NALA Legal Research & Citation Methods 2

Question 1

What is secondary authority in legal research and when is it most useful?

Accepted Answer

Sources that analyze or explain the law (treatises, law reviews, legal encyclopedias), most useful when starting research on an unfamiliar topic

Answer

Secondary authority includes legal encyclopedias, treatises, law review articles, and Restatements. While not binding, they are valuable for understanding legal concepts and finding primary authority citations.

Question 2

What does 'stare decisis' mean and why is it important for legal research?

Accepted Answer

The doctrine that courts should follow precedent established by prior decisions, making case law research essential

Answer

Stare decisis ('to stand by things decided') means courts generally follow precedent from higher courts in the same jurisdiction, making it critical for paralegals to find and analyze relevant prior decisions.

Question 3

What is a Boolean search in legal database research?

Accepted Answer

A search using logical connectors like AND, OR, and NOT to combine or exclude search terms

Answer

Boolean searching uses logical operators (AND, OR, NOT) and proximity connectors (w/n, /p, /s) to create precise search queries that can narrow or broaden results in legal databases.

Question 4

What is the Key Number System used in Westlaw?

Accepted Answer

A classification system that organizes legal topics and subtopics with assigned numbers for efficient research

Answer

West's Key Number System organizes all American law into over 400 topics, each subdivided into numbered subtopics. Once you find a relevant Key Number, you can find all cases addressing that specific legal point.

Question 5

What is the difference between mandatory and persuasive authority?

Accepted Answer

Mandatory authority must be followed by a court; persuasive authority may be considered but is not binding

Answer

Mandatory (binding) authority comes from higher courts in the same jurisdiction and must be followed. Persuasive authority (other jurisdictions, secondary sources) may influence a court's decision but has no binding force.

(NALA) National Association of Legal Assistants Certification Practice Test

(NALA) National Association of Legal Assistants Certification Practice Test

NALA Legal Research & Citation Methods 2