NFPA Paralegal Core Competency Exam (PCCE)Legal ResearchMedium
A paralegal is researching a complex property dispute that involves common law principles. The paralegal needs to find a highly persuasive secondary source that summarizes and restates the common law rules on property, often cited by courts. Which of the following would be the most suitable source?
- AAmerican Jurisprudence 2d (Am. Jur. 2d)
- BLaw review article
- CCorpus Juris Secundum (C.J.S.)
- DRestatements of the Law
Show answer & explanationAnswer & explanation
Correct answer: D. Restatements of the Law
Restatements of the Law, published by the American Law Institute (ALI), are highly persuasive secondary sources that summarize and restate common law principles in various fields, often cited by courts as authoritative statements of judge-made law.
Why the other options are wrong
- A. Am. Jur. 2d is a legal encyclopedia providing broad overviews, similar to C.J.S., not authoritative restatements.
- B. Law review articles offer scholarly analysis but are not structured as authoritative restatements of common law principles.
- C. C.J.S. is a legal encyclopedia providing broad overviews, not authoritative restatements of common law principles.
Restatements of the Law
Highly influential secondary sources published by the American Law Institute (ALI) that summarize and restate common law principles in specific legal areas.
- Often cited by courts as persuasive authority
- Organized by legal subject (e.g., Contracts, Torts, Property)
- Reflects the consensus of legal scholars and practitioners
Memory trick: Restatements 'state' the common law again, for clarity and guidance.