Paralegal Studies Chapter 1: Finding the Law

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Questions and Answers

What primary role do federal agencies play in the regulatory process?

Representing citizens in the judicial system

Enforcing criminal laws exclusively

Creating new laws unilaterally

Promulgating rules and regulations that bind individuals (correct)

What was Peggie's first step in understanding grandparent visitation laws?

Read the court cases

Review introductory information in a legal encyclopedia (correct)

Check state statutes

Consult with an attorney

Which of the following statements about the executive branch is accurate?

The executive branch can only enforce laws that are passed by Congress.

The executive branch's policies have no influence on law enforcement.

The executive branch does not have the power to issue executive orders.

The executive branch can enter into treaties that affect international trade. (correct)

Which agency is responsible for regulating the safety of food and cosmetics?

FDA Signup and view all the answers

Why did Peggie look up court cases after reading the statutes?

To understand the language used in the statutes Signup and view all the answers

How does the executive branch indirectly influence laws?

Through the enforcement priorities and executive orders Signup and view all the answers

What resource did Peggie use to find cases relevant to her research?

Case digest Signup and view all the answers

What can individuals not use as a defense if prosecuted for breaking a previously unenforced law?

Previous lax enforcement of the law Signup and view all the answers

What did Peggie do to ensure her findings were accurate?

Verified that statutes and cases were still in effect Signup and view all the answers

What was the final step Peggie took after completing her research?

Write a memorandum to her attorney Signup and view all the answers

What significant action did the government take regarding the Selective Service System in 1980?

It reinstated the requirement for young males to register. Signup and view all the answers

Which entity is NOT mentioned as being influenced by federal regulations?

Transportation safety standards Signup and view all the answers

What demonstrates the flexibility of legal research as indicated in Peggie's experience?

The variety of approaches researchers may take Signup and view all the answers

What role does the President play in the federal executive branch?

Issuing executive orders and treaties Signup and view all the answers

Which chapter helps researchers understand the American legal system and court structures?

Chapter 2 and 4 Signup and view all the answers

What key skill does legal research emphasize based on Peggie’s approach?

Understanding how various resources fit together Signup and view all the answers

What is a key feature of looseleaf services in legal publishing?

They are designed to be updated easily. Signup and view all the answers

How are primary sources of law generally arranged upon initial publication?

Chronological order of publication. Signup and view all the answers

What effect has emerging technology had on the publication of law books?

It led to a reduction in print publication circulation. Signup and view all the answers

What is one issue faced when researching primary legal authorities based on their publication order?

They are scattered across many volumes, complicating research. Signup and view all the answers

Why are looseleaf volumes considered 'evergreen'?

They allow for ongoing updates without reprinting. Signup and view all the answers

What is a common challenge of the traditional arrangement of legal cases?

Finding specific cases requires extensive searching through many volumes. Signup and view all the answers

What do secondary authorities and digests assist with in legal research?

They help locate primary authorities. Signup and view all the answers

Which of the following describes the organization of statutes published by a legislature?

They are published in the order in which they are enacted. Signup and view all the answers

What was the main reason the court ruled against the former circus employee in the case involving Ringling Bros.?

He did not prove he had a strong attachment to the elephants. Signup and view all the answers

How many district courts are there currently in the United States?

94 Signup and view all the answers

Which system determines the judges for the federal district courts?

Appointed by the President with Senate confirmation Signup and view all the answers

Which entity is considered a unit of federal district courts and has its own judges?

Bankruptcy courts Signup and view all the answers

In addition to the 50 states, where can district courts be found?

In U.S. territories and the District of Columbia Signup and view all the answers

What is the minimum number of district courts each U.S. state has?

One Signup and view all the answers

What type of cases can district court judges hear?

A wide variety of cases including criminal and civil matters Signup and view all the answers

What is the usual term length for judges appointed to bankruptcy courts?

14 years Signup and view all the answers

What does diversity jurisdiction require regarding the citizenship of plaintiffs and defendants?

All plaintiffs must be citizens of different states from all defendants. Signup and view all the answers

Which law will a federal court apply in a diversity case?

The substantive law of the state where the federal court is located. Signup and view all the answers

What did the Class Action Fairness Act of 2005 aim to achieve?

To reduce forum shopping and increase federal jurisdiction over large multistate actions. Signup and view all the answers

What was the monetary limit for diversity cases before the increase to $75,000?

$50,000 before the final increase. Signup and view all the answers

Which scenario allows a district court to decline jurisdiction in a case established under the Class Action Fairness Act?

The primary defendants and more than one-third of the plaintiffs are from the same state. Signup and view all the answers

What was a primary concern that led to an increase in the monetary limit for diversity cases over the years?

To avoid overwhelming the federal courts with routine cases. Signup and view all the answers

What has Congress considered periodically regarding monetary limits in diversity cases?

Automatically increasing the limits based on changes in the Consumer Price Index. Signup and view all the answers

What was the opinion of late Chief Justice William H. Rehnquist regarding diversity jurisdiction?

He wanted to curtail it to prevent certain lawsuits in federal court. Signup and view all the answers

What is one primary concern associated with diversity jurisdiction in federal courts?

It may lead to an increase in federal court caseloads with non-federal questions. Signup and view all the answers

Which type of cases do federal courts not have jurisdiction over?

Estate planning and probate matters. Signup and view all the answers

What must happen if a defendant improperly removes a case from state court to federal court?

The case must be remanded back to state court. Signup and view all the answers

Under what condition can a civil action originally filed in state court be removed to federal court?

If federal jurisdiction exists. Signup and view all the answers

Which criterion is NOT required for a case to qualify under diversity jurisdiction?

Both parties must be citizens of the same state. Signup and view all the answers

What is 'forum shopping' in the context of diversity jurisdiction?

Selecting a court based on the perceived likelihood of winning. Signup and view all the answers

What aspect of removal jurisdiction is emphasized in the discussion?

It must adhere to the requirements of federal statutes. Signup and view all the answers

What is one major issue with the current system of diversity jurisdiction?

It can cause delays because non-federal issues are heard in federal court. Signup and view all the answers

Which of the following is a requirement for a federal question jurisdiction?

The case must arise under federal law or the U.S. Constitution. Signup and view all the answers

Study Notes

Chapter 1: Finding the Law

Paralegals are expected to perform legal research competently and cost-effectively
The American Association for Paralegal Education (AAfPE) identifies legal research as a core competency for paralegals
Legal research is easier due to readily available electronic sources and the internet
Legal research is more difficult due to the sheer number of accessible resources making finding the precise authority difficult
Paralegals have an ethical duty to perform legal research competently and accurately
Attorneys' professional reputation is directly linked to their paralegal's competence

Chapter Overview

This chapter discusses the paralegal's role in legal research and writing, along with the ethical duties, different types of law libraries, and sources of law in the United States
Law books can be categorized as primary or secondary sources
Introduces major law book publishers

Law Libraries

Law library types and descriptions were included.
Law school libraries have extensive collections of law books, including print and nonprint formats (Lexis Advance, Westlaw.)
Paralegal school libraries are typically smaller than law school libraries.
Local or public law libraries are available to the general public
Court libraries are usually housed within the courthouse, and access varies by location.
Bar association and private group law libraries are typically available only to members
Law firm libraries have collections similar in size to law school/court libraries, but are accessible only to firm members.

Sources of Law in the United States

There are 52 legal systems in the United States: federal statutes and cases and state statutes and cases
Common Law: A legal system based on judicial precedents rather than codified laws (derived from England)
Stare Decisis: Literally "to stand by things decided" is a doctrine of precedent that guides judges to resolve similar cases consistently. Provides stability and promotes fairness.
Constitutions: At both federal and state levels, these describe the principles, and fundamental governing laws
Statutes: Laws passed by federal or state legislatures; statutes are primary sources
Administrative Regulations: Issued by governmental agencies to define regulations affecting certain areas, such as a particular industry or subject area, (e.g., environmental protection)
Executive Orders: Directing federal agencies and officers

Nonprint Research Media

Legal research has moved beyond conventional print volumes to include computer-assisted legal research, mobile apps, and the Internet
Today's researchers must be adept at using both conventional print and newer technology sources for legal research
Legal researchers must be flexible and creative in their approach if materials are unavailable

Change in Our Legal System

Stare decisis, though promoting stability, can lead to injustice if outdated precedents are not reevaluated
When society changes the need for new or modified laws arises.
Judicial activism involves challenging and revising existing precedents to accommodate social progress.

Chapter 2: The Federal and State Court Systems

The US has a federal and 50 state court systems
Federalism in the US: a system of governance that divides governmental functions between federal (national) and state governments.
Powers not explicitly conveyed to the Federal Government are reserved for the states
Federal Court Structure: District courts, appellate courts, and the Supreme Court
State Court Structure: Varies by state but usually has trial courts, appellate courts, and a court of last resort.

Identifying the Holding of a Case

The holding of a case is the court's ruling on the key legal issue, is legally binding upon lower courts
Dictum are judicial comments made in cases that aren't necessary to the holding
Dictum are not legally binding

Case Citation Form

Formatting for citing cases (both federal and state) was described
Case name, volume number, name of the reporting series, page number, and year of the decision.

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Description

Explore the essentials of legal research in Chapter 1 of Paralegal Studies. This chapter outlines the competencies required for paralegals while discussing ethical duties, various law library types, and U.S. sources of law. Gain insight into the role of paralegals and the importance of accuracy in legal writing and research.