Deck 7: Legal Research and Analysis

Question 1

Client Julia comes to your supervising attorney because she was injured when a handrail on the steps outside her grocery store broke while she was holding it, causing her to fall and leading to her suffering serious injuries. You begin looking for cases on point. You should look for cases that involve which of the following?

A) A plaintiff being attacked by a dog at a grocery store
B) A plaintiff being injured on a broken step outside a grocery store
C) A plaintiff suffering food poisoning from food purchased at a grocery store
D) A plaintiff suffering injuries from a mugging outside a grocery store

Answer 1

B

Question 2

A person who is invited onto business premises by the owner for business purposes is called a

A) licensee.
B) business invitee.
C) business guest.
D) licensee or a business guest.
E) All of these choices are correct.

Answer 2

B

Question 3

Amy is invited onto Carol's pet store business premises by Carol to purchase some rabbit food.

A) licensee.
B) business invitee.
C) business guest.
D) licensee and a business guest.
E) All of these choices are correct.

Answer 3

C

Question 4

Because lawyers have a duty to charge their clients reasonable fees, paralegals should

A) spend as much time as possible doing research.
B) try to work efficiently to minimize the number of hours the client is charged for.
C) not worry about how much time they spend doing research because paralegal time is not billed.
D) take their time doing research so the firm can charge for more hours and make more money.

Question 5

Which of the following statements is true about paralegal work?

A) As a paralegal, you may be asked to perform a variety of research tasks.
B) Legal analysis and legal research often overlap.
C) As a paralegal, it is important to have the ability to conduct thorough research efficiently.
D) All of these choices are correct.

Question 6

Before researching a legal problem that is governed by case law, you will need to determine your legal research goals, which include

A) finding legal support for your client's claim.
B) finding cases on point.
C) finding cases that are binding authority.
D) All of these choices are correct.

Question 7

Which of the following is not necessary to establish to succeed in a negligence action?

A) The defendant had a duty of care to the plaintiff.
B) The defendant is over twenty-one years of age.
C) The plaintiff suffered a legally recognizable injury.
D) The injury was caused by the defendant's breach of duty of care.

Question 8

Paralegal Cynthia has been assigned a research project involving the adoption laws in Michigan, Iowa, and Wisconsin. What is the first step that Cynthia should take in her research project?

A) Researching relevant primary sources
B) Defining the issue(s) to be researched
C) Determining the goal of the project
D) Consulting relevant secondary sources

Question 9

Which of the following statements is true about paralegal work?

A) Legal research is a central part of paralegal work.
B) Legal analysis and legal research often overlap.
C) Paralegals have many opportunities to acquire firsthand knowledge of the law.
D) All of these choices are correct.

Question 10

A case involving factual circumstances and issues that are similar to the case before the court is called a

A) binding authority.
B) case on "all fours."
C) case on point.
D) persuasive authority.

Question 11

Preliminary steps in researching case law include which of the following?

A) Defining the issue
B) Determining the research goals
C) Defining the issue and determining the research goals
D) Submitting a case report

Question 12

Which of the following must be established to succeed in a negligence action?

A) The defendant had a duty of care to the plaintiff.
B) The defendant breached his or her duty of care.
C) The plaintiff suffered a legally recognizable injury.
D) The injury was caused by the defendant's breach of duty of care.
E) All of these choices are correct.

Question 13

Which of the following is not necessary to establish to succeed in a negligence action?

A) The defendant had a duty of care to the plaintiff.
B) The defendant breached his or her duty of care.
C) The plaintiff is over twenty-one years of age.
D) The injury was caused by the defendant's breach of duty of care.

Question 14

Which of the following must be considered when defining research issues?

A) Parties
B) Places and things
C) Basis of action or issue
D) Defenses
E) All of these choices are correct.

Question 15

Preliminary steps in researching case law include which of the following?

A) Defining the issue
B) Background research
C) Client interviews
D) Defining the issue and background research
E) Background research and client interviews

Question 16

When defining a legal issue to be researched, your first task is which of the following?

A) Learn as much as you can about the law on the topic.
B) Examine the facts closely to determine the nature of the legal issue.
C) Decide what type of law you need to search for.
D) Write out the legal issue so it is clear in your mind.

Question 17

Which of the following is not necessary to establish to succeed in a negligence action?

A) The defendant had a duty of care to the plaintiff.
B) The defendant breached his or her duty of care.
C) The plaintiff suffered a legally recognizable injury.
D) The injury was caused by the defendant's breach of duty of care.
E) None of these choices is correct.

Question 18

A business invitee is

A) a person who is invited onto business premises by the owner for business purposes.
B) a person who makes business deals online.
C) the plaintiff in a case involving business.
D) the defendant in a case involving business.

Question 19

A case in which all four elements of the case (the parties, the circumstances, the legal issues, and the remedies sought) are very similar to those in the case being researched is called a

A) binding authority.
B) case on "all fours."
C) case on point.
D) persuasive authority.

Question 20

Which of the following statements is not true about paralegal work?

A) Legal research is a central part of paralegal work.
B) Paralegals must always conduct all research in an approved library.
C) Paralegals have many opportunities to acquire firsthand knowledge of the law.
D) As a paralegal, it is important to have the ability to conduct thorough research efficiently.

Question 21

Susan is researching an employment discrimination case that will be filed for a client. It will be filed in the district court for the Eastern District of Detroit, which is located in the Sixth Circuit Court of Appeals. Susan finds a case on "all fours" from the Eighth Circuit Court of Appeals. It will serve as a authority in Susan's case.

A) persuasive
B) binding
C) primary
D) secondary

Question 22

Which of the following could be a binding authority?

A) A statute
B) A regulation
C) A constitution
D) A statute and a constitution only
E) A statute, a regulation, and a constitution

Question 23

Opinions that are considered unpublished and are often not citable as precedent are found in which of the following?

A) West's Federal Appendix
B) Federal Reporter
C) California Reports
D) All of these choices are correct.

Question 24

A decision of the United States Supreme Court would serve as a for the United States

A) persuasive authority
B) case on point
C) binding authority
D) case on "all fours"

Question 25

Which of the following sources would be considered a binding authority?

A) A constitution
B) Court decisions from an inferior court in the same jurisdiction
C) Statutes
D) Court decisions from a superior court in the same jurisdiction
E) A constitution, statutes, and court decisions from a superior court in the same jurisdiction

Question 26

A decision of the Michigan Supreme Court (the highest court in the state), assuming that it was on point, would serve as a binding authority for which of the following?

A) The California trial courts
B) The United States Supreme Court
C) The Massachusetts Appeals Court
D) The Michigan trial courts

Question 27

Tom, a paralegal, is researching state law involving private adoptions. He comes across a case on "all fours" from the Ninth Circuit Court of Appeals. The case that Tom found would be a

A) binding
B) primary
C) persuasive
D) secondary

Question 28

Published opinions by the U.S. Circuit Court of Appeals appear in which of the following?

A) Federal Decisions
B) Federal Reporter
C) Published Court Reports
D) All of these choices are correct.

Question 29

An ideal case on point would have which of the following elements in common with your case?

A) The parties
B) The circumstances
C) The legal issues involved
D) The remedies sought by the plaintiff
E) All of these choices are correct.

Question 30

A "case on all fours" is a case in which

A) all four elements of the case are similar to your case.
B) animals are involved.
C) the judge has ruled in favor of the plaintiff.
D) there are four parties involved.

Question 31

A decision is one that the court that issued it has declared to be binding precedent.

A) binding
B) legal
C) published
D) official

Question 32

Opinions appearing in West's Federal Appendix

A) are binding precedents.
B) may be persuasive to the court.
C) may give some indication of how a court is likely to rule in the future.
D) may be persuasive to the court and may give some indication of how a court is likely to rule in the future.
E) are binding precedents, may be persuasive to the court, and may give some indication of how a court is likely to rule in the future.

Question 33

When performing legal research on case law, your goal should be to look for

A) cases on point.
B) cases from the lowest court in your jurisdiction.
C) similar cases.
D) cases from the highest court in your jurisdiction.
E) cases on point and cases from the highest court in your jurisdiction.

Question 34

Which of the following is true regarding opinions appearing in West's Federal Appendix?

A) They are binding precedents.
B) They are formally considered unpublished.
C) They have been given by the U.S. Supreme Court.
D) They are formally considered unpublished and they have been given by the U.S. Supreme
E) They are binding precedents, they are formally considered unpublished, and they have been given by the U.S. Supreme Court.

Question 35

An ideal case on point would have which of the following elements in common with your case?

A) The parties
B) The circumstances
C) The legal issues involved
D) The parties and the legal issues involved only
E) The parties, the circumstances, and the legal issues involved

Question 36

A court opinion that is a published decision is one that

A) the court that issued it has declared to be binding precedent.
B) the court that issued it has submitted to a commercial database such as Westlaw.
C) was reviewed by the U.S. Supreme Court.
D) is a case on "all fours."

Question 37

Which of the following is true of unpublished court decisions?

A) They are binding precedents.
B) They may be persuasive to the court.
C) They may give some indication of how a court is likely to rule in the future.
D) They may be persuasive to the court and they may give some indication of how a court is likely to rule in the future.
E) They are binding precedents, they may be persuasive to the court, and they may give some indication of how a court is likely to rule in the future.

Question 38

Necessary conditions for a decided court case to be a binding authority include which of the following?

A) The case must be on point.
B) The case must have gone to the U.S. Supreme Court.
C) The case must have been decided by a higher court in the same jurisdiction.
D) The case must be on point and the case must have been decided by a higher court in the same jurisdiction.

Question 39

For a case to serve as a binding authority it must be

A) similar.
B) on point.
C) decided by an inferior court.
D) decided by a superior court.
E) on point and be decided by a superior court.

Question 40

Any source of law that a court must follow when deciding a case is called a

A) binding authority.
B) case on "all fours."
C) case on point.
D) persuasive authority.

Question 41

include decisions of the courts in the United States, statutes, rules and regulations, presidential orders, and any documents that establish the law.

A) Secondary sources
B) Binding authorities
C) Primary sources
D) Persuasive authorities

Question 42

Secondary sources are often referred to as because they help researchers to locate primary sources on topics they are researching.

A) digests
B) finding tools
C) legal encyclopedias
D) locating tools

Question 43

The New Jersey Supreme Court is deciding the rights of a surrogate mother in an adoption case. The court has never had to decide this issue before. This is called a

A) current decision.
B) binding authority.
C) persuasive authority.
D) case of first impression.

Question 44

Any legal authority, or source of law, that a court may look to for guidance but that it is not required to follow in making its decision is called a authority.

A) secondary
B) persuasive
C) binding
D) primary

Question 45

Law books and articles that summarize, systematize, compile, explain, and interpret the law are called

A) secondary sources.
B) binding authorities.
C) primary sources.
D) persuasive authorities.

Question 46

John is researching a breach-of-warranty claim, and he locates an article in a legal encyclopedia that supports his client's position, citing cases from other jurisdictions. The material in the encyclopedia is a authority.

A) secondary
B) persuasive
C) binding
D) primary

Question 47

Which of the following is an example of a persuasive authority?

A) A previous court opinion from another jurisdiction
B) A law review of a similar legal issue
C) An encyclopedia summarizing the legal principles related to the issue at hand
D) All of these choices are correct.
E) None of these choices is correct.

Question 48

Which of the following statements is not true regarding persuasive authorities?

A) Persuasive authorities are binding on all courts.
B) Persuasive authorities are not binding on courts.
C) Persuasive authorities can be previous court opinions from other jurisdictions.
D) None of these choices is correct.

Question 49

Which of the following statements is true regarding persuasive authorities?

A) Persuasive authorities are binding on all courts.
B) Persuasive authorities are binding on civil courts but not criminal courts.
C) Persuasive authorities are the same as binding authorities.
D) None of these choices is correct.

Question 50

offers definitions and interpretations of legal terms and phrases. Each term or phrase in this 132-volume set is followed by brief summary statements from federal or state court decisions in which the word or phrase has been interpreted or defined.

A) Corpus Juris Secundum
B) American Jurisprudence 2d
C) Words and Phrases
D) A.L.R.

Question 51

In a case of first impression, the court

A) will never consider persuasive authorities.
B) rarely refers to persuasive authorities.
C) often refers to persuasive authorities.
D) only allows the use of primary sources.

Question 52

Secondary sources of law include which of the following?

A) Legal encyclopedias
B) Digests
C) American Law Reports series (A.L.R.s)
D) Legal encyclopedias and A.L.R.s
E) All of these choices are correct.

Question 53

Both Corpus Juris Secundum and American Jurisprudence 2d

A) are available online.
B) contain over 100 volumes.
C) have detailed information on most areas of the law.
D) are legal encyclopedias.
E) All of these choices are correct.

Question 54

Which of the following are important finding tools for researching case law?

A) Legal encyclopedias
B) Case digests
C) Court decisions
D) Legal encyclopedias and case digests
E) Legal encyclopedias and court decisions

Question 55

Which of the following statements is true regarding persuasive authorities?

A) Persuasive authorities are binding on all courts.
B) Persuasive authorities are not binding on a court.
C) Persuasive authorities are the same as binding authorities.
D) None of these choices is correct.

Question 56

is a secondary source that offers detailed information on almost every area of the law and provides cross-references to court cases and other secondary sources.

A) A digest
B) Words and Phrases
C) A.L.R.
D) A legal encyclopedia

Question 57

Which of the following are features of American Jurisprudence?

A) Alphabetical presentation of topics
B) Subtopics describing rules of law
C) Cross-references to specific court cases
D) All of these choices are correct.

Question 58

A(n) is a separate pamphlet, inserted into the front or back binding of a volume of a law book, that contains recent cases or changes in the law and is used to update the law book.

A) update pamphlet
B) pocket part
C) digest
D) pocket pamphlet

Question 59

Both Corpus Juris Secundum and American Jurisprudence 2d

A) are available online.
B) are not available online.
C) are rarely updated.
D) cannot be cited in cases of first impression.
E) are available online and are rarely updated.

Question 60

American Jurisprudence is a

A) major legal encyclopedia.
B) collection of persuasive authority sources.
C) weekly magazine for paralegals.
D) None of these choices is correct.

Question 61

Which of the following is not correct with regard to a case digest?

A) A case digest is a helpful research tool.
B) A case digest is considered law.
C) A case digest is available in both hard copy and online.
D) A case digest arranges topics alphabetically.

Question 62

Treatises are

A) formal scholarly works.
B) legally binding.
C) primary sources.
D) legal encyclopedias.

Question 63

A note near the beginning of a reported case summarizing the court's ruling on an issue of law is called a(n)

A) annotation.
B) key number.
C) headnote.
D) All of these choices are correct.

Question 64

West publishes which of the following digests?

A) State court opinions
B) Federal court opinions
C) Regional digests
D) All of these choices are correct.

Question 65

Which of the following is not correct with regard to a case digest?

A) A case digest is a helpful research tool.
B) A case digest is considered law.
C) A case digest provides more detail than a legal encyclopedia.
D) A case digest arranges topics alphabetically.

Question 66

The organizes millions of case summaries under specific topics and subtopics.

A) headnote
B) key-number system
C) digest
D) reporter

Question 67

Treatises are

A) formal scholarly works.
B) legally binding.
C) primary sources.
D) legal encyclopedias.
E) formal scholarly works and legally binding.

Question 68

Pocket pamphlets are so named because they

A) slip into a pocket in the front or back of a legal encyclopedia.
B) can fit in a jacket pocket to be referred to in court.
C) are kept in special folders called pockets.
D) are sold in sets of two in pocket folders.

Question 69

Treatises are

A) formal scholarly works.
B) secondary sources.
C) often cited as persuasive authorities.
D) legal encyclopedias.
E) formal scholarly works, secondary sources, and often cited as persuasive authorities.

Question 70

When using A.L.R., which of the following would not be useful to consult to make sure you have the most updated information possible?

A) A.L.R. Blue Book of Supplemental Decisions
B) A.L.R. Later Case Service
C) Pocket-part supplements for A.L.R.
D) None of these choices is correct.

Question 71

When using A.L.R., which of the following should you consult to make sure you have the most updated information possible?

A) A.L.R. Blue Book of Supplemental Decisions
B) A.L.R. Later Case Service
C) Pocket-part supplements for A.L.R.
D) All of these choices are correct.

Question 72

Which of the following has the force of law?

A) Treatise
B) Restatements of the Law
C) Legal periodical
D) None of these choices is correct.

Question 73

A publication in which court cases are published is called a(n)

A) annotation.
B) citation.
C) reporter.
D) digest.

Question 74

is a secondary source that presents cases followed by annotations.

A) A legal encyclopedia
B) A digest
C) A.L.R.
D) A treatise

Question 75

The key-number system organizes case summaries

A) by date.
B) under specific topics and subtopics.
C) by importance to society.
D) by date, under specific topics and subtopics, and by importance to society.
E) None of these choices is correct.

Question 76

Topics and numbers used to facilitate legal research of case law within West's legal research sources are called

A) headnotes.
B) the key-number system.
C) the digest.
D) the reporter.

Question 77

In legal research, a text that provides a systematic, detailed, and scholarly review of a particular legal subject is called

A) a legal encyclopedia.
B) a digest.
C) a treatise.
D) A.L.R.

Question 78

A(n) is a compilation in which brief summaries of court cases are arranged by subject, or topic, and subdivided by jurisdiction and court.

A) annotation
B) headnote
C) reporter
D) digest

Question 79

A case digest

A) is a helpful research tool.
B) arranges topics alphabetically.
C) is available in both hard copy and online.
D) All of these choices are correct.

Question 80

A brief comment, an explanation of a legal point, or a case summary found in a digest or other legal source is called a(n)

A) reporter.
B) digest.
C) annotation.
D) headnote.