Legal research and writing quiz

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LGS1005– Legal Writing and Research

College of Arts and Sciences –Legal Studies

Spring 2020

Quiz III

Name_____________________ Date___________________ Grade _____

True or False

1. The major difference between a court brief and an office legal memorandum is the presentation of the format and content.

	a.	True
	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.

	a.	True
	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.

	a.	True
	b.	False

4. In a court brief, counteranalysis should be presented at the end of the analysis.

	a.	True
	b.	False

5. The determination of whether a case is on point is important because of the doctrines of precedent and stare decisis.

	a.	True
	b.	False

6. Other than documents submitted to courts, correspondence is the primary form of writing designed for an audience outside the law office.

	a.	True
	b.	False

7. The fundamental principles that apply to the preparation of office legal memoranda also apply to the preparation of court briefs.

True

False

8. Short sentences should be used to emphasize favorable information.

	a.	True
	b.	False

9. An office legal memorandum is often used as a basis for the preparation of a document to be filed with a court.

	a.	True
	b.	False

10. To determine the strength of a client’s case, it is necessary to analyze the strength of the opponent’s case.

	a.	True
	b.	False

11. The analysis section of an office legal memorandum is the discussion section.

	a.	True
	b.	False

12. When there are multiple rules of law that apply, the citation to each rule must be included when they are presented in the analysis section.

	a.	True
	b.	False

13. A header contains the full name and address of the law firm.

True

False

14. Most courts do not have rules governing the format of documents submitted to the court.

	a.	True
	b.	False

15. The primary goal of legal writing is to use as few words as possible.

	a.	True
	b.	False

16. In the argument section, the counteranalysis always should be followed by a rebuttal.

	a.	True
	b.	False

17. The body of legal correspondence is usually composed of four parts.

True

False

18. The body of a demand letter may include a facts section.

	a.	True
	b.	False

Multiple	Choice

1. In the argument section of a court brief:

	a.	Discuss the issue supported by the strongest argument first
	b.	Present the rule of law in an objective manner
	c.	Place the law unfavorable to the client’s position at the end of the analysis
	d.	Always follow the counteranalysis with a rebuttal
	e.	All of the above
	f.	Answers a, c, and d above
	g.	Answers a and d above

2. An office legal memorandum may be used in a law office:

	a.	As a guide to subsequent researchers in the office
	b.	To refresh the memory of an attorney assigned to the case on how the law applies
	c.	As a guide to preparing court documents
	d.	As a guide to the course of action to pursue
	e.	All of the above
	f.	Answers a, b, and c above
	g.	Answers a and d above

3. The process of legal writing consists of the:

	a.	Research stage
	b.	Prewriting stage
	c.	Writing stage
	d.	Postwriting stage
	e.	All of the above
	f.	Answers a, b, and c above
	g.	Answers b, c, and d above

4. Legal correspondence usually includes:

	a.	The initials of the drafter
	b.	A reference line
	c.	A salutation
	d.	A method of delivery
	e.	All of the above
	f.	Answers b, c, and d above
	g.	Answers b and c above

5. Headings provide

	a.	overall structure of the assignment.
	b.	guide the reader.
	c.	guide the preparation of the table of contents.
	d.	include introductory sentences.
	e.	All of the above.
	f.	Answers a, b, and c.
	g.	Answers a and c.

6. In regard to the presentation of the issue in a court brief, state the:

	a.	Law component persuasively
	b.	Issue component persuasively
	c.	Fact component objectively
	d.	Fact component persuasively
	e.	Answers a, b, and c above
	f.	Answers a, b, and d above

7. A letter that provides the reader with a legal opinion and legal advice is referred to as:

	a.	An instruction letter
	b.	An information letter
	c.	An opinion letter
	d.	A demand letter

8. The analysis section begins with a presentation of:

	a.	The case that is on point
	b.	The rule of law that governs the issue
	c.	A summary of the key facts
	d.	The presentation of the issue
	e.	All of the above

9. Which of the following are guidelines for legal research in the prewriting stage?

	a.	Identify the issue
	b.	Become familiar with the area of law.
	c.	Locate the case law that may apply.
	d.	Establish a timetable.
	e.	All of the above.
	f.	Answers a, b, and c.
	g.	Answers b, c, and d.

10. Which of the following is a major purpose and function of an office memo?

	a.	Identify and record the law that applies to a specific issue or issues raised by the client’s facts
	b.	Analyze and explain how the law applies to the issue(s)
	c.	Present a subjective analysis of the legal arguments in support of the client’s position
	d.	Present a conclusion and proposed solution based on the analysis
	e.	All of the above
	f.	Answers a, b, and d above
	g.	Answers a, b, and c above

11. Which of the following is a way to challenge or attack a legal position or argument based on a statute?

	a.	The statute being relied on as a guide does not apply.
	b.	The statute is sufficiently broad to allow another interpretation.
	c.	The statute has been misconstrued.
	d.	The statute has been misapplied.
	e.	All of the above
	f.	Answers a, b, and c above
	g.	Answers b, c, and d above

12. Which of the following is a way to challenge or attack a legal position or argument based on a statute?

	a.	The statute being relied on as a guide to interpret the applicable statute applies to such functionally different fact situations from the fact situation of the client’s case that it cannot be used as a guide to interpret the statute being analyzed.
	b.	The statute being relied on has not been adopted in the jurisdiction.
	c.	The case being relied on to interpret the statute is persuasive authority.
	d.	The interpretation of the statute being urged by the opposition violates another legislative act.
	e.	All of the above
	f.	Answers a, b, and c above
	g.	Answers a, b, and d above

13. If a court opinion governs or affects the outcome of a client’s case, it is referred to as:

	a.	A key case
	b.	The lead case
	c.	Being on point
	d.	The primary case
	e.	All of the above
	f.	None of the above

14. A case is on point if:

	a.	The key facts are sufficiently similar to the key facts of the client’s case
	b.	The key facts and background facts are sufficiently similar to the key facts and background facts of the client’s case
	c.	The rule of law of the court opinion is sufficiently similar to the rule of law of the client’s case
	d.	The legal questions are the same
	e.	All of the above
	f.	Answers a and d above
	g.	Answers a and c above