Paralegal Certification PrepLegal Research and WritingMedium
A paralegal is preparing a research plan for a complex litigation matter. After identifying the key legal issues, the next logical step in the research process, particularly for a novel area of law, should be to consult which type of source to gain a general understanding and identify relevant primary authorities?
- ALegal dictionaries
- BSecondary sources (e.g., treatises, legal encyclopedias)
- CCase law reporters directly
- DStatutes and codes directly
Show answer & explanationAnswer & explanation
Correct answer: B. Secondary sources (e.g., treatises, legal encyclopedias)
For complex or novel issues, beginning with secondary sources like treatises or legal encyclopedias is highly efficient. They provide an overview of the law, explain concepts, and often cite to primary authorities (cases and statutes), guiding the researcher to relevant starting points.
Why the other options are wrong
- A. Legal dictionaries define terms but do not provide the comprehensive overview or analysis needed to begin research on a complex legal issue.
- C. Starting directly with case law reporters without background can be overwhelming and inefficient, especially for complex or novel issues.
- D. While statutes are primary law, understanding their context and identifying relevant ones is often aided by secondary sources, especially when the issue is complex or novel.
Legal Research Starting Point
For complex or unfamiliar legal issues, the most effective starting point for legal research is typically secondary sources, which provide an overview and lead to primary authorities.
- Secondary sources explain legal concepts.
- They cite to relevant primary law (cases, statutes).
- Helps define scope and identify keywords.
- Efficient for gaining initial understanding.
Memory trick: Issue First, Secondary Next, Primary Last.