Worksheet 4 Legislative Research Using FDsys.gov Find the following federal code/regulation/constitution sections and give the title of each: 1. 21 U.S.C. § 801 2. 15 U.S.C. § 1172 Answer the following and provide the appropriate code section: 3. Can one place an advertisement on the United States flag in Washington, D.C.? . 4. Read and briefly summarize: U.S. Const. art. IV, § 1? . Using the Library of Congress/Thomas Web site (http://thomas.loc.gov/home/thomas.php) or http://uscode.house.gov/ find the following and briefly describe. 5. U.S. Const. amend. XXV . 6. 18 U.S.C. § 6002 7. 6 C.F.R. § 25.9 Answer the following and give the citation 8. Can a state impose income tax on retirement income of individual not a resident or domicile of state? (According to U.S. Code) 9 In which title of the U.S. Code will you find the Safe Schools Act of 1994? 1 10 Using the US Constitution, Analysis and Interpretation, locate the section on the Fifth Amendment right to an indictment by a Grand Jury. Footnote 4 contains a reference to a 1884 case. What is the case and what was the holding of the case? Using uscourts.gov, find the following and briefly describe 11. Federal Rule of Evidence 802 California Research—Using Official Legislative Web site: http://leginfo.legislature.ca.gov/ Find the following California code sections and give the title. 12. California Code of Civil Procedure § 36 13. California Penal Code § 1475 Answer the following questions and provide the cite for the answer (14-16). 14. James asks Jane to marry him and she accepts. Later James refuses to go through with the marriage. Jane is heartbroken and suffers considerable emotional distress. She believes that James never intended to go through with the marriage. She wants to sue. Does she have a cause of action based on a fraudulent promise? Cite the code section that controls 15. In the process of committing a home burglary, Smith is attacked by the home-owners pit bull and suffers severe injuries.. Smith is arrested and charged with a felony. Because of the severity of his injuries, the prosecutor feels sorry for Smith and agrees to allow Smith to plead guilty to a misdemeanor. Can Smith sue the homeowner for his injuries? 16. How long must a person be missing to be presumed dead? California Rules of Court: Courts.ca.gov 2 Find the following, give the title of the rule and briefly describe. 17. Rule 1.200. . 18. Rule 8.77 (d) . Using Westlaw 19. Locate and briefly describe the following: a. 42 U.S.C. § 3543 b. 2 U.S.C. § 192: . c. 18 U.S.C. § 1029 20. Locate and briefly describe the following: a. 8 C.F.R. § 232.2 b. Federal Rule of Civil Procedure, Rule 56 Answer the following questions and provide the authority (federal constitution, code, or rule) for your answer (21-24) 21. Can a court award costs and attorney fees to successful litigants in a copyright infringement case? . 22. What is the definition of the work product rule (in federal court) 23. Can financial harm constitute an act of terror under the CFR? 3 24. How often must Congress assemble and when does the meeting begin? Give the constitutional authority for your answer. Westlaw: California law 25. Locate and briefly describe California Family Code § 7605. 26 Locate and briefly describe California Probate Code Section 66 27. What is the definition of an implied contract under California law? 28. What remedies does a public school high school student have if his or her first amendment rights are violated by school officials? (answer and cite) 29. Where do you find a standard contract for use by a legal document assistant? (in the CCR) Must the legal document use this standard contract? (answer and cite) 30. Locate and describe: Rule 2.108 of the California Rules of Court 31. According to the Rules of Court, when can a case that is certified for publication, be cited to a court? (answer and give Rule # including subsection) The spacing and numbering of lines on a page Review 32. 18 USC §1029 deals with Fraud and related activity in connection with access devices Find the code section on Westlaw and checking the notes of decision find a case that addresses the question of whether counterfeit checks constitute an “access device.” What is the name and citation of the case and what is the answer to the question? 4 33. Find the same code section on Lexis Academic and checking the notes of decision do the same as above. What is the name and citation of the case that answers the question. Which is the better source and why? Case Law Searching (use any source) 34. For each California case provide the missing piece of official citation (Cal. or Cal. App.), including the year. a. In an action brought by plaintiff, a stylist, against defendant, a television personality, for defamation and other torts, the trial court's order denying defendant's motion to strike plaintiff's complaint under the anti-SLAPP statute was affirmed b. Judgment for defendants on plaintiff's claim that defendants were vicariously liable under Government Code section 815.2 for false imprisonment by sheriff's deputies, after he was held in custody for 11 days pursuant to a bench warrant issued for another person, was reversed and remanded, where a county can be held vicariously liable for false imprisonment by county employ. 5