Legal Research Flashcards

Which of the following is a primary source of law in New York?

Answer: Case law from New York courts

Primary sources of law are binding authorities that courts must follow, such as constitutions, statutes, and judicial opinions (case law). Legal encyclopedias, law review articles, and secondary textbooks are secondary sources, which explain or analyze the law but are not binding themselves. Therefore, case law directly from New York courts is a primary and authoritative source.

What is the purpose of a legal citation?

Answer: To identify the source of legal information and enable retrieval

A legal citation serves as a standardized reference system, providing all the necessary information to locate a specific legal document, such as a case, statute, or article. This allows researchers and courts to easily verify the authority and content of the cited material. The primary purpose is to identify the source precisely and enable its retrieval for verification and further research.

In legal research, what is the significance of Shepardizing a case?

Answer: To check the subsequent history and treatment of a case

Shepardizing (or KeyCiting on Westlaw) is a crucial step in legal research used to determine if a case is still good law. It reveals whether the case has been affirmed, reversed, modified, or criticized by subsequent courts, and identifies other cases or secondary sources that have cited it. This process ensures that the legal authority being relied upon remains valid and persuasive.

Which database would you primarily use to find recent statutes enacted in New York?

Answer: New York State Legislature website

While Westlaw and LexisNexis are comprehensive legal databases, the most direct and often most up-to-date source for recently enacted statutes is the official website of the legislative body itself. The New York State Legislature website provides direct access to bills, session laws, and codified statutes as soon as they are passed and signed into law. This ensures access to the very latest legislative changes.

Which of the following is NOT typically included in a case brief?

Answer: The case’s editorial comments

A case brief is a summary and analysis of a judicial opinion, prepared by a legal researcher to understand the case's key elements. It typically includes the facts, procedural history, issues, holding, and the court's reasoning. Editorial comments, which are external analyses or annotations provided by legal publishers, are not part of the court's actual opinion and thus are not included in a standard case brief.