic Beverage Code * C.C.P.: Code of Criminal Procedure * E.C.: Education Code * F.C.: Family Code * G.C.: Government Code * H.S.C.: Health and Safety Code * P.C.: Penal Code
Part 6: Reading and Interpreting Statutes
23. How often does the Texas Legislature meet?
Every two years (in odd-numbered years) for 140 days and when the Governor calls a special session.
24. What are the two houses of the Texas Legislature called?
The House of Representatives and the Senate.
25. A bill must be approved in identical form by both houses before being sent to the Governor. (True or False)
True.
26. Below is an excerpt from a recent piece of legislation. Which phrases were added? Which were deleted?
– SECTION 1. Section 545.066(c), Transportation Code, is amended to read as follows:
– (c) An offense under this section is a misdemeanor punishable by a fine of not less than $500 [$200] or more than $1,250 [$1,000], except that the offense is:
– (1) a misdemeanor punishable by a fine of not less than $1,000 or more than $2,000 if the person is convicted of a second or subsequent offense under this section committed within five years of the date on which the most recent preceding offense was committed;
– (2) a Class A misdemeanor if the person causes serious bodily injury to another; or
– (3) [(2)] a state jail felony if the person has been previously convicted under Subdivision (2) [(1)].
The following phrases were added: $500, $1,250, and "a misdemeanor punishable by a fine of not less than $1,000 or more than $2,000 if the person is convicted of a second or subsequent offense under this section committed within five years of the date on which the most recent preceding offense was committed." The following were deleted: $200, and $1,000. The underlined text is new language that is to be added to a statute or code. The "strikethru" or bracketed text indicates language that is to be deleted.
27. What are session laws?
All of the laws passed by a legislative session that are published in volumes in chronological sequence.
28. Where can you get a copy of a bill?
The Texas Legislative Council website or the Texas Legislature Online website.
Part 7: Reading and Interpreting Cases
29. How are cases named or identified?
By the names of the parties to the lawsuit.
30. What is the significance of "In re" when shown in a cited case?
In re is used in a case citation to signify that there are no adversarial parties. It means in the affair; in the matter of; concerning.
31. What is the significance of "Ex parte" when shown in a cited case?
Ex parte in a case citation means that a special proceeding was involved. It means by or for one party; done for; on behalf of.
32. Who usually writes the headnote to a case?
The legal editors (rather than the court) write the headnotes.
33. What is the main difference between a majority and concurring opinion?
A majority opinion is usually written by one judge and represents the principles of law that the majority of the court deemed operative in a given decision. It has the greatest precedential value. A concurring opinion agrees with the result reached by the majority, but does not necessarily agree with the precise reasoning of the majority.
34. What is a plurality opinion?
A plurality opinion is agreed to by less than a majority as to the reasoning of the decision, but it is agreed to by a majority as to the result.
35. What does "affirmed" mean?
Affirmed denotes that the appellate court reached a decision that agrees with the result reached in the case by the lower court.
36. What does it mean when a court reverses a case?
Reversed denotes that the appellate court disagrees with the result reached by the lower court in the case.
37. Why should a researcher check the validity of a case or statute?
Because it is possible that the case is no longer "good law."
Part 8: Reading and Interpreting Attorney General Opinions
38. How are attorney general opinions organized?
Attorney general opinions are organized by the name of the Attorney General at the time the opinion was released and then numbered chronologically. Example: JC-0247 (2000) or DM-1 (1991).
39. Are attorney general opinions binding on the court?
No, attorney general opinions are persuasive authority but are not binding on courts.
Part 9: The Legal Research Process
40. There is only one correct method in conducting a legal research project. (True or False)
False (there are several).
41. Name at least three questions that should be asked to help define the legal issue.
Some questions that should be asked to help frame the legal issue are: * Is the issue governed by federal, state, or local law? * Does it involve criminal, civil, or administrative law? * Which branch of government is involved? * What jurisdiction controls the issue? * What sources are binding, and what sources are persuasive?
42. Why would a secondary authority be consulted in defining the legal issue to be researched?
Often it is useful to consult secondary sources to gain context and identify legal terminology.
43. Because case law interprets statutes, researchers should review both statutes and relevant case law when researching how a statute is applied. (True or False)
True.
44. After completing research on the legal issue, why is it important to update the search one last time?
It is important to update the search one last time to ensure that the law has not changed since the research was first conducted. This step helps confirm that statutes and cases have not been amended, reversed, or superseded and that the researcher is relying on the most current legal authority.