NALA Legal Research & Citation Methods 2 — Questions and Answers
Question 1: What is secondary authority in legal research and when is it most useful?
- Sources that analyze or explain the law (treatises, law reviews, legal encyclopedias), most useful when starting research on an unfamiliar topic (Correct answer)
- Court opinions from lower courts
- Unpublished judicial decisions
- Draft legislation not yet enacted
Correct answer: Sources that analyze or explain the law (treatises, law reviews, legal encyclopedias), most useful when starting research on an unfamiliar topic
Secondary authority includes legal encyclopedias, treatises, law review articles, and Restatements. While not binding, they are valuable for understanding legal concepts and finding primary authority citations.
Question 2: What does 'stare decisis' mean and why is it important for legal research?
- The doctrine that courts should follow precedent established by prior decisions, making case law research essential (Correct answer)
- A Latin term meaning 'start the research'
- A requirement to cite at least three cases in every brief
- A procedure for filing documents with the court
Correct answer: The doctrine that courts should follow precedent established by prior decisions, making case law research essential
Stare decisis ('to stand by things decided') means courts generally follow precedent from higher courts in the same jurisdiction, making it critical for paralegals to find and analyze relevant prior decisions.
Question 3: What is a Boolean search in legal database research?
- A search using logical connectors like AND, OR, and NOT to combine or exclude search terms (Correct answer)
- A search limited to a single court
- A search using only case numbers
- A search that automatically corrects spelling errors
Correct answer: A search using logical connectors like AND, OR, and NOT to combine or exclude search terms
Boolean searching uses logical operators (AND, OR, NOT) and proximity connectors (w/n, /p, /s) to create precise search queries that can narrow or broaden results in legal databases.
Question 4: What is the Key Number System used in Westlaw?
- A classification system that organizes legal topics and subtopics with assigned numbers for efficient research (Correct answer)
- A system for numbering court cases chronologically
- A security code system for accessing confidential documents
- A method for calculating court filing fees
Correct answer: A classification system that organizes legal topics and subtopics with assigned numbers for efficient research
West's Key Number System organizes all American law into over 400 topics, each subdivided into numbered subtopics. Once you find a relevant Key Number, you can find all cases addressing that specific legal point.
Question 5: What is the difference between mandatory and persuasive authority?
- Mandatory authority must be followed by a court; persuasive authority may be considered but is not binding (Correct answer)
- Mandatory authority is always federal; persuasive authority is always state
- Mandatory authority is more recent; persuasive authority is older
- There is no practical difference between the two
Correct answer: Mandatory authority must be followed by a court; persuasive authority may be considered but is not binding
Mandatory (binding) authority comes from higher courts in the same jurisdiction and must be followed. Persuasive authority (other jurisdictions, secondary sources) may influence a court's decision but has no binding force.
Question 6: What is an annotated code and why is it valuable for legal research?
- A statutory code that includes references to cases, regulations, and secondary sources that interpret each statute (Correct answer)
- A code written with explanatory notes in the margins by a judge
- A simplified version of statutes for non-lawyers
- A code that only contains recently enacted legislation
Correct answer: A statutory code that includes references to cases, regulations, and secondary sources that interpret each statute
Annotated codes supplement statutory text with case annotations, cross-references to regulations, historical notes, and references to secondary sources, making them an essential starting point for statutory research.
NALA Legal Research & Citation Methods 2
What is secondary authority in legal research and when is it most useful?