CP Legal Research & Writing 2 — Questions and Answers
Question 1: Which citation format is required by the California Style Manual for California state court documents?
- Bluebook format only
- California Style Manual format (Correct answer)
- ALWD Guide format
- APA citation format
Correct answer: California Style Manual format
California state courts require the California Style Manual format, while federal courts typically use the Bluebook.
Question 2: When using Westlaw's KeyCite, a red flag on a case indicates:
- The case has been cited frequently
- The case is still good law
- The case has been overruled or reversed (Correct answer)
- The case is from a foreign jurisdiction
Correct answer: The case has been overruled or reversed
A red flag in KeyCite means the case has been negatively treated — overruled, reversed, or heavily criticized.
Question 3: A paralegal drafting a legal memorandum should place the IRAC analysis in which section?
- Introduction
- Statement of Facts
- Discussion (Correct answer)
- Conclusion
Correct answer: Discussion
The Discussion section of a legal memo contains the IRAC (Issue, Rule, Analysis, Conclusion) analysis of each legal issue.
Question 4: Which of the following is an example of primary authority in California legal research?
- A law review article analyzing a statute
- The California Jury Instructions (CACI)
- A California Supreme Court opinion (Correct answer)
- A Witkin treatise on California procedure
Correct answer: A California Supreme Court opinion
A California Supreme Court opinion is primary authority because it is actual law created by a governmental body.
Question 5: When Shepardizing a case in Lexis, what does a yellow triangle warning signal mean?
- The case has been overruled entirely
- The case has been distinguished or has some negative treatment (Correct answer)
- The case is from another state
- The case has never been cited
Correct answer: The case has been distinguished or has some negative treatment
A yellow triangle in Shepard's indicates the case has some negative treatment, such as being distinguished, but has not been overruled.
Question 6: The official codification of California statutes is found in:
- United States Code Annotated
- California Code of Regulations
- California Codes (e.g., Civil Code, Penal Code) (Correct answer)
- California Register
Correct answer: California Codes (e.g., Civil Code, Penal Code)
California's statutory law is organized into subject-matter codes such as the Civil Code, Penal Code, and Code of Civil Procedure.
Question 7: In legal writing, 'active voice' is preferred over 'passive voice' primarily because it:
- Makes sentences longer and more detailed
- Clearly identifies who is performing the action (Correct answer)
- Avoids the need for citations
- Complies with court formatting rules
Correct answer: Clearly identifies who is performing the action
Active voice makes the actor of a sentence clear and direct, improving readability and persuasive impact in legal documents.
CP Legal Research & Writing 2
Which citation format is required by the California Style Manual for California state court documents?