Matt is a paralegal working for a large defense firm.

Matt is a paralegal working for a large defense firm. The attorney to whom he is assigned has a large case that he will be taking to trial. Matt has been assigned the task of finding law to support the motion in limine that the firm will be filing within the next week. He has been told that the outcome of this motion is critical because it will determine the issues at the trial. Matt must find primary law cases and case law on the relevant topics for this case.

1. Matt finds a statute in support of the case he is researching. This statute would be considered what kind of law?

  a. Primary source  

  b. Common law  

  c. Secondary source  

  d. Case law  

2. If the statute that Matt found is a state statute and he finds that there is a federal statute that directly conflicts with it and the issue has been preempted, would he still be able to use the state statute in support of his case?

  a. No, the state statute would be invalid.  

  b. No, he can only use federal statutes when citing cases.  

  c. Yes, as long as the area of law he is researching is not insurance law.  

  d. Yes, if the state statute has been reviewed by an appellate court.  

3. Matt finds case law that supports the position of the firm’s present case. In fact, he finds case law from the same court at which the present case is being heard. If such case law is cited in the motion in limine, what doctrine is the judge expected to follow when deciding on the issues in the motion?

  a. Case of first impression  

  b. Rescission  

  c. Binding authority  

  d. Stare decisis  

4. Matt’s supervising attorney has asked him to conduct some research on a different case involving a lawsuit in which the firm’s client is the defendant. In this case, Matt’s supervising attorney has argued that laches bars the suit. What does this mean?

  a. The proposed remedy does not fit the claim because it is too severe in relation to the damage incurred.  

  b. The plaintiff did not act fairly and honestly.  

  c. The plaintiff has waited too long and has lost the ability to bring a claim.  

  d. None of these choices  

5. The firm has taken on a new client who did not supply historic architectural components as promised in the contract he signed with a local building contractor. Matt needs to research case law on specific performance and draft a research memorandum summarizing his results. Why is specific performance at issue in this case?

  a. The dispute before the court concerns a contractual transaction involving something unique.  

  b. Money damages are inadequate in this situation.  

  c. This is a situation in which equitable remedies apply.  

  d. All of these choices

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