CP Legal Research & Writing 3 — Questions and Answers
Question 1: Which resource would a paralegal use to find the legislative history of a California statute?
- Restatements of Law
- California Legislative Counsel's Digest and Senate/Assembly committee reports (Correct answer)
- Federal Register
- California Jury Instructions (CACI)
Correct 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.
Question 2: A point heading in a legal brief serves which primary purpose?
- To summarize the facts of the case
- To assert the legal conclusion the court should reach on that issue (Correct answer)
- To list all cited authorities
- To introduce the parties to the court
Correct 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.
Question 3: In California, the California Code of Regulations (CCR) contains:
- Opinions from the California Court of Appeal
- Rules and regulations adopted by California state agencies (Correct answer)
- Local ordinances from California cities
- California Supreme Court rules only
Correct answer: Rules and regulations adopted by California state agencies
The CCR codifies administrative regulations promulgated by California state agencies pursuant to statutory authority.
Question 4: When a court cites a case 'with approval,' it typically means:
- The court reversed the earlier decision
- The court agreed with and adopted the reasoning of the cited case (Correct answer)
- The court distinguished the cited case on different facts
- The case is no longer good law
Correct 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.
Question 5: Which type of legal document is used to request a court to take a specific action before or during litigation?
- Legal memorandum
- Motion (Correct answer)
- Complaint
- Answer
Correct answer: Motion
A motion is a formal request to the court asking it to issue an order or rule on a specific legal issue.
Question 6: The California Supreme Court's decisions are binding on which courts?
- Only other California Supreme Court panels
- All lower California state courts (Correct answer)
- Federal district courts in California
- Courts in all 50 states
Correct 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.
Question 7: In legal research, 'secondary authority' is best described as:
- Statutes enacted by a state legislature
- Regulations issued by federal agencies
- Commentary and analysis written by legal scholars to explain or interpret the law (Correct answer)
- Decisions from a court of last resort
Correct 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.
CP Legal Research & Writing 3
Which resource would a paralegal use to find the legislative history of a California statute?