Test
LGS1005– Legal Writing and Research
College of Arts and Sciences –Legal Studies
Spring 2020
Final Exam
Name_____________________ Date___________________ Grade _____
True/False
1. The major difference between a court brief and an office legal memorandum is the presentation of the format and content.
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a. |
True |
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b. |
False |
2. Case law analysis is the process of determining if a court opinion governs or affects the outcome of a client’s case.
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a. |
True |
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b. |
False |
3. The considerations involved in the preparation of office legal memoranda also apply to the preparation of legal analysis documents intended for external use.
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a. |
True |
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b. |
False |
4. In a court brief, counteranalysis should be presented at the end of the analysis.
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a. |
True |
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b. |
False |
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5. The determination of whether a case is on point is important because of the doctrines of precedent and stare decisis.
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6. |
a. |
True |
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7. |
b. |
False |
8. One of the objects of legal analysis is to determine how the law applies to the facts of the client’s case.
a. True
b. False
9. Administrative law is primary authority and consists of the rules and regulations of administrative agencies and the court opinions interpreting them.
a. True
b. False
10. The American Law Reports (ALR) is a series of books that contain the text of selected court opinions, along with scholarly commentaries on the opinions.
a. True
b. False
11. Case law is far larger in volume than either constitutional or statutory law.
a. True
b. False
12. A comma is placed after a conjunction that joins two main or independent clauses.
a. True
b. False
13. When dealing with multiple issues in a client’s case, address each issue separately and completely before proceeding to the next issue.
a. True
b. False
14. A test to determine if an issue is complete is whether the reader, when reading the issue, knows the specific legal question, the law, and the facts of the dispute.
a. True
b. False
15. A broad statement of an issue includes the law and the specific facts.
a. True
b. False
16. A rule of law prescribes or directs action or forbearance.
a. True
b. False
17. A test to identify a key fact is to ask the question, “If this fact is changed, would the outcome of the application of the law be affected or changed?”
a. True
b. False
Multiple Choice
1. A noun–verb string is:
a. Always composed of redundant words
b. Often referred to as a nominalization
c. Never appropriate
d. Usually used in active voice
e. All of the above
f. Answers a, b, and c above
g. None of the above
2. Examples of primary authority are:
a. American Law Reports
b. Ordinances
c. Court opinions
d. Treatises
e. All of the above
f. Answers a, b, and c above
g. Answers b and c above
3. As used in the text, enacted law includes:
a. Regulations adopted by administrative bodies
b. Opinions of the United States Supreme Court
c. Statutes
d. Ordinances
e. All of the above
f. Answers a, b, and c above
g. Answers a, c, and d above
4. A well-crafted paragraph should include:
a. A transitional phrase or sentence
b. A topic sentence
c. The body
d. A closing sentence
e. All of the above
f. Answers a, b, and d above
g. Answers b, c, and d above
5. A court of appeals may:
a. Hear new testimony
b. Retry the case
c. Take new evidence
d. Review the record of the trial court
e. All of the above
6. With LexisNexis, you can find statutory law with a search by:
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a. |
Citation |
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b. |
Issue |
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c. |
Topic or Headnote |
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d. |
Statutory segment |
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e. |
All of the above. |
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f. |
Answers a, b, and c |
7. When searching for court opinions, the researcher must first
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a. |
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choose the type of search. |
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b. |
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select a database. |
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c. |
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enter search terms. |
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d. |
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filter the terms and connectors. |
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e. |
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All of the above. |
8. Most treatises have which of the following features?
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a. |
A new topic service |
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b. |
A narrative presentation of the subject matter |
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c. |
A table of cases |
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d. |
A table of regulations |
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e. |
All of the above |
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f. |
Answers a, b, and c above |
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g. |
Answers b and c above
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9. To obtain the legal meaning of a term used in the law, a researcher should consult:
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a. |
Restatements of the Law |
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b. |
A law review article |
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c. |
A legal dictionary |
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d. |
A uniform law
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10. Which of the following is a source for citing Restatements?
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a. |
Bluebook |
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b. |
AWLD Guide |
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c. |
Federal Register |
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d. |
Congressional Record |
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e. |
All of the above |
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f. |
Answers a and b above |
11. In the argument section of a court brief:
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a. |
Discuss the issue supported by the strongest argument first |
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b. |
Present the rule of law in an objective manner |
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c. |
Place the law unfavorable to the client’s position at the end of the analysis |
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d. |
Always follow the counteranalysis with a rebuttal |
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e. |
All of the above |
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f. |
Answers a, c, and d above |
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g. |
Answers a and d above |
12. An office legal memorandum may be used in a law office:
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a. |
As a guide to subsequent researchers in the office |
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b. |
To refresh the memory of an attorney assigned to the case on how the law applies |
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c. |
As a guide to preparing court documents |
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d. |
As a guide to the course of action to pursue |
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e. |
All of the above |
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f. |
Answers a, b, and c above |
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g. |
Answers a and d above |
13. The process of legal writing consists of the:
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a. |
Research stage |
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b. |
Prewriting stage |
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c. |
Writing stage |
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d. |
Postwriting stage |
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e. |
All of the above |
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f. |
Answers a, b, and c above |
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g. |
Answers b, c, and d above |
14. Legal correspondence usually includes:
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a. |
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The initials of the drafter |
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b. |
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A reference line |
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c. |
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A salutation |
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d. |
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A method of delivery |
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e. |
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All of the above |
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f. |
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Answers b, c, and d above |
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g. |
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Answers b and c above |
15. Headings provide
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a. |
overall structure of the assignment. |
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b. |
guide the reader. |
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c. |
guide the preparation of the table of contents. |
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d. |
include introductory sentences. |
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e. |
All of the above. |
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f. |
Answers a, b, and c. |
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g. |
Answers a and c. |