Legal Research & Writing Flashcards

A paralegal drafting an objective legal memorandum discovers case law that strongly disfavors the client's position. The appropriate action is to:

Answer: Include and honestly analyze the unfavorable authority while distinguishing it where possible

An objective memorandum must include adverse authority so the supervising attorney can assess risk and advise the client accurately; omitting it would be misleading and professionally improper.

In Bluebook citation format, a parenthetical following a case citation is used to:

Answer: Provide brief explanatory information about why the case is cited

Explanatory parentheticals following case citations provide the reader with context about a case's relevance, such as a key quote or the specific proposition the case supports.

A 'string citation' in legal writing refers to:

Answer: Citing several authorities consecutively to support a single legal proposition

A string citation is a list of multiple authorities cited together after a single proposition, demonstrating that several sources support the stated rule or principle.

When conducting statutory research, a 'sunset provision' within a statute means:

Answer: The statute will automatically expire on a specified future date unless renewed

A sunset provision specifies a date on which the law will automatically expire or cease to have effect unless the legislature takes affirmative action to extend it.

Which research strategy is most efficient when a paralegal needs to quickly find the leading case on a novel legal issue in an unfamiliar area of law?

Answer: Starting with a secondary source such as a treatise or legal encyclopedia to gain context and find key citations

Beginning research with secondary sources like treatises or Am. Jur. 2d provides doctrinal context, identifies key terminology, and leads directly to the leading primary authorities.

The 'active voice' is preferred in legal writing because it:

Answer: Produces clearer, more direct sentences that identify who is acting

Active voice constructions (subject-verb-object) are clearer and more direct than passive voice, making it immediately apparent who is performing which action — critical in legal documents where responsibility matters.

A court's 'en banc' decision carries greater precedential weight than a panel decision because:

Answer: An en banc decision represents the view of the full appellate court and may overrule prior panel decisions

An en banc decision, issued by the full court rather than a three-judge panel, carries greater authority and can overrule conflicting prior panel decisions within the same circuit.