CO Bar Legal Research 3 — Questions and Answers
Question 1: An attorney needs the legislative history of a recent Colorado statute. Which source is most useful?
- Audio recordings and journals of Colorado General Assembly committee hearings (Correct answer)
- The Code of Colorado Regulations
- The Pacific Reporter
- Shepard's Citations
Correct answer: Audio recordings and journals of Colorado General Assembly committee hearings
Colorado legislative history is found in General Assembly committee hearing recordings, journals, and bill files rather than in reporters or regulations.
Question 2: Session laws enacted by the Colorado General Assembly are published chronologically in:
- Session Laws of Colorado (Correct answer)
- Colorado Revised Statutes
- Colorado Register
- Colorado Lawyer
Correct answer: Session Laws of Colorado
New enactments appear chronologically in the Session Laws of Colorado before being codified into the C.R.S.
Question 3: A Colorado trial court is faced with conflicting decisions from two divisions of the Colorado Court of Appeals. What is true?
- Neither division binds the other, so the trial court may follow the more persuasive decision (Correct answer)
- The earlier decision automatically controls
- The later decision automatically controls
- The trial court must certify the question to the U.S. Supreme Court
Correct answer: Neither division binds the other, so the trial court may follow the more persuasive decision
Divisions of the Colorado Court of Appeals do not bind one another, so a trial court may choose the reasoning it finds more persuasive.
Question 4: Which research tool organizes case law by topic using numbered subject classifications?
- West Key Number System (Correct answer)
- Popular name table
- Parallel citation table
- Words and Phrases index
Correct answer: West Key Number System
West's Key Number System assigns topics and numbered subdivisions to points of law, letting researchers find cases by subject.
Question 5: When a Colorado statute and a Colorado Supreme Court common-law rule conflict on the same issue, which controls?
- The statute, unless it is unconstitutional (Correct answer)
- The common-law rule always controls
- The older authority controls
- The court rule controls
Correct answer: The statute, unless it is unconstitutional
A valid statute enacted by the legislature supersedes conflicting common law.
Question 6: A researcher wants proposed Colorado agency rules and rulemaking notices. The best source is:
- The Colorado Register (Correct answer)
- The Pacific Reporter
- The Colorado Court of Appeals docket
- The Session Laws of Colorado
Correct answer: The Colorado Register
The Colorado Register, published by the Secretary of State, contains notices of proposed rulemaking and newly adopted rules.
Question 7: Which of the following is the official free public source for Colorado appellate opinions?
- The Colorado Judicial Branch website (Correct answer)
- Westlaw
- Lexis+
- Bloomberg Law
Correct answer: The Colorado Judicial Branch website
The Colorado Judicial Branch posts Supreme Court and Court of Appeals opinions online at no cost, unlike commercial databases.
CO Bar Legal Research 3
An attorney needs the legislative history of a recent Colorado statute.
Which source is most useful?