Paralegal Certification PrepLegal Research and WritingHard
A paralegal is conducting legal research for a case involving a novel issue where no direct statutory law or binding precedent exists. To find persuasive authority, which of the following secondary sources would likely provide the most comprehensive and authoritative analysis of the legal principles involved, including discussions of various jurisdictions and scholarly commentary?
- AA legal encyclopedia (e.g., C.J.S. or Am. Jur. 2d)
- BA law review article
- CAn annotated statute
- DA legal dictionary
Show answer & explanationAnswer & explanation
Correct answer: B. A law review article
Law review articles, especially those focusing on novel or developing areas of law, provide in-depth scholarly analysis, critique existing law, and propose solutions, making them highly persuasive authority when direct law is absent.
Why the other options are wrong
- A. Legal encyclopedias provide broad overviews of legal topics but typically do not offer the detailed, critical analysis and scholarly depth needed for novel issues that law review articles do.
- C. Annotated statutes provide statutory text and summaries of cases interpreting it, but they don't offer the comprehensive scholarly analysis or multi-jurisdictional discussion required for novel issues.
- D. A legal dictionary defines terms but does not provide in-depth legal analysis or scholarly commentary.
Law Review Articles
Scholarly publications by law students and professors, offering in-depth analysis and critique of legal topics, often influencing legal development.
- Highly persuasive, not binding, authority.
- Excellent for novel or complex legal issues.
- Provide extensive footnotes and citations to primary sources.
Memory trick: When the law is new, go to the 'Reviews' for deep thought!