Question 1

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 G

Question 2

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 E

Question 3

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 A

Question 4

If the rule or principle applied in a court opinion is the same rule or principle that applies in the client's case, the opinion is on point.

Accepted Answer

A) True 
 B)False

Question 5

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

Question 6

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 7

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

Question 8

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 9

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 10

A case that is on point should be analyzed to help the attorney determine what course of action to take.

Accepted Answer

A) True 
 B)False

Question 11

A court opinion that applies a case law rule or principle different from that which applies to a client's case may apply as precedent to the client's case when:

Accepted Answer

A) There is a similarity in language between the common law rules or principles 
B) There is a similarity in function between the common law rules or principles 
C) The key facts are identical or nearly identical 
D) The court opinion is from the same jurisdiction as the client's case 
E) All of the above
F)Answers a and b above
G)Answers a, b, and c above 
A) There is a similarity in language between the common law rules or principles 
B) There is a similarity in function between the common law rules or principles 
C) The key facts are identical or nearly identical 
D) The court opinion is from the same jurisdiction as the client's case 
E) All of the above
F)Answers a and b above
G)Answers a, b, and c above

Question 12

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 13

The determination of whether a case is on point must be made before the case may apply as precedent.

Accepted Answer

A) True 
 B)False

Question 14

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

Accepted Answer

A) True 
 B)False

Question 15

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 16

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 17

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

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 court opinion that a court looks to for guidance when reaching a decision but is not bound to follow is referred to as:

Accepted Answer

A) Mandatory precedent 
B) Persuasive precedent 
C) Stare decisis 
D) On point 
E) All of the above 
A) Mandatory precedent 
B) Persuasive precedent 
C) Stare decisis 
D) On point 
E) All of the above

Question 20

A case is precedent (on point)if there is a sufficient similarity between the key facts and rule of law or legal principle of the court opinion and the matter before the subsequent court.

Accepted Answer

A) True 
 B)False

A case is on point if:

A court opinion may apply as precedent when:

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

If the rule or principle applied in a court opinion is the same rule or principle that applies in the client's case, the opinion is on point.

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

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.

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.

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.

Precedent is:

A case that is on point should be analyzed to help the attorney determine what course of action to take.

A court opinion that applies a case law rule or principle different from that which applies to a client's case may apply as precedent to the client's case when:

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

The determination of whether a case is on point must be made before the case may apply as precedent.

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

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

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

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

A court opinion that a court looks to for guidance when reaching a decision but is not bound to follow is referred to as:

A case is precedent (on point)if there is a sufficient similarity between the key facts and rule of law or legal principle of the court opinion and the matter before the subsequent court.

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 Analysisissue Identification Spotting the Issue

Legal Analysisstating 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

A case is on point if:

A court opinion may apply as precedent when:

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

If the rule or principle applied in a court opinion is the same rule or principle that applies in the client's case, the opinion is on point.

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

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.

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.

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.

Precedent is:

A case that is on point should be analyzed to help the attorney determine what course of action to take.

A court opinion that applies a case law rule or principle different from that which applies to a client's case may apply as precedent to the client's case when:

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

The determination of whether a case is on point must be made before the case may apply as precedent.

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

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

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

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

A court opinion that a court looks to for guidance when reaching a decision but is not bound to follow is referred to as:

A case is precedent (on point)if there is a sufficient similarity between the key facts and rule of law or legal principle of the court opinion and the matter before the subsequent court.

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 Analysisissue Identification Spotting the Issue

Legal Analysisstating 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