NALA Legal Research & Writing 2 — Questions and Answers
Question 1: Which element of a case citation indicates the volume number in a standard legal citation?
- The number immediately before the reporter abbreviation (Correct answer)
- The number immediately after the reporter abbreviation
- The number in parentheses at the end
- The number following the party names
Correct 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').
Question 2: A legal assistant is Shepardizing a case. What is the primary purpose of this process?
- To find the original text of the case
- To verify the case is still good law and find citing references (Correct answer)
- To locate the attorney who argued the case
- To determine the judge's background
Correct 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.
Question 3: Which type of legal authority carries the greatest weight in a jurisdiction?
- Secondary authority from the same state
- Mandatory primary authority from the same jurisdiction (Correct answer)
- Persuasive authority from a higher federal court
- Restatements of the Law
Correct 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.
Question 4: When writing a legal memorandum, the 'Discussion' section should primarily:
- State only the client's version of the facts
- Apply relevant law to the facts and analyze all sides objectively (Correct answer)
- Recommend a verdict for the supervising attorney
- Summarize procedural history of the case
Correct 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.
Question 5: What does the term 'dicta' (obiter dictum) refer to in a judicial opinion?
- The court's binding legal holding on the issue presented
- Language in an opinion that is incidental and not essential to the decision (Correct answer)
- A dissenting judge's written opinion
- A summary of facts provided by the parties
Correct 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.
Question 6: Which research database is specifically designed for legal research and provides access to case law, statutes, and secondary sources?
- PubMed
- LexisNexis (Correct answer)
- JSTOR
- ProQuest
Correct answer: LexisNexis
LexisNexis is a comprehensive legal research database offering access to case law, statutes, regulations, and secondary legal sources.
Question 7: In a persuasive legal brief, the 'Statement of the Case' section should:
- Argue the legal merits of each claim
- Present facts in a neutral, unbiased manner only
- Present facts accurately but in a light favorable to the client (Correct answer)
- Include only facts admitted by the opposing party
Correct 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.
NALA Legal Research & Writing 2
Which element of a case citation indicates the volume number in a standard legal citation?