Legal Research, Writing, and Citation
Legal research and writing questions test New Jersey sources, citation form, and the difference between persuasive and precedential authority. Paralegals often draft the first version; the attorney must review and sign.
Research hierarchy
Start with the New Jersey Constitution, statutes in N.J.S.A., and court rules. Regulations appear in N.J.A.C. New Jersey decisions are reported in N.J. for the Supreme Court, N.J. Super. for the Appellate Division and trial courts, and N.J. Tax for the Tax Court. Federal authority may be persuasive or binding depending on the issue. Secondary sources include New Jersey Practice, annotations, and ethics opinions. Use Shepard's or KeyCite to check subsequent history.
Citation form
Use the Bluebook unless the court orders otherwise. Examples: State v. Smith, 123 N.J. 456, 460 (1991); Doe v. Roe, 456 N.J. Super. 123, 130 (App. Div. 2018); N.J.S.A. 2A:14-2; R. 4:6-2(e); N.J.A.C. 13:1-1.1. Include a pin cite for the specific page. For statutes, cite the section; for rules, use the rule number.
Writing
Use point headings that state the conclusion, a facts section tied to the record, and an argument that applies the New Jersey standard. Quote sparingly and attribute accurately. Cutting and pasting from a brief without updating the record is a common source of sanctions.
Worked example
A draft cites an unpublished Appellate Division opinion as the only support for a legal standard. The citation should not be used as binding authority. Under R. 1:36-3, an unpublished opinion is not precedential; counsel who cite one must serve a copy on the court and all parties. Find a published case instead.
Traps
Citing N.J. Super. without the court and year. Using A.2d instead of the official N.J. reporter as the primary cite. Citing an unpublished opinion as binding. Failing to update a citation after subsequent history.