Assess Sufficiency of Provided Sources - Next Generation Bar Exam

1. Which law generally governs whether conduct was lawful when a statute was amended after the events at issue?

   The version in effect when the conduct occurred, unless the amendment applies retroactively. Presumptions against retroactivity require checking effective dates and transition provisions.

2. A memo on a negligence claim cites only a treatise describing the majority rule. What makes the sources insufficient?

   They lack primary authority from the controlling jurisdiction. The jurisdiction may follow a minority rule, and a treatise is secondary authority.

3. Why are regulations implementing a statute often necessary for sufficient research?

   Because they may define statutory terms or impose additional binding requirements. Valid regulations have the force of law.

4. What does a question of first impression in the jurisdiction require of the researcher?

   Searching for persuasive authority, such as decisions of other jurisdictions and secondary sources. In the absence of mandatory authority, persuasive sources guide prediction.

5. When is a collection of sources sufficient to answer a research question?

   When it addresses each element or issue under current controlling law in the relevant jurisdiction. Gaps in any element, jurisdiction, or currency make the collection insufficient.

6. A research assignment asks whether a client's contract claim is timely, and the file contains only cases on breach elements. What is missing?

   The applicable statute of limitations and authority on when the claim accrued. Timeliness turns on limitations and accrual rules, not the elements of breach.

7. What does a provided statute that cross-references a definitions section require for sufficiency?

   The definitions section itself. Statutory terms may carry defined meanings that change the analysis.

8. What is the significance of sources from the wrong jurisdiction for a question of state law?

   They are only persuasive, so the research is insufficient if mandatory authority exists. A lawyer must locate the controlling jurisdiction's law where it exists.

9. What must a lawyer confirm before relying on a statute as current law?

   That the version is the one in effect at the relevant time and has not been amended or repealed. Annotated codes and legislative histories show amendments and effective dates.

10. What must a lawyer confirm before relying on a judicial opinion as current law?

    That it has not been reversed, overruled, or otherwise negatively treated, using a citator. Updating ensures the authority remains good law.

11. A file contains a 2015 state supreme court decision directly on point but no citator report. What is required before relying on it?

    Updating the decision with a citator to confirm it remains good law. A later decision or statute may have altered the rule.

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