Legal Research & Writing Flashcards

A federal district court in California is deciding a federal question. Which authority is mandatory for that court?

Answer: Decisions of the Ninth Circuit and the U.S. Supreme Court

Federal district courts are bound by their own circuit's court of appeals and the U.S. Supreme Court on federal questions.

In Westlaw's KeyCite, what does a red flag on a case indicate?

Answer: The case is no longer good law for at least one of its points

A red KeyCite flag warns that the case is no longer good law for at least one point of law.

In Shepard's on Lexis, a yellow triangle signal generally means:

Answer: Possible negative treatment, so caution is warranted

A yellow triangle signals possible negative treatment, such as being limited or criticized.

How should an attorney treat the Restatement (Second) of Torts when a state's highest court has not adopted the relevant section?

Answer: As persuasive secondary authority

Restatements are secondary sources that are persuasive unless a court has adopted a section as its law.

A statement in a judicial opinion that was not necessary to resolve the case is best described as:

Answer: Obiter dictum

Dicta are remarks unnecessary to the decision and are not binding precedent.

When researching legislative history to determine congressional intent, which source is generally considered most authoritative?

Answer: Committee reports

Courts usually give committee reports the greatest weight because they reflect the considered views of the drafters.

Where are newly issued final federal agency regulations first published before codification?

Answer: Federal Register

Final rules appear first in the daily Federal Register and are later codified in the CFR.