Legal Research & Investigation Techniques Flashcards

Where would an investigator find the permanent, subject-arranged codification of federal agency regulations?

Answer: Code of Federal Regulations

The CFR codifies general and permanent rules published by federal agencies, organized by title and subject.

An investigator is asked to 'Shepardize' a case cited in a brief. What is the primary purpose?

Answer: To confirm the case is still good law and find later citing authority

Citators such as Shepard's show subsequent history and treatment, revealing whether a case has been overruled or questioned.

Which system provides electronic access to dockets and filings in U.S. federal district, appellate, and bankruptcy courts?

Answer: PACER

PACER (Public Access to Court Electronic Records) is the federal judiciary's online docket and document system.

To identify secured creditors holding liens on a business's equipment and inventory, an investigator should search:

Answer: UCC financing statements at the Secretary of State

UCC-1 financing statements filed with the Secretary of State give public notice of security interests in personal property.

Which of the following is considered secondary legal authority?

Answer: A law review article

Law review articles explain or analyze the law but are not themselves law, making them secondary authority.

Which daily federal publication contains proposed rules, final rules, and agency notices?

Answer: Federal Register

The Federal Register is published each business day with proposed and final rules and agency notices.

Deeds, mortgages, and other real property instruments are usually recorded with which office?

Answer: County recorder or register of deeds

Real property instruments are recorded at the county level where the property is located.