Legal Research & Writing Flashcards
7 cards from real ACP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Legal Research & Writing flashcards as text
Which Shepard's signal in LexisNexis indicates that a case has received some negative treatment but has NOT been overruled?
Answer: Yellow triangle (caution)
A yellow triangle (caution signal) in LexisNexis Shepard's indicates that a case has received some negative treatment such as being distinguished or criticized, but has not been overruled.
An executive agency's formal rules published in the Code of Federal Regulations (CFR) are an example of:
Answer: Administrative law
The CFR contains rules and regulations promulgated by federal executive agencies pursuant to authority delegated by Congress, which is the domain of administrative law.
In a legal memorandum, the 'Discussion' section differs from the 'Conclusion' in that the Discussion:
Answer: Analyzes the law and applies it to the specific facts in detail
The Discussion section provides the full legal analysis — stating the rule, explaining how courts have applied it, and applying it to the client's facts — while the Conclusion gives a concise answer.
When researching a state law issue, which source should a paralegal consult to find the most current version of a state statute?
Answer: All of the above may be appropriate depending on currency needs
Each source has value: session laws reflect the most recent enactments, annotated codes provide case annotations, and official codes represent the authoritative text — the best practice is to verify currency using multiple sources.
The term 'persuasive authority' in legal research refers to:
Answer: Cases or other sources a court may consider but is not required to follow
Persuasive authority includes cases from other jurisdictions, lower court decisions, and secondary sources that a court may find convincing but is not obligated to follow.
Which of the following best describes the purpose of a 'point heading' in a legal brief?
Answer: To provide a concise, argumentative statement summarizing the argument in that section
Point headings are concise, argumentative sentences that tell the court exactly what the writer is arguing in each section, serving as a roadmap for the judge.
Under the Federal Rules of Civil Procedure, a legal memorandum supporting a motion to dismiss for failure to state a claim must address which standard?
Answer: The plausibility pleading standard from Twombly and Iqbal
Following Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, a complaint must plead enough facts to state a plausible claim for relief, not merely a conceivable one.