NFPA Paralegal Core Competency Exam (PCCE)Legal ResearchHard
A paralegal is reviewing a state statute that uses ambiguous language, leading to multiple possible interpretations. To properly advise the attorney, the paralegal needs to determine how courts in that state have historically interpreted similar statutory provisions. Which research strategy would be MOST effective?
- AReviewing legal encyclopedias for general principles of statutory construction.
- BUsing a digest to find cases that have cited or interpreted the specific statutory section.
- CSearching for law review articles that critique the statute's ambiguity.
- DConsulting the legislative history of the statute for committee reports.
Show answer & explanationAnswer & explanation
Correct answer: B. Using a digest to find cases that have cited or interpreted the specific statutory section.
When a statute is ambiguous, judicial interpretations are crucial. Digests (or their online equivalents) are tools specifically designed to organize case law by subject and statutory citation, making it efficient to find cases that have interpreted specific statutory sections.
Why the other options are wrong
- A. Legal encyclopedias provide general principles, but not specific judicial interpretations of a particular ambiguous statute.
- C. Law review articles are secondary sources and offer commentary, not authoritative judicial interpretation.
- D. Legislative history helps with original intent, but if courts have already interpreted the ambiguous language, their interpretation is paramount for applying the law.
Statutory Interpretation
The process by which courts determine the meaning and application of a statute.
- Often involves examining plain language, legislative history, and judicial precedent.
- Aims to discern legislative intent.
- Ambiguous statutes frequently require judicial interpretation.
Memory trick: When the 'Statute' is fuzzy, ask the 'Courts' how they see it.