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Legal Writing 1L Research Exam Prep
flashcards for 1L Research Exam
43
Law
Graduate
02/05/2013

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Term
Washington Practice
Definition
a multivolume set that provides an overview of Washington law and citations to Washington statutes, regulations, rules, and cases.
Term
Washington state deskbooks
Definition

They are deskbooks posted by the Washington State Bar Association (WSBA); it's an index book that refers you to the subject matter. Ex: Family Law.

·               Books or looseleafs on a particular subject matter or area of law (e.g., employment law)

 

·               Often published by a section of the WA State Bar

 

·               Written for practitioners

 

·               Provide summary of the law and supporting authority (statutes and cases)

 

Term
Laws of Washington
Definition

Falls under State Legislation

 

Publication of Laws by their #s that ranges the years 1854-1888. Helps you look for things in a chronological timeline and looks at legislative history.

·               Laws of each State of Washington legislative session, published chronologically

 

Term
RCW (Revised Code of Washington)
Definition

Legislative State

 

Combination of all permanent laws and legislative history in WA State. It's in the green paperback books.

The RCW is the official version of the Washington code.   It is a multivolume set that contains all of the Washington statutes currently in effect arranged by topic.  It is unannotated; thus, there are no notes of decisions.  

 

Term
ARCW (Annotated Revised Code of Washington)
Definition

Legislative State

 

Compilation of RCW that contains notes of decisions and other information. It's unofficial and published by Lexis.

·               Unofficial code

 

·               Multivolume set containing all Washington statutes currently in effect arranged by topic

 

·               Published by LexisNexis

 

·               Annotated (contains Notes of Decisions and cross references to other research tools)

 

 

 

Term
RCWA (Revised Code of Washington Annotated)
Definition

Legislative State

 

unofficial RCW version published by Westlaw. Includes notes of decision as well as KeyCite #s.

·               Unofficial code

 

·               Multivolume set containing all Washington statutes currently in effect arranged by topic

 

·               Published by Westlaw

 

·               Annotated (contains case summaries and cross references to other research tools)

 

Term
Washington Court Rules-State
Definition

Judicial State

 

state and federal court rules governing Washington found on the WA courts website

·               Procedural rules for state courts in Washington

 

·               Some of the rules apply only to particular courts (e.g., Rules of Appellate Procedure) or proceedings (e.g., Criminal Rules).

 

Term
Washington Court Rules-Local
Definition

Judicial

 

Contains district, county, municipal and superior court rules. It looks at state and official rules in these local areas of WA. Includes election rules for ethics.

·               Procedural rules for particular courts

 

·               Supplements state court rules

 

·               Contains Superior, District and Municipal court rules

 

 

 

Term
Washington Court Rules Annotated
Definition

Judicial

 

unofficial Westlaw version of the Washington Court Rules-Local and the Washington Court Rules-State

·               2 volume paperbound set published by West

 

·               Contains case summaries, references to law review articles, and ALR annotations

 

·               Has commentaries on the Civil Rules

 

Term
Washington Administrative Code (WAC)
Definition

Administrative State

 

for state legislation; it codifies the regulations of the executive branch agencies and arranges them by subject/agenct; Online version is updated twice a month. Administrators put it together and write it.

·               Regulations promulgated by Washington state agencies

 

·               Large, paperbound volumes (like RCW)

 

·               Arranged by agency, roughly in alphabetical order

 

·               No annotations

 

Term
Seattle Municipal Code
Definition

Administrative/Legislative State

 

laws and ordinances in Seattle. City council creates the laws and ordinances and the code for the city.

 

 

·               City of Seattle ordinances currently in effect

 

·               Arranged by subject

 

Term
Pacific Reporter, Third Series. (P.3d)
Definition

Judicial State

 

regional case reporter provided by West. You can find appellate and Supreme Court cases in there.

·               Regional reporter containing Washington Supreme Court and Washington Court of Appeals cases (along with appellate decisions from 14 other Western States (CA Supreme Court only))

 

·               Unofficial reporter

 

·               Published by West and uses headnotes associated with West’s key number system

 

Term
Washington Appellate Reports (Wash. App)
Definition

Judicial State

 

Holds the appellate case decisions organized chronologically; they record the cases made by West; some are unpublished but then they won't be in Wash. App.

·               Official reporter for Washington Court of Appeals decisions

 

·               Does contain headnotes, but does not use West’s key number system

 

 

 

Term
Washington Reports Second Series (Wn. 2d)
Definition

Judicial State

 

Holds Supreme Court decisions for WA.

 

 

·               Official reporter for Washington Supreme Court decisions

 

·               Does contain headnotes, but does not use West’s key number system

 

Term
Washington Attorney General Opinions
Definition

Administrative State

 

written interpretations asked for by the mayor and judge that are mean for officials of state departments as advice.

·               Contains opinions of Washington’s Attorney General (legal counsel to state government) in response to questions from the Governor, members of the legislature, state agencies and prosecutors

 

·               Written by staff attorneys

 

·               Opinions can provide assistance in interpreting statutes and other legal issues

 

·               Not binding, but given some weight by courts

 

Term
West's Pacific Digest
Definition

puts the opinions in order

·               Subject index for the Pacific Reporter

 

·               Contains abstracts of cases arranged by topic and then by subtopic using West’s topics and key numbers

 

·               Contains descriptive word index and other finding aids

 

Term
West's Washington Digest
Definition

1854-today; it puts opinions in order

·               Subject index for Washington state cases and federal cases arising in Washington

 

·               Contains abstract of cases arranged by topic and then by subtopic using West’s topics and key numbers

 

·               Contains descriptive word index and other finding aids

 

 

 

Term
Cumulative Subject Index for Washington Reports
Definition

contains headnote subjects; it orders the cases that end up in the reporters

·               Subject index produced by LexisNexis based on headnotes in Washington Reports, Second Series and Washington Appellate Reports (the official reporters)

 

·               Compilation of subject indexes in back of each of the volumes of the official reporters

 

·               Goes back to 1979

 

·               If there are multiple citations for a single entry, only the 5 most recent citations to W.2d and Wash. App. are included

 

·               No cases names (only volume and page numbers)

 

 

 

Term
American Jurisprudence 2d
Definition

Legal Encyclopedia that cross references to the ALR and CJS

·               Legal encyclopedia

 

·               Provides general background and summary of the law on a wide range of topics

 

·               Cross references to ALR and other American Jurisprudence publications

 

Term
Corpus Juris Secundum
Definition

West publication that is a Legal Encyclopedia with West's Key Numbers

·               Legal encyclopedia

 

·               Provides general background and summary of the law on a wide range of topics

 

·               Published by West and cross references with other West publications (e.g., digests) and West key numbers

 

Term
American Law Reports, Federal
Definition

Legal Encyclopedia that only deals with federal topics

·               Collects and analyzes cases; uses cases to discuss particular points of law

 

·               Contains “annotations” on points of law and summaries of cases that have discussed particular topics

 

·               Federal topics only

 

Term
United States Statutes at Large
Definition

Legislative Federal

 

Published by Congress every 2 years; a chronological listing of statutes and laws of the U.S.

·               Books containing session laws (statutes) published in chronological order

 

·               Arranged by Public Law number

 

·               Will include original statute, but not any amendments (i.e., it is not necessarily the statute “currently in effect”)

 

Term
United States Code (U.S.C.)
Definition

Legislative Federal

 

Compilation of all laws of the U.S. (similar to the RCW)

·               Books of statutes currently in effect arranged by topic

 

·               Official code published by government

 

·               Text of statute only (no annotations), has historical notes and cross references

 

Term
United States Code Annotated (USCA)
Definition

Legislative Federal

 

Unofficial verios of Westlaw's USC with extra information

·               Books of statutes currently in effect arranged by topic

 

·               Unofficial code published by West (includes key number references)

 

·               Text of statutes, historical information, plus annotations (case abstracts and cross references to other publications)

 

Term
United States Code Service (USCS)
Definition

Legislative Federal

 

Unofficial version of Lexis USC with extra information

·               Books of statutes currently in effect arranged by topic

 

·               Unofficial code published by LexisNexis

 

·               Text of statutes, historical information, plus annotations (case abstracts and cross references to other publications)

 

Term
Code of Federal Regulations (CFR)
Definition

Administrative Federal

 

Federal version of Washington Administrative Code

·               Regulations of federal administrative agencies arranged topically

 

·               Not annotated

 

Term
United States Code Congressional and Administrative News (USCCAN)
Definition

Administrative Federal

 

·               Source for legislative history of bills (post 1941)

 

·               Provides references to committee reports and the dates Congress considered a particular bill

 

·               Selectively publishes some committee reports

 

Term
Federal Supplement
Definition

·               Reporter with decisions of United States district courts

 

·               Includes F. Supp. and F. Supp. 2d

 

·               Published by West and uses West’s key number system

 

Term
Federal Reporter
Definition

·               Reporter with decisions of United States courts of appeals

 

·               Includes F., F.2d, and F.3d

 

·               Published by West and uses West’s key number system

 

 

 

Term
United States Reports
Definition

·               Official reporter for cases decided by the United States Supreme Court

 

·               Published by government

 

·               No headnotes or editorial summary

 

Term
Supreme Court Reporter
Definition

·               Unofficial reporter for cases decided by the United States Supreme Court

 

·               Published by West and uses West’s key numbers

 

·               Contains headnotes and editorial summary

 

 

 

Term
Supreme Courts Reports (Lawyer's Edition)
Definition

·               Unofficial reporter for cases decided by the United States Supreme Court

 

·               Published by LexisNexis

 

·               Contains headnotes and editorial summary

 

·               Short summaries of selected briefs at end of each volume

 

Term
West's Federal Practice Digest 4th
Definition

·               Subject index for federal cases

 

·               Contains abstract of cases arranged by topic and then by subtopic using West’s key number system

 

·               Also contains descriptive word index and other finding aids

 

Term
Legal Periodicals/Law Reviews
Definition

·               Journals (typically published by law schools) containing “Lead Articles” usually focused on relatively narrow issues (e.g., application of a rule in particular circumstance), “Comments” (on a particular narrow point of law) and “Notes” (on a particular case)

 

·               May also contain book reviews

 

·               Lead Articles are written by members of the legal community, such as practicing attorneys and law professors; Notes and Comments written by students

 

·               Text includes footnotes with supporting authority

 

 

 

Term
Restatements
Definition

·               Descriptions of existing common law

 

·               Published for a wide range of topics (each topic is published separately)

 

·               Contains statements or rules of law, followed by “Comments,” and “Illustrations” (examples)

 

·               Published by the American Law Institute; drafted by well respected members of given field

 

·               Most persuasive of persuasive authority

 

Term
Form Books
Definition

·               Books containing forms for a particular jurisdiction or area of law (e.g., a sample contract or a sample complaint for damages in a personal injury case)

 

·               The forms are to be used only as a guide (the actual language will depend on facts of case jurisdiction)

 

Term
Treatises
Definition

·               Multivolume set of books on a single subject written by an expert in the field

 

·               Contains in-depth explanations of narrow issues and citations to supporting cases and statutes

 

·               May also include author commentary

 

 

 

Term
Looseleafs
Definition

·               “Notebook-like” books providing up-to-date information on a particular area of law

 

·               Available for most areas of administrative law and other specialized areas of law (e.g. workers’ compensation)

 

·               May contain text of court opinions, current and proposed statutes, regulations, rules, court settlements or judgments, and commentary

 

Term
How do you use LEXIS through cite checking?
Definition
Shepardize
Term
How do you cite check through Westlaw?
Definition
Key Cite
Term
Two reasons for cite checking
Definition

1) it determines whether the law is still good law

2) it helps you find more cases

Term
How do you construct a term and connector using Lexis?
Definition
Term
How do you construct a term and connector using Westlaw?
Definition

"&" or "and" connects terms

/!/ gives you the different versions of words with the same base

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