Legal Research & Writing Flashcards
7 cards from real ACP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Legal Research & Writing flashcards as text
A paralegal is asked to find cases interpreting a specific statute. The most efficient first step using Westlaw is to:
Answer: Find the statute in the annotated code and review the notes of decisions
Annotated codes on Westlaw include 'Notes of Decisions' (case annotations) that list cases interpreting each statutory provision, making them the most direct starting point.
When a court opinion states it is 'distinguishing' a prior precedent, this means the court is:
Answer: Refusing to follow the prior case because the facts are materially different
Distinguishing a precedent means the court finds the facts of the current case are materially different from those of the earlier case, so the earlier holding does not control the outcome.
Which citation element is required when citing a U.S. Supreme Court case in Bluebook format?
Answer: The volume, reporter abbreviation, first page, and year
Bluebook Rule 10 requires citation of the volume number, reporter abbreviation, first page of the opinion, and the year of decision for case citations.
A legal writing technique known as 'roadmapping' at the beginning of a complex document serves to:
Answer: Orient the reader by previewing the structure and major points to be covered
A roadmap paragraph previews the organizational structure and main arguments, helping the reader navigate a complex document and understand how the pieces fit together.
The difference between a 'holding' and 'dicta' in a court opinion is:
Answer: A holding is the court's decision on the precise legal issue before it; dicta are statements not essential to that decision
The holding is the court's authoritative ruling on the legal question actually decided; obiter dicta are statements made in passing that are not binding precedent.
When drafting a contract clause, 'shall' is most appropriately used to express:
Answer: A mandatory obligation imposed on a party
In legal drafting, 'shall' creates a mandatory duty, 'may' creates a discretionary right, and 'will' is increasingly preferred for future obligations in modern drafting guidelines.
Which type of administrative law document would a paralegal research to understand the intent behind a newly enacted federal regulation?
Answer: The preamble and commentary published in the Federal Register when the rule was finalized
The Federal Register publishes proposed and final rules along with preambles and agency commentary that explain the intent, rationale, and interpretation of new regulations.