Legal Research & Writing Flashcards

Which part of a reported court opinion sets out the procedural history and facts as presented by the court reporter or editor, and is NOT written by the judge?

Answer: The syllabus or headnote

Headnotes and syllabi are written by the reporter or publisher, not the judge, and are not part of the binding opinion.

A paralegal is drafting a demand letter. Which tone is most appropriate?

Answer: Professional, firm, and factual while clearly stating the legal position

A demand letter should be professional, firm, and factual, clearly stating the client's legal position and the relief sought.

When performing statutory research, what is the best primary source to determine current codified federal law?

Answer: The United States Code (U.S.C.)

The United States Code is the official codification of federal statutes organized by subject matter and represents current law.

Under the doctrine of stare decisis, lower courts are bound by:

Answer: Decisions of higher courts within the same jurisdiction

Stare decisis requires lower courts to follow precedent set by higher courts within the same jurisdiction.

Which citation signal indicates that the cited authority directly states the proposition for which it is cited?

Answer: No signal (no introductory signal used)

When a source directly states the proposition cited, Bluebook convention is to use no introductory signal.

What is the main distinction between a 'brief' filed with a court and an internal legal memorandum?

Answer: A brief is persuasive advocacy; a memo is objective analysis

A court brief is a persuasive document advocating a client's position, while an internal memo objectively analyzes the law and facts.

When Westlaw's KeyCite shows a red flag on a case, this means:

Answer: The case has been overruled or negatively treated by subsequent authority

A red flag in KeyCite warns that the case has been overruled or significantly negatively treated and may not be valid authority.