NALA Legal Research & Writing

Question 1

What is the primary purpose of legal research?

Accepted Answer

To locate and interpret relevant laws and legal precedents

Answer

The primary purpose of legal research is to systematically find and understand the laws, regulations, and previous court decisions (precedents) that apply to a specific legal issue. This process allows legal professionals to build strong arguments, advise clients accurately, and ensure compliance with the legal framework. It is foundational to effective legal practice.

Question 2

Which source is considered primary authority in legal research?

Accepted Answer

Court decisions and statutes

Answer

Primary authority in legal research refers to the actual law itself, which is binding on courts. This includes statutes (laws passed by legislative bodies) and court decisions (case law) that establish legal precedents. Secondary sources like legal encyclopedias or law review articles analyze and explain the law, but are not the law itself.

Question 3

What is the correct structure for a legal memorandum?

Accepted Answer

Heading, issue, facts, discussion, conclusion

Answer

A legal memorandum follows a standardized structure to clearly and concisely present a legal analysis. This structure typically includes a formal heading, a statement of the legal issue(s) to be addressed, a summary of the relevant facts, a detailed discussion applying the law to the facts, and a concluding recommendation or answer to the issue. This format ensures clarity and logical flow for the reader.

Question 4

Which database is widely used for online legal research?

Accepted Answer

Westlaw and LexisNexis

Answer

Westlaw and LexisNexis are the two leading commercial databases specifically designed for comprehensive legal research. They provide extensive access to statutes, case law, regulations, and secondary sources, offering advanced search functionalities and tools essential for legal professionals to conduct thorough and accurate research.

Question 5

What is the role of citations in legal writing?

Accepted Answer

To properly credit legal sources and support arguments

Answer

Citations are fundamental in legal writing because they provide authority for legal statements and arguments. They allow readers, including judges and opposing counsel, to verify the sources of law and facts. This practice ensures transparency, credibility, and adherence to professional legal standards, supporting the validity of the arguments presented.

(NALA) National Association of Legal Assistants Certification Practice Test

(NALA) National Association of Legal Assistants Certification Practice Test

NALA Legal Research & Writing