NFPA Paralegal Core Competency Exam (PCCE)Legal ResearchMedium
A paralegal is conducting research on a novel issue of state contract law and needs to find an in-depth analysis that synthesizes common law principles and provides commentary on the evolving legal landscape. Which type of secondary source would be most appropriate for this purpose?
- ATreatise
- BLaw Review Article
- CRestatement of the Law
- DLegal Encyclopedia
Show answer & explanationAnswer & explanation
Correct answer: A. Treatise
A treatise provides comprehensive, scholarly analysis of a specific area of law, often synthesizing common law principles, discussing historical development, and offering commentary on evolving legal issues. This aligns perfectly with the paralegal's need for in-depth analysis and commentary on a novel issue.
Why the other options are wrong
- B. A law review article offers in-depth analysis on a specific, often narrow, legal issue, but a treatise provides a broader, more systematic and comprehensive treatment of an entire field of law.
- C. Restatements summarize common law principles but do not typically provide the extensive commentary and analysis of evolving legal landscapes that a treatise offers.
- D. A legal encyclopedia provides a broad overview of legal topics but typically lacks the in-depth scholarly analysis and commentary required for novel issues.
Treatise
A scholarly secondary source that provides in-depth, systematic, and comprehensive analysis of a specific area of law.
- Offers commentary, historical context, and analysis of evolving legal principles.
- Often multi-volume sets.
- Useful for complex or novel legal issues.
Memory trick: To treat a complex issue, use a Treatise for the deepest dive.