Paralegal Certification PrepLegal Research and WritingMedium
A paralegal is conducting legal research for a case involving a novel issue where no direct statutory or case law precedent exists. Which type of secondary source would be most helpful in understanding the underlying legal theories, policy arguments, and potential directions for legal development in this area?
- ADigests
- BLegal dictionaries
- CRestatements of the Law
- DLaw review articles
Show answer & explanationAnswer & explanation
Correct answer: D. Law review articles
Law review articles are scholarly publications that often delve into emerging legal issues, analyze various legal theories, and propose solutions or directions for legal development. They are particularly useful for novel issues where established law is scarce.
Why the other options are wrong
- A. Digests organize summaries of cases by topic but do not provide commentary or policy analysis for novel issues.
- B. Legal dictionaries define terms but do not provide in-depth analysis of novel legal issues.
- C. Restatements summarize existing common law principles; while authoritative, they are less likely to cover truly novel, undeveloped legal areas with extensive policy arguments.
Law Review Articles
Scholarly publications, typically by legal academics or students, that offer in-depth analysis, critiques, and proposals on legal topics, including emerging and complex issues.
- Provide comprehensive analysis of legal issues.
- Often explore policy arguments and future legal trends.
- Can be persuasive authority for novel issues.
- Published by law schools and professional organizations.
Memory trick: When the law is new, reviews give clues.