Legal Research & Writing Flashcards

What is the primary purpose of legal research?

Answer: To find relevant case laws and statutes

The primary purpose of legal research is to systematically locate and analyze the authoritative legal sources—such as statutes enacted by legislatures and case law established by judicial decisions—that apply to a specific legal issue. This process enables legal professionals to understand the governing law, advise clients accurately, and build strong legal arguments. It is foundational to legal practice.

What is a primary source of law in legal research?

Answer: Case law

Primary sources of law are the actual binding legal authorities that courts must follow, which include constitutions, statutes, regulations, and judicial opinions (case law). Case law, derived from court decisions, sets precedents that guide future rulings. Legal textbooks and law review articles are secondary sources, offering commentary on the law but not being the law itself.

What is the purpose of a legal brief?

Answer: To outline the legal arguments and case facts

A legal brief is a formal written document submitted to a court by an attorney, presenting the factual background of a case, the relevant legal principles, and the arguments supporting their client's position. Its purpose is to persuade the court to rule in a particular way by clearly articulating the legal reasoning and application of law to the facts. It is a core document in appellate and motion practice.

What does 'Stare Decisis' refer to in legal research?

Answer: Following previous court decisions

'Stare Decisis' is a Latin phrase meaning 'to stand by things decided,' and it is a fundamental principle in common law systems. It dictates that courts should generally adhere to precedents established by prior judicial decisions when ruling on similar cases. This principle ensures consistency, predictability, and fairness in the application of the law.

What is the role of secondary sources in legal research?

Answer: They summarize and explain the law

Secondary sources in legal research, such as legal encyclopedias, treatises, law review articles, and legal dictionaries, provide commentary, analysis, and summaries of primary law. While not binding authority themselves, they are invaluable tools for understanding complex legal concepts, identifying relevant primary sources, and gaining an overview of a legal topic. They help researchers efficiently navigate the law.

What is the purpose of a case citation in legal research?

Answer: To reference and locate a specific case

A case citation acts as a unique identifier for a specific legal case. It provides all the necessary information, such as the parties involved, the volume and page number of the reporter where the case is published, and the court and year, allowing legal professionals to efficiently find and review the full text of the judicial opinion. This system ensures that legal research is precise and that specific precedents can be easily accessed and verified.

How do legal researchers use statutes?

Answer: To identify legal rights and obligations

Statutes are written laws enacted by legislative bodies, such as Congress or state legislatures. Legal researchers use statutes as primary sources of law to determine what actions are legally permissible or prohibited, and to define the rights and duties of individuals and entities within a specific jurisdiction. They provide the foundational legal framework for many areas of law, guiding how individuals and organizations must behave.

What is the function of a legal memorandum?

Answer: To analyze legal issues and suggest recommendations

A legal memorandum is an internal document prepared for an attorney or other legal professional. Its primary function is to thoroughly analyze a specific legal problem, apply relevant law to the facts, and provide an objective assessment of the legal issues, often concluding with recommendations for a course of action. It serves as a comprehensive research tool to inform legal strategy and decision-making.

What is the role of an appellate brief in legal research?

Answer: To present legal arguments for appealing a decision

An appellate brief is a formal written argument submitted to an appellate court by a party seeking to overturn or uphold a lower court's decision. Its role is to meticulously present legal arguments, supported by citations to statutes, case law, and the record, explaining why the lower court's ruling should be reversed, affirmed, or modified. It is a crucial document in the appellate process, designed to persuade the higher court.