Legal Research & Citation Methods Flashcards
7 cards from real NALA practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Legal Research & Citation Methods flashcards as text
A legal assistant must find whether a specific section of a state statute has been interpreted by the courts. The most efficient first step is to:
Answer: Use the annotated version of the statute, which lists cases interpreting each section
Annotated codes list judicial decisions, attorney general opinions, and secondary references following each statutory section, making them the fastest starting point for case law interpreting a statute.
Which citation signal means that the cited source directly states the proposition for which it is cited, without needing any inference?
Answer: No signal (no introductory signal used)
Under the Bluebook, using no introductory signal indicates that the cited authority directly supports the stated proposition.
The principle of stare decisis requires courts to:
Answer: Follow precedent established by higher courts in the same jurisdiction
Stare decisis ('to stand by things decided') obligates courts to follow the binding precedent of superior courts within the same judicial hierarchy.
Which research tool would be most appropriate for finding the legislative history of a federal statute enacted in 2010?
Answer: ProQuest Congressional or HeinOnline U.S. Congressional Documents
ProQuest Congressional and HeinOnline compile committee reports, hearing transcripts, and floor debates that form the legislative history of federal statutes.
When citing a case for the first time in a legal memorandum, Bluebook practitioner format requires including:
Answer: The full case name, volume, reporter, first page, pincite, court, and year
A full citation in practitioner documents includes the case name, volume number, reporter abbreviation, first page, pincite, court abbreviation, and year in parentheses.
A legal assistant discovers that a key precedent case was decided by the same appellate court that will hear the current appeal, but the precedent was issued before the client's events occurred. This precedent is:
Answer: Binding on the panel unless the court sits en banc and overrules it
An appellate court's prior panel decisions are binding on subsequent panels of the same court unless overruled by the full court sitting en banc or by a higher court.
Which of the following is an example of a 'primary source' of law?
Answer: A state supreme court opinion
Primary sources are the actual law itself—constitutions, statutes, regulations, and court opinions—as distinguished from secondary sources that discuss or analyze the law.