NFPA Paralegal Core Competency Exam (PCCE)Legal ResearchMedium
A paralegal is reviewing a state appellate court opinion and notices a parenthetical explanation after a case citation, such as '(holding that the plaintiff's reliance was unreasonable as a matter of law)'. What is the purpose of this type of parenthetical in legal citation?
- ATo show that the cited case is pending appeal.
- BTo provide a concise explanation of the case's relevance or holding.
- CTo signify that the cited case is from a dissenting opinion.
- DTo indicate that the cited case has been overruled.
Show answer & explanationAnswer & explanation
Correct answer: B. To provide a concise explanation of the case's relevance or holding.
An explanatory parenthetical is used in legal citation to briefly describe the point for which the cited authority is used, especially when the relevance is not immediately obvious from the citation itself. It helps the reader understand why the case is being cited.
Why the other options are wrong
- A. Pending appeal is indicated by specific subsequent history signals (e.g., 'cert. granted'), not an explanatory parenthetical.
- C. Dissenting opinions are indicated by specific phrases (e.g., '____, J., dissenting') within the citation, not a general explanatory parenthetical.
- D. Overruling is indicated by subsequent history or specific signals, not typically an explanatory parenthetical.
Explanatory Parenthetical
A parenthetical phrase following a legal citation that briefly explains the relevance or holding of the cited authority.
- Clarifies why an authority is cited.
- Often summarizes a key fact or legal principle.
- Helps the reader understand the citation's context.
Memory trick: Parentheticals 'explain' the point, making everything clear and joint.