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
What is the primary purpose of a 'demand letter' drafted by a paralegal under attorney supervision?
Answer: To notify an opposing party of a legal claim and request specific relief before litigation
A demand letter formally notifies the opposing party of a claim and the relief sought, often as a prerequisite or alternative to filing suit.
Under the California Rules of Court, which document must accompany a motion filed in Superior Court?
Answer: A memorandum of points and authorities supporting the motion
California Rules of Court generally require that a motion be accompanied by a memorandum of points and authorities setting forth the legal basis for the motion.
Which research tool provides the full text of California Attorney General opinions?
Answer: The California Attorney General's official website and commercial legal databases
California AG opinions are available on the Attorney General's official website and through commercial legal research databases like Westlaw and Lexis.
When a statute is ambiguous, California courts may look to extrinsic aids such as:
Answer: Legislative history, including bill analyses and hearing testimony
When statutory language is ambiguous, California courts may consult legislative history — such as committee reports and bill analyses — to determine legislative intent.
Which principle guides the rule that a paralegal must always verify a citation has not been overruled before relying on it?
Answer: The duty to cite only valid, good-law authority
Citing overruled authority can constitute professional misconduct, so paralegals must validate all cited cases through Shepard's or KeyCite.
In legal writing, the 'roadmap paragraph' at the start of the Discussion section serves to:
Answer: Preview the structure of the analysis so the reader knows what issues will be addressed and in what order
A roadmap paragraph orients the reader by briefly identifying the legal issues and the order in which the Discussion will address them.
A California paralegal researching whether a jury instruction accurately states current law should consult:
Answer: CACI (Judicial Council of California Civil Jury Instructions) and supporting case law
CACI provides the official California civil jury instructions with citations to the underlying case law and statutes that define each legal standard.