Legal Research & Writing Flashcards
7 cards from real CP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Legal Research & Writing flashcards as text
A paralegal finds an on-point California Court of Appeal decision from the Second Appellate District. How authoritative is it in the Fourth Appellate District?
Answer: Persuasive authority that may be considered but need not be followed
Decisions from one California Court of Appeal district are persuasive, not mandatory, in other appellate districts.
Which element distinguishes a legal brief from a legal memorandum?
Answer: A brief is persuasive and filed with a court; a memo is objective and for internal use
A brief is an adversarial document filed with a court to persuade, while a memorandum objectively analyzes the law for supervising attorneys.
When using parallel citation in California, a practitioner typically cites:
Answer: Both the official California Reports and an unofficial reporter like West's California Reporter
California practice traditionally requires parallel citation to both the official California Reports and an unofficial reporter such as the California Reporter.
What is the function of a 'string citation' in legal writing?
Answer: To list multiple authorities supporting the same proposition
A string citation lists several cases or authorities in sequence to show that multiple sources support a single legal proposition.
Which of the following best describes the 'plain meaning rule' in statutory interpretation?
Answer: Courts interpret statutes based on the ordinary meaning of the statutory language
The plain meaning rule holds that courts should apply the ordinary, literal meaning of statutory language when it is clear and unambiguous.
A California paralegal researching case law should use Westlaw's 'Key Number System' primarily to:
Answer: Find cases from other jurisdictions on the same legal topic
West's Key Number System organizes legal topics by number, allowing researchers to find cases from any jurisdiction addressing the same legal point.
In a California Superior Court brief, the 'Table of Authorities' typically lists:
Answer: All cases, statutes, and secondary sources cited in the brief with page references
A Table of Authorities lists every authority cited in the brief — cases, statutes, rules, and secondary sources — along with the pages where each appears.