Law Firm Legal Research and Writing

Question 1

What is 'primary authority' in legal research?

Accepted Answer

The law itself, including constitutions, statutes, regulations, and case law

Answer

Law review articles and treatises written by legal scholars

Answer

Legal encyclopedias such as Am. Jur. and C.J.S.

Answer

Secondary sources that explain or interpret the law

Question 2

What is the purpose of a 'case brief' in legal practice?

Accepted Answer

A concise summary of a court opinion including facts, issues, holding, and reasoning

Answer

A document filed with the court to argue a legal position

Answer

A letter to a client summarizing the status of their case

Answer

A checklist of tasks to complete before trial

Question 3

What does it mean to 'Shepardize' a case?

Accepted Answer

To check whether a case is still good law using Shepard's Citations on Lexis

Answer

To summarize a case into a brief format

Answer

To submit a case citation to opposing counsel for verification

Answer

To find all cases that cite the same statute as a precedent

Question 4

What is the Westlaw equivalent of Shepardizing a case?

Accepted Answer

KeyCite

Answer

WestCheck

Answer

CiteVerify

Answer

LegalTrack

Question 5

What is a 'memorandum of law' used for internally at a law firm?

Accepted Answer

To objectively analyze a legal issue and provide an attorney with a thorough assessment of the law

Answer

To persuade a judge to rule in the client's favor

Answer

To summarize settlement negotiations for the client file

Answer

To record billing time for research performed

Question 6

What is 'secondary authority' in legal research?

Accepted Answer

Sources that explain, summarize, or analyze the law such as treatises, law reviews, and legal encyclopedias

Answer

Court decisions from lower courts that have been appealed

Answer

Statutes that have been superseded by later legislation

Answer

Federal regulations that have not yet been codified in the CFR