Legal Research and Writing (North Carolina Sources)
What this domain tests
This domain tests whether you can find, validate, and communicate North Carolina law. Expect questions on the hierarchy of authority, how the General Statutes are organized, how to cite state appellate opinions, and how to structure a predictive memorandum.
The hierarchy of authority
- Primary mandatory: the North Carolina Constitution; the General Statutes (including the Rules of Civil Procedure inside G.S. 1A-1 and the Rules of Professional Conduct inside 27 NCAC 1B); published opinions of the Supreme Court and Court of Appeals.
- Primary persuasive: unpublished Court of Appeals opinions, federal decisions from the Fourth Circuit and the Eastern, Middle, and Western Districts of North Carolina.
- Secondary: Strong's North Carolina Index, the North Carolina Digest, the North Carolina Practice series, State Bar CLE materials.
Finding and validating
- Statutes are cited by chapter and section: G.S. 50-20 for equitable distribution. Administrative rules use the N.C. Administrative Code format, e.g., 27 NCAC 1B.
- Always confirm a statute's current text on the General Assembly site; pocket parts and supplements go stale.
- Validate every case with a citator and read the subsequent history line - an opinion "aff'd" or "rev'd" changes the whole analysis.
- Standard case citation: State v. Example, 250 N.C. App. 100, 792 S.E.2d 1 (2016).
Writing the memorandum
Use a heading, Question Presented, Brief Answer, Statement of Facts, Discussion (IRAC or CREAC), and Conclusion. Use pinpoint cites, block-quote holdings over 50 words, and write in plain, active prose.
Worked example
A client asks whether a personal injury claim survives. You locate G.S. 1-52(5) (three years for personal injury) and then check whether the discovery rule or tolling applies for a minor plaintiff. You validate the leading case, confirm it has not been overruled, and only then state a conclusion - noting the assumption about the injury date.
Traps that cost marks
- Citing a trial court order or an unpublished opinion as binding.
- Quoting a statute from an outdated compilation.
- Omitting the Question Presented or burying the answer in the discussion.