Paralegal Certification PrepLegal Research and WritingMedium
A paralegal is preparing a research plan for a complex litigation matter. After identifying the key facts and legal issues, the next logical step in an effective legal research process is to:
- ADraft the final legal document (e.g., brief, memorandum).
- BImmediately search for primary authority (statutes, cases) related to the issues.
- CConsult secondary sources to gain background knowledge and identify primary authority.
- DFormulate arguments and conclusions based on initial assumptions.
Show answer & explanationAnswer & explanation
Correct answer: C. Consult secondary sources to gain background knowledge and identify primary authority.
After understanding the facts and issues, consulting secondary sources is crucial for gaining a foundational understanding of the law, identifying relevant primary authority, and understanding the legal landscape before diving into primary sources.
Why the other options are wrong
- A. Drafting the final document is the ultimate goal, not an early research step.
- B. While primary authority is the goal, jumping directly into it without background from secondary sources can be inefficient and lead to missed relevant law, especially in complex matters.
- D. Formulating conclusions prematurely without thorough research can lead to inaccurate or incomplete advice.
Legal Research Process
A systematic approach to finding and analyzing legal authority to answer a legal question or support a legal argument.
- Starts with facts, ends with application.
- Moves from general to specific.
- Iterative process requiring critical analysis.
Memory trick: Facts and Issues first, then 'Secondary' for the 'Primary' hunt!