Legal Research & Investigation Techniques Flashcards

What is the first step in conducting a legal investigation?

Answer: Identifying the legal issue

Before any investigative steps can be taken, a legal investigator must clearly understand the core legal problem or question that needs to be answered. Identifying the legal issue guides the entire investigation, determining what information is relevant, what evidence needs to be collected, and which laws or precedents apply. Without this initial clarity, the investigation would lack focus and efficiency.

Which of the following is a primary source of law?

Answer: Case law

Primary sources of law are original, authoritative statements of law, such as constitutions, statutes, regulations, and judicial opinions. Case law, specifically, comprises the body of legal principles established by courts in their decisions. It is a primary source because it directly creates legal precedent that lower courts must follow, unlike secondary sources which analyze or summarize the law.

What tool is commonly used to find legal precedents?

Answer: Westlaw

Westlaw is a prominent online legal research service widely used by legal professionals to find statutes, regulations, and especially case law. It provides access to an extensive database of judicial opinions, allowing users to search for and analyze legal precedents relevant to their specific legal issues. This tool is essential for comprehensive and efficient legal research.

Which document provides detailed facts and arguments in legal research?

Answer: Legal memorandum

A legal memorandum is a written analysis of a legal problem, providing detailed facts, legal arguments, and conclusions based on thorough legal research. It serves to inform attorneys about the applicable law and how it applies to a specific set of facts, often including a discussion of precedents and statutes. This document is crucial for internal legal analysis and strategy development.

Which method is used to verify the validity of a case law?

Answer: Shepardizing

Shepardizing is a crucial process in legal research that involves checking the subsequent history and treatment of a case or statute. This process, often done through services like Shepard's Citations, determines if a legal authority has been affirmed, reversed, overruled, or cited by later cases. It ensures that the legal authority being relied upon is still valid and good law.

Which source would you use to find federal regulations?

Answer: CFR

The Code of Federal Regulations (CFR) is the codification of the general and permanent rules and regulations published in the Federal Register by the executive departments and agencies of the federal government. It is the definitive source for finding federal administrative regulations. The CFR organizes these rules by subject matter, making them accessible for legal research.

What is chain of custody in legal investigations?

Answer: A record of evidence handling

Chain of custody refers to the chronological documentation or paper trail that records the sequence of custody, control, transfer, analysis, and disposition of physical or electronic evidence. Maintaining a strict chain of custody is vital in legal investigations to ensure the integrity and admissibility of evidence in court. It proves that the evidence has not been tampered with or altered from the time it was collected.

What is the purpose of a deposition?

Answer: Obtain sworn testimony

A deposition is a formal, out-of-court sworn testimony of a witness taken before a trial. Its primary purpose is to gather information and evidence from parties or witnesses involved in a lawsuit, allowing attorneys to discover facts, assess witness credibility, and preserve testimony. The testimony is given under oath and recorded, making it legally binding and usable in court.

Which of the following is most important in writing a legal report?

Answer: Accuracy

In legal reporting, accuracy is paramount because legal decisions and outcomes depend on precise and verifiable information. Any inaccuracies can lead to misinterpretations of facts, incorrect legal conclusions, or even ethical violations. A legal report must meticulously reflect the evidence, research, and analysis without error to be reliable and credible in legal proceedings.