Legal Research & Citation Methods Flashcards
6 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 6 Legal Research & Citation Methods flashcards as text
What is secondary authority in legal research and when is it most useful?
Answer: Sources that analyze or explain the law (treatises, law reviews, legal encyclopedias), most useful when starting research on an unfamiliar topic
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.
What does 'stare decisis' mean and why is it important for legal research?
Answer: The doctrine that courts should follow precedent established by prior decisions, making case law research essential
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.
What is a Boolean search in legal database research?
Answer: A search using logical connectors like AND, OR, and NOT to combine or exclude search terms
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.
What is the Key Number System used in Westlaw?
Answer: A classification system that organizes legal topics and subtopics with assigned numbers for efficient research
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.
What is the difference between mandatory and persuasive authority?
Answer: Mandatory authority must be followed by a court; persuasive authority may be considered but is not binding
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.
What is an annotated code and why is it valuable for legal research?
Answer: A statutory code that includes references to cases, regulations, and secondary sources that interpret each statute
Annotated codes supplement statutory text with case annotations, cross-references to regulations, historical notes, and references to secondary sources, making them an essential starting point for statutory research.