ACP Legal Research & Writing 3 — Questions and Answers
Question 1: Which Shepard's signal in LexisNexis indicates that a case has received some negative treatment but has NOT been overruled?
- Red stop sign
- Yellow triangle (caution) (Correct answer)
- Green diamond
- Blue circle
Correct 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.
Question 2: An executive agency's formal rules published in the Code of Federal Regulations (CFR) are an example of:
- Constitutional law
- Statutory law
- Administrative law (Correct answer)
- Common law
Correct 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.
Question 3: In a legal memorandum, the 'Discussion' section differs from the 'Conclusion' in that the Discussion:
- Provides a brief answer to the legal question posed
- Analyzes the law and applies it to the specific facts in detail (Correct answer)
- Lists the sources consulted during research
- Summarizes the client's position without analysis
Correct 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.
Question 4: When researching a state law issue, which source should a paralegal consult to find the most current version of a state statute?
- The session laws published after each legislative session
- The annotated code published by a commercial publisher
- The official state code maintained by the state legislature
- All of the above may be appropriate depending on currency needs (Correct answer)
Correct 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.
Question 5: The term 'persuasive authority' in legal research refers to:
- Binding precedent from the highest court in the jurisdiction
- Authority that a court must follow regardless of its merits
- Cases or other sources a court may consider but is not required to follow (Correct answer)
- The most recent statutory enactment on a topic
Correct 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.
Question 6: Which of the following best describes the purpose of a 'point heading' in a legal brief?
- To identify the parties and case number at the top of each page
- To provide a concise, argumentative statement summarizing the argument in that section (Correct answer)
- To list the authorities cited in that portion of the brief
- To state the procedural history of the case
Correct 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.
Question 7: 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?
- The preponderance of evidence standard
- The clear and convincing evidence standard
- The plausibility pleading standard from Twombly and Iqbal (Correct answer)
- The beyond a reasonable doubt standard
Correct 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.
ACP Legal Research & Writing 3
Which Shepard's signal in LexisNexis indicates that a case has received some negative treatment but has NOT been overruled?