Question 1

Which of the following is a variation that may be encountered when dealing with key facts?

Accepted Answer

A) Minor difference in key facts-case on point 
B) Major difference in key facts-case not on point 
C) Major difference in key facts-case on point 
D) Major difference in key facts-case on point,broad legal principle 
E) All of the above
F)Answers a,b,and c above 
A) Minor difference in key facts-case on point 
B) Major difference in key facts-case not on point 
C) Major difference in key facts-case on point 
D) Major difference in key facts-case on point,broad legal principle 
E) All of the above
F)Answers a,b,and c above E

Question 2

When the key facts of a court opinion and the key facts of the client's case are not identical,which of the following is part of the process for determining if the opinion is on point?

Accepted Answer

A) Identify the similarities between the key facts 
B) Identify the differences between the key facts 
C) Identify the differences between the key facts and background facts 
D) Identify the similarities between the key facts and background facts 
E) Answers a and b above
F)Answers b and c above 
A) Identify the similarities between the key facts 
B) Identify the differences between the key facts 
C) Identify the differences between the key facts and background facts 
D) Identify the similarities between the key facts and background facts 
E) Answers a and b above
F)Answers b and c above E

Question 3

The doctrine of precedent is a basic principle of the case law system that requires a court to follow a previous decision of that court or a higher court in the same jurisdiction when the current case involves issues and key facts similar to those involved in the previous decision.

Accepted Answer

A) True 
 B)False  False

Question 4

For a case to be on point and apply as precedent:

Accepted Answer

A) The significant or key facts of the court opinion must be sufficiently similar to the key facts of the client's case 
B) If the facts are not similar,the rule of law or legal principle applied in the court opinion must be so broad that it applies to many diverse fact situations 
C) The rule of law or legal principle applied in the court opinion must be the same or sufficiently similar to the rule of law or legal principle that applies in the client's case 
D) The background facts and key facts of the court opinion must be sufficiently similar to the background and key facts of the client's case 
E) All of the above
F)Answers a,b,and c above
G)Answers b,c,and d above 
A) The significant or key facts of the court opinion must be sufficiently similar to the key facts of the client's case 
B) If the facts are not similar,the rule of law or legal principle applied in the court opinion must be so broad that it applies to many diverse fact situations 
C) The rule of law or legal principle applied in the court opinion must be the same or sufficiently similar to the rule of law or legal principle that applies in the client's case 
D) The background facts and key facts of the court opinion must be sufficiently similar to the background and key facts of the client's case 
E) All of the above
F)Answers a,b,and c above
G)Answers b,c,and d above

Question 5

A key criterion for a court opinion to be on point is that the key facts and background facts of the opinion are sufficiently similar to the key facts and background facts of the client's case.

Accepted Answer

A) True 
 B)False

Question 6

A court opinion may apply as precedent when:

Accepted Answer

A) There is a major difference in the key facts of the court opinion and the client's case 
B) There is a minor difference in the key facts of the court opinion and the client's case 
C) The rule or principle applied in the court opinion is the same rule or principle that applies in the client's case 
D) The rule or principle applied in the court opinion is different from the rule or principle that applies in the client's case 
E) All of the above
F)Answers a,c,and d above 
A) There is a major difference in the key facts of the court opinion and the client's case 
B) There is a minor difference in the key facts of the court opinion and the client's case 
C) The rule or principle applied in the court opinion is the same rule or principle that applies in the client's case 
D) The rule or principle applied in the court opinion is different from the rule or principle that applies in the client's case 
E) All of the above
F)Answers a,c,and d above

Question 7

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

Accepted Answer

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 
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

Question 8

A ruling of the highest court in state B may be mandatory precedent for the lower courts in state  a.

Accepted Answer

A) True 
 B)False

Question 9

In order for a case to be on point,the key facts and background facts of the court opinion must be sufficiently similar to the key facts and background facts of the client's case.

Accepted Answer

A) True 
 B)False

Question 10

It is important to determine if a case is on point because:

Accepted Answer

A) Statutory law requires case law for interpretation 
B) Cases that are on point need to be found to provide guidance as to how a client's case may be decided 
C) The hierarchy of the law requires the identification of cases on point 
D) Statutory law,standing alone,is not sufficient to answer most legal questions 
E) All of the above
F)Answers a,b,and c above 
A) Statutory law requires case law for interpretation 
B) Cases that are on point need to be found to provide guidance as to how a client's case may be decided 
C) The hierarchy of the law requires the identification of cases on point 
D) Statutory law,standing alone,is not sufficient to answer most legal questions 
E) All of the above
F)Answers a,b,and c above

Question 11

Case law analysis is the process of determining if a court opinion governs or affects the outcome of a client's case.

Accepted Answer

A) True 
 B)False

Question 12

When the key facts of a court opinion and the key facts of the client's case are not similar,the court opinion may still be on point.

Accepted Answer

A) True 
 B)False

Question 13

If the law applied in a court opinion is different from that which applies to the client's case,the court opinion cannot be mandatory precedent.

Accepted Answer

A) True 
 B)False

Question 14

If the law applied in a court opinion is different from the law that applies to the client's case,the opinion can be:

Accepted Answer

A) Persuasive precedent 
B) Mandatory precedent 
C) Mandatory precedent only if the key facts are sufficiently similar 
D) Persuasive precedent only if the statutes are part of the same legislative act 
E) All of the above 
A) Persuasive precedent 
B) Mandatory precedent 
C) Mandatory precedent only if the key facts are sufficiently similar 
D) Persuasive precedent only if the statutes are part of the same legislative act 
E) All of the above

Question 15

In order for a case to be on point,three requirements must be met.

Accepted Answer

A) True 
 B)False

Question 16

Precedent is:

Accepted Answer

A) An earlier court decision on an issue that governs or guides a subsequent court in its determination of an identical or similar issue based on identical or similar key facts 
B) A decision from a higher court in a jurisdiction 
C) A decision that a court may look to for guidance when reaching a decision but is not bound to follow 
D) A basic principle of the common law system that requires a court to follow a previous decision of that court or a higher court in the same jurisdiction when the current case involves issues and key facts similar to those involved in the previous decision 
E) All of the above 
A) An earlier court decision on an issue that governs or guides a subsequent court in its determination of an identical or similar issue based on identical or similar key facts 
B) A decision from a higher court in a jurisdiction 
C) A decision that a court may look to for guidance when reaching a decision but is not bound to follow 
D) A basic principle of the common law system that requires a court to follow a previous decision of that court or a higher court in the same jurisdiction when the current case involves issues and key facts similar to those involved in the previous decision 
E) All of the above

Question 17

When the key facts of a court opinion and the key facts of the client's case are not similar,if the substitution of the key facts would not result in changing the outcome of the case,the court opinion can be used as precedent.

Accepted Answer

A) True 
 B)False

Question 18

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

Accepted Answer

A) True 
 B)False

Question 19

A case is on point if:

Accepted Answer

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 
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

Question 20

The determination of whether a case is on point is important because of the doctrine of:

Accepted Answer

A) Res judicata 
B) Precedent 
C) Stare decisis 
D) Finality 
E) All of the above
F)Answers a,b,and c above
G)Answers b and c above 
A) Res judicata 
B) Precedent 
C) Stare decisis 
D) Finality 
E) All of the above
F)Answers a,b,and c above
G)Answers b and c above

Which of the following is a variation that may be encountered when dealing with key facts?

When the key facts of a court opinion and the key facts of the client's case are not identical,which of the following is part of the process for determining if the opinion is on point?

The doctrine of precedent is a basic principle of the case law system that requires a court to follow a previous decision of that court or a higher court in the same jurisdiction when the current case involves issues and key facts similar to those involved in the previous decision.

For a case to be on point and apply as precedent:

A key criterion for a court opinion to be on point is that the key facts and background facts of the opinion are sufficiently similar to the key facts and background facts of the client's case.

A court opinion may apply as precedent when:

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

A ruling of the highest court in state B may be mandatory precedent for the lower courts in state a.

In order for a case to be on point,the key facts and background facts of the court opinion must be sufficiently similar to the key facts and background facts of the client's case.

It is important to determine if a case is on point because:

Case law analysis is the process of determining if a court opinion governs or affects the outcome of a client's case.

When the key facts of a court opinion and the key facts of the client's case are not similar,the court opinion may still be on point.

If the law applied in a court opinion is different from that which applies to the client's case,the court opinion cannot be mandatory precedent.

If the law applied in a court opinion is different from the law that applies to the client's case,the opinion can be:

In order for a case to be on point,three requirements must be met.

Precedent is:

When the key facts of a court opinion and the key facts of the client's case are not similar,if the substitution of the key facts would not result in changing the outcome of the case,the court opinion can be used as precedent.

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

A case is on point if:

The determination of whether a case is on point is important because of the doctrine of:

Introduction to Legal Principles and Authorities

Introduction to Legal Research and Analysis

Constitutions, statutes, administrative Law, and Court Rulesresearch and Analysis

Case Lawresearch and Briefing

Secondary Authority and Other Research Sourcesencyclopedias, treatises, american Law Reports, digests, shepards

Secondary Authorityperiodicals, restatements, uniform Laws, dictionaries, legislative History, and Other Secondary Authorities

Computers and Internet Legal Research

Commercial Internet Research

Legal Analysiskey Facts

Legal Analysis: Issue Identificationspotting the Issue

Legal Analysis: Stating the Issue

Counteranalysis

Fundamentals of Writing

The Writing Process for Effective Legal Writing

Office Legal Memorandum: Issues and Facts

Office Legal Memorandum: Analysis to Conclusion

External Memoranda: Court Briefs

Correspondence

Filters

Exam 12: Case Law Analysisis a Case on Point

Which of the following is a variation that may be encountered when dealing with key facts?

When the key facts of a court opinion and the key facts of the client's case are not identical,which of the following is part of the process for determining if the opinion is on point?

The doctrine of precedent is a basic principle of the case law system that requires a court to follow a previous decision of that court or a higher court in the same jurisdiction when the current case involves issues and key facts similar to those involved in the previous decision.

For a case to be on point and apply as precedent:

A key criterion for a court opinion to be on point is that the key facts and background facts of the opinion are sufficiently similar to the key facts and background facts of the client's case.

A court opinion may apply as precedent when:

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

A ruling of the highest court in state B may be mandatory precedent for the lower courts in state a.

In order for a case to be on point,the key facts and background facts of the court opinion must be sufficiently similar to the key facts and background facts of the client's case.

It is important to determine if a case is on point because:

Case law analysis is the process of determining if a court opinion governs or affects the outcome of a client's case.

When the key facts of a court opinion and the key facts of the client's case are not similar,the court opinion may still be on point.

If the law applied in a court opinion is different from that which applies to the client's case,the court opinion cannot be mandatory precedent.

If the law applied in a court opinion is different from the law that applies to the client's case,the opinion can be:

In order for a case to be on point,three requirements must be met.

Precedent is:

When the key facts of a court opinion and the key facts of the client's case are not similar,if the substitution of the key facts would not result in changing the outcome of the case,the court opinion can be used as precedent.

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

A case is on point if:

The determination of whether a case is on point is important because of the doctrine of:

Introduction to Legal Principles and Authorities

Introduction to Legal Research and Analysis

Constitutions, statutes, administrative Law, and Court Rulesresearch and Analysis

Case Lawresearch and Briefing

Secondary Authority and Other Research Sourcesencyclopedias, treatises, american Law Reports, digests, shepards

Secondary Authorityperiodicals, restatements, uniform Laws, dictionaries, legislative History, and Other Secondary Authorities

Computers and Internet Legal Research

Commercial Internet Research

Legal Analysiskey Facts

Legal Analysis: Issue Identificationspotting the Issue

Legal Analysis: Stating the Issue

Counteranalysis

Fundamentals of Writing

The Writing Process for Effective Legal Writing

Office Legal Memorandum: Issues and Facts

Office Legal Memorandum: Analysis to Conclusion

External Memoranda: Court Briefs

Correspondence

Filters