NALA Legal Research & Citation Methods 5 — Questions and Answers
Question 1: 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:
- Read every case citing the state constitution
- Use the annotated version of the statute, which lists cases interpreting each section (Correct answer)
- Search the Code of Federal Regulations for guidance
- Review the state administrative code
Correct 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.
Question 2: Which citation signal means that the cited source directly states the proposition for which it is cited, without needing any inference?
- See
- Cf.
- No signal (no introductory signal used) (Correct answer)
- See generally
Correct answer: No signal (no introductory signal used)
Under the Bluebook, using no introductory signal indicates that the cited authority directly supports the stated proposition.
Question 3: The principle of stare decisis requires courts to:
- Follow the holdings of courts in foreign jurisdictions
- Follow precedent established by higher courts in the same jurisdiction (Correct answer)
- Apply regulations enacted after a case is filed
- Defer to secondary sources when primary sources conflict
Correct 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.
Question 4: Which research tool would be most appropriate for finding the legislative history of a federal statute enacted in 2010?
- Code of Federal Regulations
- ProQuest Congressional or HeinOnline U.S. Congressional Documents (Correct answer)
- Federal Reporter, Third Series
- American Jurisprudence 2d
Correct 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.
Question 5: When citing a case for the first time in a legal memorandum, Bluebook practitioner format requires including:
- Only the case name and year
- The full case name, volume, reporter, first page, pincite, court, and year (Correct answer)
- The docket number and filing date
- Only the official reporter citation
Correct 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.
Question 6: 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:
- Irrelevant because it predates the client's situation
- Binding on the panel unless the court sits en banc and overrules it (Correct answer)
- Only persuasive because it is not from the U.S. Supreme Court
- Binding only if it has been cited in five or more subsequent opinions
Correct 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.
Question 7: Which of the following is an example of a 'primary source' of law?
- A law review article analyzing contract doctrine
- A state supreme court opinion (Correct answer)
- A legal encyclopedia entry on torts
- A Continuing Legal Education (CLE) seminar outline
Correct 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.
NALA Legal Research & Citation Methods 5
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: