Paralegal Certification PrepLegal Research and WritingMedium
A paralegal is conducting research for a complex civil litigation matter involving a novel issue of state law. There is no directly on-point statute or binding precedent. Which type of secondary source would likely be most persuasive to a court in this situation, offering in-depth analysis and potential arguments?
- ATreatise
- BLegal encyclopedia (e.g., C.J.S., Am. Jur. 2d)
- CRestatement of the Law
- DLaw review article
Show answer & explanationAnswer & explanation
Correct answer: A. Treatise
Treatises provide comprehensive, multi-volume analyses of specific areas of law, often written by leading scholars, offering detailed explanations and critical commentary that can be highly persuasive on novel issues where direct authority is lacking.
Why the other options are wrong
- B. Legal encyclopedias provide broad overviews but lack the in-depth analysis needed for novel issues.
- C. Restatements summarize common law principles but might not cover novel statutory interpretation or arguments.
- D. Law review articles are persuasive but often focus on narrower topics or critiques, not necessarily a comprehensive overview of an entire field.
Treatise (Legal Research)
A scholarly, multi-volume work providing comprehensive, in-depth analysis of a specific legal subject.
- Offers detailed explanations and critical commentary.
- Written by legal experts and scholars.
- Highly persuasive, especially for novel or developing areas of law.
Memory trick: To 'Treat' a 'Novel' issue, you need a 'Treatise' that's 'Deep' and 'Wise'.