Question 1

The law that applies to the issue(s)raised in a client's case may be:

Accepted Answer

A) An ordinance 
B) A constitutional provision 
C) A statute 
D) A regulation 
E) All of the above
F)Answers a, b, and d above 
A) An ordinance 
B) A constitutional provision 
C) A statute 
D) A regulation 
E) All of the above
F)Answers a, b, and d above E

Question 2

The reason(s)for locating constitutional or statutory law first when researching primary authority is (are)that:

Accepted Answer

A) The constitutional or statutory provision may answer the question, and reference to other law is not required 
B) The court opinion interpreting the law may be included with the constitutional or statutory provision 
C) The annotations that follow the constitutional or statutory provision may refer to case law that interprets the law 
D) All of the above 
E) Answers a and b above
F)Answers a and c above 
A) The constitutional or statutory provision may answer the question, and reference to other law is not required 
B) The court opinion interpreting the law may be included with the constitutional or statutory provision 
C) The annotations that follow the constitutional or statutory provision may refer to case law that interprets the law 
D) All of the above 
E) Answers a and b above
F)Answers a and c above F

Question 3

The law that governs the issue(s)in a client's case may be either enacted law or case law.

Accepted Answer

A) True 
 B)False  True

Question 4

Step 4 of the analytical process may include:

Accepted Answer

A) A discussion of how a court may rule on the issue(s) 
B) Identification of additional facts that may be necessary 
C) Identification of further research that may be necessary 
D) Identification of related issues or concerns 
E) All of the above
F)Answers a, b, and c above 
A) A discussion of how a court may rule on the issue(s) 
B) Identification of additional facts that may be necessary 
C) Identification of further research that may be necessary 
D) Identification of related issues or concerns 
E) All of the above
F)Answers a, b, and c above

Question 5

The object of legal analysis and legal research is to determine:

Accepted Answer

A) The legal issue(s)raised by the facts 
B) What law governs the legal issue(s) 
C) How the law applies to the facts 
D) What legal remedy is available 
E) All of the above
F)Answers a, b, and c above 
A) The legal issue(s)raised by the facts 
B) What law governs the legal issue(s) 
C) How the law applies to the facts 
D) What legal remedy is available 
E) All of the above
F)Answers a, b, and c above

Question 6

Which of the following are parts of Step 3 of the IRAC process?

Accepted Answer

A) Identification of the issue 
B) Identification of the rule of law that governs the issue 
C) Identification of the elements of the rule of law 
D) A summary of the law that applies 
E) All of the above
F)None of the above 
A) Identification of the issue 
B) Identification of the rule of law that governs the issue 
C) Identification of the elements of the rule of law 
D) A summary of the law that applies 
E) All of the above
F)None of the above

Question 7

Focus, as discussed in this chapter, applies to the first three steps of the IRAC process.

Accepted Answer

A) True 
 B)False

Question 8

The identification of the rule of law is probably the most important step in the analytical process.

Accepted Answer

A) True 
 B)False

Question 9

Before the analysis process can begin, it may be necessary to conduct preliminary research in the area of law involved in the case.

Accepted Answer

A) True 
 B)False

Question 10

The preliminary process of gathering the facts includes:

Accepted Answer

A) Gathering all the relevant facts 
B) Organizing the facts 
C) Weighing the facts 
D) Identifying the key facts 
E) All of the above
F)Answers a, b, and c above 
A) Gathering all the relevant facts 
B) Organizing the facts 
C) Weighing the facts 
D) Identifying the key facts 
E) All of the above
F)Answers a, b, and c above

Question 11

A properly stated issue requires the inclusion of the key facts and background facts.

Accepted Answer

A) True 
 B)False

Question 12

Which of the following are parts of Step 3 of the IRAC process?

Accepted Answer

A) Identification of the component parts of the rule of law 
B) Application of the facts of the client's case to the component parts 
C) Consideration of the possible counterarguments to the analysis of the issue 
D) All of the above 
E) Answers a and b above 
A) Identification of the component parts of the rule of law 
B) Application of the facts of the client's case to the component parts 
C) Consideration of the possible counterarguments to the analysis of the issue 
D) All of the above 
E) Answers a and b above

Question 13

Which of the following additional factors govern when to stop researching?

Accepted Answer

A) There is a lack of primary authority. 
B) There are several secondary authority sources. 
C) The claim is small. 
D) The length of time is short and the amount of money is small. 
A) There is a lack of primary authority. 
B) There are several secondary authority sources. 
C) The claim is small. 
D) The length of time is short and the amount of money is small.

Question 14

One of the objects of legal analysis is to identify the issue raised by the facts of the client's case.

Accepted Answer

A) True 
 B)False

Question 15

Before legal analysis can begin, the preliminary preparation that must take place includes:

Accepted Answer

A) Identification of the issue 
B) Gathering of the relevant facts 
C) Acquisition of a basic familiarity with the area of law involved in the case 
D) Identification of the legal remedy 
E) All of the above
F)Answers a and b above
G)Answers b and c above 
A) Identification of the issue 
B) Gathering of the relevant facts 
C) Acquisition of a basic familiarity with the area of law involved in the case 
D) Identification of the legal remedy 
E) All of the above
F)Answers a and b above
G)Answers b and c above

Question 16

When is a secondary authority not needed?

Accepted Answer

A) If there is a mandatory authority case. 
B) If there is a recent decision that is on point. 
C) If the primary authority clearly provides the answer to the issue. 
D) If there is no primary authority. 
E) Answers a and c.
F)Answers a, b, and c. 
A) If there is a mandatory authority case. 
B) If there is a recent decision that is on point. 
C) If the primary authority clearly provides the answer to the issue. 
D) If there is no primary authority. 
E) Answers a and c.
F)Answers a, b, and c.

Question 17

Step 4 of the analytical process includes the identification of additional facts or other information that may be necessary as a result of questions raised in the analysis of the problem.

Accepted Answer

A) True 
 B)False

Question 18

The commonly used approach to legal analysis involves three steps.

Accepted Answer

A) True 
 B)False

Question 19

The conclusion step of the analytical process presents the application of the law to the facts of the client's case.

Accepted Answer

A) True 
 B)False

Question 20

The legal research component of the legal analysis process is composed of the following parts:

Accepted Answer

A) Becoming familiar with the general area of law 
B) Locating the law that governs the question 
C) Determining how the law applies to the facts 
D) Locating the law that interprets how the general law applies 
E) All of the above
F)Answers b, c, and d above
G)Answers b and d above 
A) Becoming familiar with the general area of law 
B) Locating the law that governs the question 
C) Determining how the law applies to the facts 
D) Locating the law that interprets how the general law applies 
E) All of the above
F)Answers b, c, and d above
G)Answers b and d above

The law that applies to the issue(s)raised in a client's case may be:

The reason(s)for locating constitutional or statutory law first when researching primary authority is (are)that:

The law that governs the issue(s)in a client's case may be either enacted law or case law.

Step 4 of the analytical process may include:

The object of legal analysis and legal research is to determine:

Which of the following are parts of Step 3 of the IRAC process?

Focus, as discussed in this chapter, applies to the first three steps of the IRAC process.

The identification of the rule of law is probably the most important step in the analytical process.

Before the analysis process can begin, it may be necessary to conduct preliminary research in the area of law involved in the case.

The preliminary process of gathering the facts includes:

A properly stated issue requires the inclusion of the key facts and background facts.

Which of the following are parts of Step 3 of the IRAC process?

Which of the following additional factors govern when to stop researching?

One of the objects of legal analysis is to identify the issue raised by the facts of the client's case.

Before legal analysis can begin, the preliminary preparation that must take place includes:

When is a secondary authority not needed?

Step 4 of the analytical process includes the identification of additional facts or other information that may be necessary as a result of questions raised in the analysis of the problem.

The commonly used approach to legal analysis involves three steps.

The conclusion step of the analytical process presents the application of the law to the facts of the client's case.

The legal research component of the legal analysis process is composed of the following parts:

Introduction to Legal Principles and Authorities

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 Analysisissue Identification Spotting the Issue

Legal Analysisstating the Issue

Case Law Analysisis a Case on Point

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 2: Introduction to Legal Research and Analysis

The law that applies to the issue(s)raised in a client's case may be:

The reason(s)for locating constitutional or statutory law first when researching primary authority is (are)that:

The law that governs the issue(s)in a client's case may be either enacted law or case law.

Step 4 of the analytical process may include:

The object of legal analysis and legal research is to determine:

Which of the following are parts of Step 3 of the IRAC process?

Focus, as discussed in this chapter, applies to the first three steps of the IRAC process.

The identification of the rule of law is probably the most important step in the analytical process.

Before the analysis process can begin, it may be necessary to conduct preliminary research in the area of law involved in the case.

The preliminary process of gathering the facts includes:

A properly stated issue requires the inclusion of the key facts and background facts.

Which of the following are parts of Step 3 of the IRAC process?

Which of the following additional factors govern when to stop researching?

One of the objects of legal analysis is to identify the issue raised by the facts of the client's case.

Before legal analysis can begin, the preliminary preparation that must take place includes:

When is a secondary authority not needed?

Step 4 of the analytical process includes the identification of additional facts or other information that may be necessary as a result of questions raised in the analysis of the problem.

The commonly used approach to legal analysis involves three steps.

The conclusion step of the analytical process presents the application of the law to the facts of the client's case.

The legal research component of the legal analysis process is composed of the following parts:

Introduction to Legal Principles and Authorities

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 Analysisissue Identification Spotting the Issue

Legal Analysisstating the Issue

Case Law Analysisis a Case on Point

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