2016 RESEARCH QUIZ EXPLANATIONS FOR QUESTIONS THAT WERE MOST FREQUENTLY ANSWERED INCORRECTLY.

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Presentation transcript:

2016 RESEARCH QUIZ EXPLANATIONS FOR QUESTIONS THAT WERE MOST FREQUENTLY ANSWERED INCORRECTLY

QUESTION 2 On page 7 of your memo, you cited Funk Brothers Seed Company versus Kalo Inoculant Company, reported at 333 U.S. 127 (1948). In the same general discussion on page 9 of your memo, you would like to cite the case again, but cite to a particular issue that is on page 130 of the Court’s opinion. There are several other cases cited in the footnotes on page 8 of your memo. Funk Bros. Seed Co. v. Kalo Inoculant Co., 333 U.S. 127, 130 (1948). a. Funk Bros. Seed Co., 333 U.S. at 130. b. Funk at 130. c. Funk & Kalo at 130.

EXPLANATION BLUEBOOK RULE 10.2 (BLUEPAGES EXAMPLE AT P. 16). Use Table 6 (P. 496) for a guide to abbreviations of common issues for Case Names and Institutional Authors (The word “Brothers” here). Note use of other tables for name abbreviation (pp ). Rule 10.2 (P. 96) Note difference between case names that are part of a textual sentence and case names in a citation sentence. Case names that are part of citations are more heavily abbreviated than case names in textual sentences. See also 10.9.i (P. 116) – “Omit the case name (in a short citation) only if the reader will have no doubt about the case to which the citation refers.”

QUESTION 3 3. A note by Kaitlan M. Folderauer entitled “Not all is Fair (Use) in Love and War: Copyright Law and Revenge Porn,” was published in spring 2015 in Volume 44 of the University of Baltimore Law Review, beginning on page 321. This journal is consecutively paginated. a. Folderauer, Not all is Fair Use in Love and War: Copyright Law and Revenge Porn, 44 U. Balt. L. Rev. 321 (2015). b. Kaitlan M. Folderauer, Note, Not all is Fair (Use) in Love and War, Copyright Law and Revenge Porn, 44 U. Balt. L. Rev. 321 (2015). c.Student Note, Note, Not all is Fair (Use) in Love and War, Copyright Law and Revenge Porn, 44 Univ. of Baltimore Law Rev. (Spring, 2015). d. Folderauer, Kaitlan M., 44 U. Balt. L. Rev. 321 (2015). Bluebook Rule – P. 165 and Table 13 Component parts of a student written article: Full name(s) of Author(s). Firstname MI Lastname Type of article: Comment/Note/Other Title of Article Volume/ ABBREVIATED TITLE OF LAW REVIEW/ first page number of the article pinpoint page # (if you are citing to that) (year of publication). ** Note all punctuation (commas & periods)

QUESTION 6 6. Cite to Section 84, payment of a forged check, published in Volume 4 of the Maryland Law Encyclopedia, in The author is Jack K. Levin and the topic is Banks and Trust Companies. a. 4 Maryland Law Encyclopedia, § 84 Payment of a Forged Check. b. 4 M.L.E. Banks and Trust Companies § 84. c.4 M.L.E. Banks and Trust Companies, § 84 Payment of a Forged Check. d. 4 M.L.E. § 84 Payment of a Forged Check, Banks and Trust Companies. Bluebook Rule 15.8 P. 155 Component Parts: Volume Title Section Year (yes – 2015 should have been in the actual citation)… This is the general pattern for ALL multivolume secondary sources.

QUESTION 9 9. You need to cite to an unpublished decision in the United States District Court for the District of Maryland. The petitioner is Keith Edmonds and the Respondent is Bobby Shearin. The date the case was decided is April 8, 2014, and the only citation you have is 2014 WL The docket number of the case is JKB–13–1547. a. Edmonds v. Shearin, JKB–13–1547, 2014 WL 2014 WL b. Shearin v. Edmonds, 2014 WL (April 8, 2014). c. Edmonds v. Shearin, Criminal Case No. JKB–13–1547, 2014 WL (D. Md. April 8, 2014). d WL Bluebook Rule (p. 111) Component Parts: Name of the case (underlined or italicized and abbreviated according to Rule 10.2) Docket number Database citation Name of the court (See Rule 10.4 for abbreviations) Date the case was decided, including month (See T. 12), day, and year Note punctuation

QUESTION 11 Which of the following is a correct short cite format for a case (assuming all other information and context is correct)? a. Eastern Enterprises, 524 U.S. at 500. b. Id. at 500. c. Eastern Enterprises at 500 d. All the above are correct. Bluebook Rule 10.9 (pp ). Component Parts for citing cases AFTER a full cite (subsequent citations: In general: Name of the case (underlined or italicized and abbreviated according to Rule 10.2) Volume Reporter (abbreviated name Pinpoint citation to specific page referenced preceded by "at"

QUESTION 13 Correct Answer is A: MD. CODE ANN., LAB. & EMPL. § (West 2015). Bluebook Rule 12.3

QUESTION 15 Correct Answer is A: Special Feature: The Constitutionality of the Affordable Care Act, SCOTUSBLOG, ry/special-features/aca/ (last visited Nov. 15, 2015). Bluebook Rule (p ).

TRUE FALSE QUESTIONS (16 TO 29) 19. One can determine if a reported court decision has been the subject of a law review comment or case note by looking up the name of the case in the Index to Legal Periodicals and Books. ***T*** 21. Shepard’s Maryland Citations fails to provide a means for Shepardizing local laws. ***F*** 26. The United States Code Annotated provides references to materials published by West Publishing Company. ***T*** 27. The United States Code Service is the official version of the code. ***F***

MULTIPLE CHOICE RESEARCH QUESTIONS (30-40) 35. Characteristics of a good legal treatise include all of the following EXCEPT: a. Authoritative b.Current and/or updated c. Primary sources in full-text d.Cites to secondary and primary authority 36.The case entries in the West Digests are organized: a. By date b. By relevance c. By court, then date d.None of the above

QUESTION 39 Which of the following research tools organizes cases by topic, provides brief summaries of cases that discuss the law on that topic, and provides applicable West Key Numbers to cases. a. Digest b.American Law Reports c.Treatise on the Law of Contracts d.

BLUEBOOK GUIDES – 20 TH EDITION Bluebook Georgetown Law Library Marquette Georgia State Pace Basic Legal Cornell