Legal Research & Writing Flashcards

Which element of a case citation indicates the volume number in a standard legal citation?

Answer: The number immediately before the reporter abbreviation

In a standard legal citation, the volume number appears immediately before the reporter abbreviation (e.g., '42 F.3d 100').

A legal assistant is Shepardizing a case. What is the primary purpose of this process?

Answer: To verify the case is still good law and find citing references

Shepardizing a case verifies whether it remains valid precedent and identifies subsequent cases that have cited it.

Which type of legal authority carries the greatest weight in a jurisdiction?

Answer: Mandatory primary authority from the same jurisdiction

Mandatory primary authority—such as statutes and binding court decisions from within the same jurisdiction—carries the greatest legal weight.

When writing a legal memorandum, the 'Discussion' section should primarily:

Answer: Apply relevant law to the facts and analyze all sides objectively

The Discussion section objectively applies the applicable law to the facts, analyzing strengths and weaknesses of all relevant arguments.

What does the term 'dicta' (obiter dictum) refer to in a judicial opinion?

Answer: Language in an opinion that is incidental and not essential to the decision

Obiter dictum refers to statements in a judicial opinion that are not essential to the holding and therefore not binding precedent.

Which research database is specifically designed for legal research and provides access to case law, statutes, and secondary sources?

Answer: LexisNexis

LexisNexis is a comprehensive legal research database offering access to case law, statutes, regulations, and secondary legal sources.

In a persuasive legal brief, the 'Statement of the Case' section should:

Answer: Present facts accurately but in a light favorable to the client

In a persuasive brief, the Statement of the Case presents the facts accurately while framing them in the most favorable light for the client.