ACP Legal Research & Writing 3

Question 1

Which Shepard's signal in LexisNexis indicates that a case has received some negative treatment but has NOT been overruled?

Accepted Answer

Yellow triangle (caution)

Answer

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:

Accepted Answer

Administrative law

Answer

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:

Accepted Answer

Analyzes the law and applies it to the specific facts in detail

Answer

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?

Accepted Answer

All of the above may be appropriate depending on currency needs

Answer

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:

Accepted Answer

Cases or other sources a court may consider but is not required to follow

Answer

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.

(ACP) Advanced Certified Paralegal Practice Test

(ACP) Advanced Certified Paralegal Practice Test

ACP Legal Research & Writing 3