Legal Research & Writing Flashcards

Which resource would a paralegal use to find the legislative history of a California statute?

Answer: California Legislative Counsel's Digest and Senate/Assembly committee reports

California legislative history is found through the Legislative Counsel's Digest and committee reports published during the bill's passage.

A point heading in a legal brief serves which primary purpose?

Answer: To assert the legal conclusion the court should reach on that issue

Point headings are persuasive assertions stating the legal conclusion argued in each section of a brief.

In California, the California Code of Regulations (CCR) contains:

Answer: Rules and regulations adopted by California state agencies

The CCR codifies administrative regulations promulgated by California state agencies pursuant to statutory authority.

When a court cites a case 'with approval,' it typically means:

Answer: The court agreed with and adopted the reasoning of the cited case

Citing with approval means the citing court endorses and follows the reasoning or holding of the cited case.

Which type of legal document is used to request a court to take a specific action before or during litigation?

Answer: Motion

A motion is a formal request to the court asking it to issue an order or rule on a specific legal issue.

The California Supreme Court's decisions are binding on which courts?

Answer: All lower California state courts

The California Supreme Court is the highest state court and its decisions are mandatory authority for all California Courts of Appeal and Superior Courts.

In legal research, 'secondary authority' is best described as:

Answer: Commentary and analysis written by legal scholars to explain or interpret the law

Secondary authority includes treatises, law review articles, and legal encyclopedias that explain and analyze primary law but are not themselves law.