NALA Legal Research & Writing 1 — Questions and Answers
Question 1: What is the primary purpose of legal research?
- To gather opinions from clients.
- To fill out court documents without oversight.
- To locate and interpret relevant laws and legal precedents (Correct answer)
- To create fictional legal scenarios.
Correct answer: To locate and interpret relevant laws and legal precedents
The primary purpose of legal research is to systematically find and understand the laws, regulations, and previous court decisions (precedents) that apply to a specific legal issue. This process allows legal professionals to build strong arguments, advise clients accurately, and ensure compliance with the legal framework. It is foundational to effective legal practice.
Question 2: Which source is considered primary authority in legal research?
- Legal encyclopedias.
- Law review articles.
- Court decisions and statutes (Correct answer)
- Practice guides.
Correct answer: Court decisions and statutes
Primary authority in legal research refers to the actual law itself, which is binding on courts. This includes statutes (laws passed by legislative bodies) and court decisions (case law) that establish legal precedents. Secondary sources like legal encyclopedias or law review articles analyze and explain the law, but are not the law itself.
Question 3: What is the correct structure for a legal memorandum?
- Greeting, summary, references.
- Heading, issue, facts, discussion, conclusion (Correct answer)
- Introduction, story, epilogue.
- Facts only.
Correct answer: Heading, issue, facts, discussion, conclusion
A legal memorandum follows a standardized structure to clearly and concisely present a legal analysis. This structure typically includes a formal heading, a statement of the legal issue(s) to be addressed, a summary of the relevant facts, a detailed discussion applying the law to the facts, and a concluding recommendation or answer to the issue. This format ensures clarity and logical flow for the reader.
Question 4: Which database is widely used for online legal research?
- WordPress.
- Google Scholar only.
- Westlaw and LexisNexis (Correct answer)
- Wikipedia.
Correct answer: Westlaw and LexisNexis
Westlaw and LexisNexis are the two leading commercial databases specifically designed for comprehensive legal research. They provide extensive access to statutes, case law, regulations, and secondary sources, offering advanced search functionalities and tools essential for legal professionals to conduct thorough and accurate research.
Question 5: What is the role of citations in legal writing?
- To make the document longer.
- To confuse opposing counsel.
- To properly credit legal sources and support arguments (Correct answer)
- To create hyperlinks.
Correct answer: To properly credit legal sources and support arguments
Citations are fundamental in legal writing because they provide authority for legal statements and arguments. They allow readers, including judges and opposing counsel, to verify the sources of law and facts. This practice ensures transparency, credibility, and adherence to professional legal standards, supporting the validity of the arguments presented.
Question 6: What is 'shepardizing' a case?
- Summarizing the case facts.
- Verifying the case's precedential value (Correct answer)
- Memorizing the judge's opinion.
- Printing a hard copy of the case.
Correct answer: Verifying the case's precedential value
'Shepardizing' (or KeyCiting on Westlaw) is the process of using a citator service to determine the current precedential value of a case. It reveals if the case has been affirmed, reversed, overruled, or cited by subsequent cases. This step is crucial for ensuring that the legal authority being relied upon is still good law and has not been negatively impacted by later decisions.
Question 7: Which part of a case brief outlines the court's legal reasoning?
- Facts.
- Issue.
- Holding.
- Reasoning (Correct answer)
Correct answer: Reasoning
In a case brief, the 'Reasoning' section explains the court's rationale for its decision. It details how the court applied relevant legal principles to the specific facts of the case, outlining the logical steps and legal analysis that led to the ultimate holding. This section is crucial for understanding the court's thought process and the legal precedent established.
Question 8: Which writing style is typically used in legal documents?
- Informal and narrative.
- Casual with idioms.
- Formal and objective (Correct answer)
- First-person perspective.
Correct answer: Formal and objective
Legal documents require a formal and objective writing style to ensure clarity, precision, and impartiality. This style avoids slang, personal opinions, and emotional language, focusing instead on presenting facts and legal arguments in a professional and authoritative manner. Such formality is essential for maintaining the credibility and seriousness of legal communications.
Question 9: What does IRAC stand for in legal writing?
- Issue, Resolution, Action, Code.
- Information, Record, Apply, Conclude.
- Issue, Rule, Application, Conclusion (Correct answer)
- Identify, Reflect, Argue, Close.
Correct answer: Issue, Rule, Application, Conclusion
IRAC stands for Issue, Rule, Application, Conclusion, and is a widely used organizational framework in legal analysis and writing. It structures legal arguments by first stating the legal Issue, then identifying the relevant legal Rule, applying that Rule to the specific facts of the case (Application), and finally reaching a logical Conclusion. This method ensures a clear and systematic approach to legal problem-solving.
NALA Legal Research & Writing 1
What is the primary purpose of legal research?