NFPA Paralegal Core Competency Exam (PCCE)Legal ResearchEasy
A paralegal is conducting research on a novel legal issue for which there is no direct statutory or case law precedent in the jurisdiction. To gain an initial understanding of the legal principles and potential arguments, which type of secondary legal source would be MOST helpful?
- AA recent Supreme Court opinion from a different jurisdiction.
- BA comprehensive digest of cases from the relevant jurisdiction.
- CA legal encyclopedia article on the general area of law.
- DA compilation of state statutes on related topics.
Show answer & explanationAnswer & explanation
Correct answer: C. A legal encyclopedia article on the general area of law.
Legal encyclopedias provide broad overviews of legal topics, offering introductory explanations, definitions, and references to primary sources. They are excellent starting points for unfamiliar or novel legal issues.
Why the other options are wrong
- A. Primary source, but from a different jurisdiction and may not offer foundational principles for a novel issue.
- B. Primary source (case summaries), but a digest requires knowing specific case names or topics, not ideal for a completely novel issue.
- D. Primary source, but a compilation of statutes might not explain the underlying principles for a novel issue without precedent.
Legal Encyclopedia
A secondary legal source that provides a comprehensive overview of legal topics, definitions, and references to primary law.
- Good starting point for research.
- Organized alphabetically by topic.
- Examples: Corpus Juris Secundum (C.J.S.), American Jurisprudence 2d (Am. Jur. 2d).
Memory trick: Think 'TALER' (Treatises, ALR, Law reviews, Encyclopedias, Restatements) for analysis.