NALA Legal Research & Writing 2

Question 1

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

Accepted Answer

The number immediately before the reporter abbreviation

Answer

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?

Accepted Answer

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

Answer

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?

Accepted Answer

Mandatory primary authority from the same jurisdiction

Answer

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:

Accepted Answer

Apply relevant law to the facts and analyze all sides objectively

Answer

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?

Accepted Answer

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

Answer

Obiter dictum refers to statements in a judicial opinion that are not essential to the holding and therefore not binding precedent.

(NALA) National Association of Legal Assistants Certification Practice Test