Deck 1: Critical Thinking and Legal Reasoning

Question 1

Critical thinking .

A) is the ability to understand the structure of an argument and apply a set of evaluative criteria to assess its merits
B) is the goal toward which reasoning pushes an individual
C) refers to the standards of conduct that an individual considers virtuous
D) is the comparison based on the assumption that if two things are alike in some respect, they must be alike in other respects

Answer 1

A

Question 2

A(n) is the goal toward which reasoning pushes us.

A) initiative
B) conclusion
C) analogy
D) premise

Answer 2

B

Question 3

Mike's organization manages the logistics for a petroleum company. Last month, one of its tankers spilled about one hundred tons of oil in the ocean while transporting it. Mike meets with a lawyer to understand his organization's liability in the accident, and he is relieved to hear that all the damages have to be paid by the petroleum company. Which of the following statements best describes the conclusion in this scenario?

A) Mike's firm is liable for the damages and must pay the company.
B) Mike's firm is partially responsible for the damages.
C) Mike's firm is not responsible for the damages.
D) Mike's firm is solely responsible for the damages.

Answer 3

C

Question 4

Which of the following is typically the step after identifying the issue in legal reasoning?

A) looking for evidence of relevant missing information
B) analyzing the legal analogies
C) stating the reasons and conclusion of the issue
D) stating the relevant rules of law

Question 5

The stimulus that initiates legal reasoning is known as the .

A) conclusion
B) reason
C) norm
D) issue

Question 6

Indoctrination refers to the ability to understand what someone is saying and then to ask specific questions enabling you to evaluate the quality of the reasoning offered to support whatever advice someone has given you.

Question 7

Business firms encounter legal in the form of laws or court decisions and in the advice they receive from people with formal legal training.

A) deductions
B) inductions
C) reductions
D) conclusions

Question 8

Define critical thinking and discuss the importance of critical thinking skills in business.

Question 9

A preconceived notion is a position or stance on an issue, the takeaway that the person giving you the advice wants you to believe.

Question 10

Which of the following statements best illustrates the use of critical thinking skills by a lawyer?

A) A lawyer raises a courtroom objection when her opponent engages in critical commentary about an opponent without prior permission of the judge.
B) A lawyer develops a closing argument using visual aids that is likely to impress a jury comprised of ordinary citizens.
C) A lawyer approaches a difficult problem by gathering all relevant facts, determining the real issue in dispute, and applying reason to reach a conclusion.
D) A lawyer scientifically analyzes the handwriting of a defense witness to determine the potential for bias.

Question 11

The reason is a position or stance on an issue, the takeaway that the person giving the advice wants the other person to believe.

Question 12

Martin, an entrepreneur, has been facing an employee union strike at his factory for the past four weeks. Last week, the laborers from his factory entered his home without his consent to list out their demands to him while insisting on better working conditions for the employees. Martin consulted his lawyer who was of the opinion that the committed offense was criminal in nature. Which among the following statements best describes the issue in this scenario?

A) the employee union striking at Martin's factory
B) What is the reason for the employee union strike?
C) the employees asking for better working conditions
D) Are union organizers permitted to enter an employer's property?

Question 13

A(n) is a position or stance on an issue, the "takeaway" that the person giving you the advice wants you to believe.

A) deduction
B) induction
C) reduction
D) conclusion

Question 14

The one characteristic shared by many forms of critical thinking is the focus on the quality of an individual's .

A) reasoning
B) past conclusions
C) stand on the issue
D) ethical values

Question 15

Critical thinking is inactive because it discourages people from forming judgments about the quality of the link between someone's reasons and conclusions.

Question 16

When people engage in legal reasoning, the stimulus that gets them thinking is called the conclusion.

Question 17

Which of the following is the last step to legal reasoning in the critical thinking model?

A) stating the relevant rules of law
B) looking for evidence of relevant missing information
C) stating the reasons and conclusion of the issue
D) evaluating the facts of the case

Question 18

Which of the following is the first step to legal reasoning in the critical thinking model?

A) stating the relevant rules of law
B) looking for evidence of relevant missing information
C) analyzing the legal analogies
D) stating the facts of the case

Question 19

Which of the following statements best illustrates a conclusion?

A) the opening argument delivered by the defendant's lawyer to the jury
B) the most important evidence offered by an eyewitness
C) the action of a lawyer in objecting to unconvincing testimony
D) the judge's written decision in favor of the plaintiff or defendant at the end of a trial

Question 20

Issues are stated as questions because they .

A) reduce the complexity of the situation
B) are a call for action
C) are clearly defined and not open to interpretations
D) speed up the legal process

Question 21

Which of the following best describes a legal issue?

A) A legal issue is the ultimate reasoning behind a judge's final decision.
B) A legal issue is the set of facts by which the lawyers and their clients assist the judge in reaching a final decision.
C) A legal issue is the question that caused the lawyers and their clients to enter the legal system.
D) A legal issue is an ethical norm fundamental to the court's decision.

Question 22

A(n) word is one capable of having more than one meaning in the context of certain facts.

A) ambiguous
B) definite
C) certain
D) hypothetical

Question 23

The ethical norm of includes possessing the capacity or resources to act as one wishes.

A) freedom
B) security
C) justice
D) efficiency

Question 24

Which of the following is true of the eight steps to legal reasoning?

A) All of the eight steps are foundational steps.
B) The first four steps are the critical thinking steps and the final four steps are the foundational steps.
C) The first four steps are the foundational steps and the final four steps are the critical thinking steps.
D) All of the eight steps are critical thinking steps.

Question 25

Which of the following questions is a critical thinking step to legal reasoning?

A) analyzing the legal analogies
B) stating the facts of the case
C) determining the issue
D) stating the relevant rules of law

Question 26

The first four steps in the legal reasoning model are referred to as the critical thinking components.

Question 27

Which among the following is a foundational step to legal reasoning?

A) looking for evidence of relevant missing information
B) determining the reasons and conclusion to an issue
C) analyzing the legal analogies
D) verifying if the legal argument contains significant ambiguity

Question 28

provide the context in which the legal issue is to be resolved.

A) Conclusions
B) Assumptions
C) Facts
D) Deductions

Question 29

The most basic building blocks in a legal decision or argument are the .

A) conclusions
B) deductions
C) assumptions
D) facts

Question 30

Which of the following statements best defines "conclusion"?

A) It is the answer to a legal issue.
B) It is the most basic component of a legal decision.
C) It is the stimulus that initiates legal reasoning.
D) It is the main issue presented in a legal argument.

Question 31

"What are the reasons and conclusion?" is typically the final step in the legal reasoning model.

Question 32

The primary norms that influence judges' decisions are justice, stability, freedom, and efficiency.

A) ethical
B) illusory
C) contextual
D) procedural

Question 33

The purpose of the last four steps in the legal reasoning model is to discover the vital elements in the case and the reasoning behind the decision.

Question 34

List the eight steps of legal reasoning.

Question 35

List the eight steps in the critical thinking model.

Question 36

Janet, a lawyer, has been assigned to work on a money laundering case. She has collected the facts and understood the issue. According to the eight steps to legal reasoning, which of the following will be her next step?

A) verifying if the legal argument contains significant ambiguity
B) looking for evidence of relevant missing information
C) stating the reasons and conclusion of the issue
D) analyzing the ethical norms fundamental to the court's reasoning

Question 37

The ethical norm of includes achieving the psychological condition of self- confidence such that risks are welcomed.

A) freedom
B) security
C) justice
D) efficiency

Question 38

Which of the following statements best summarizes the first four steps to legal reasoning?

A) understanding the client, preparing the legal paperwork, appearing in court, and arguing the case
B) drafting the summons, drafting the complaint, preparing the answer, and filing documents in court
C) finding the facts, determining the issue, reasoning to a conclusion, and applying the relevant rules of law
D) raising an objection, explaining the reasons for the objection, waiting for the judge's ruling, and proceeding with the testimony

Question 39

"What are the facts?" is typically the first step in the legal reasoning model.

Question 40

Which of the following statements best describes facts in legal reasoning?

A) Facts are the most basic building blocks in a legal decision or argument.
B) Facts are words used to describe the reasons for reaching conclusions in a complex legal dispute.
C) Facts are the issues in a dispute, which is the bone of contention between two opposing litigants.
D) Facts are the position or stance on an issue.

Question 41

Judges can offer any reasoning they please.

Question 42

With reference to ethical norms, to minimize costs is a form of .

A) freedom
B) efficiency
C) security
D) justice

Question 43

The ethical norm of includes possessing anything that someone else was willing to grant you.

A) freedom
B) security
C) justice
D) efficiency

Question 44

Which of the following is important in order to be comfortable with a particular analogy?

A) The independent evidence in the current case should be different from the independent evidence in the precedent.
B) The independent evidences of different cases should not be compared.
C) The independent evidence in the current case should be similar to the independent evidence in the precedent.
D) The independent evidence in the precedent should be discarded.

Question 45

Justice, stability, freedom, and efficiency are _ ethical norms.

A) primary
B) secondary
C) conditional
D) tertiary

Question 46

The ethical norm of includes minimizing costs.

A) freedom
B) security
C) justice
D) efficiency

Question 47

A judge wants to encourage people to act without restriction from rules imposed by others. Which of the following ethical norms is the judge emphasizing?

A) security
B) freedom
C) justice
D) efficiency

Question 48

Precedents are the on which legal decision making depends.

A) analogies
B) obstacles
C) legislation
D) prohibitions

Question 49

Johnson, a lawyer, is representing a male homosexual worker who was sexually harassed by a male heterosexual worker at his workplace. Which of the following statements is the best example of an appropriate legal analogy?

A) a case precedent that finds the law protects heterosexuals from gender discrimination in the workplace
B) a case precedent that finds the law protects heterosexual males from being harassed by heterosexual males in the workplace
C) a case precedent that finds the law protects homosexuals of either gender from being harassed by heterosexual supervisors of either gender
D) a case precedent that finds the law does not protect homosexuals from harassment during off duty hours

Question 50

Reasons are the explanations or justifications provided as support for a conclusion.

Question 51

The ethical norm of includes treating all humans identically, regardless of class, race, gender, or age.

A) freedom
B) security
C) justice
D) efficiency

Question 52

Which of the following statements best explains why it is important to search for relevant missing information?

A) All information is relevant, even if the information is not discussed in the judge's final decision.
B) Missing information generally proves that one of the parties is trying to hide something.
C) If relevant information is missing, the subsequent reasoning may be faulty because it will not rest squarely on all relevant facts.
D) Ethical norms are generally based on relevant missing information.

Question 53

With reference to ethical norms, to provide the order in business relationships that permits predictable plans to be effective is a form of .

A) security
B) justice
C) freedom
D) efficiency

Question 54

Which of the following statements is true about rules of law?

A) Legal reasoning is complex because statutes and findings are never crystal-clear.
B) Judges and businesspeople do not have room for interpretive flexibility in their reasoning.
C) Judges can offer any reasoning they please.
D) They tend to cloud a judge's reasoning, and should be avoided when reaching a decision.

Question 55

Lawyers and judges typically use analogies .

A) to maximize costs for trials
B) for critical legal reasoning
C) as substitutes for the facts of the case
D) to compare the facts of legal precedents to the facts of the case at hand

Question 56

Facts provide the context in which the legal issue is to be resolved.

Question 57

The ethical norm of includes getting the most from a particular input.

A) freedom
B) security
C) justice
D) efficiency

Question 58

The fact is the question that caused the lawyers and the clients to enter the legal system.

Question 59

A court ruled that a town government can condemn private homes so that the homes can be torn down and the land can be used by local developers to build offices, restaurants and stores, which will increase the tax revenues of the town. Which of the following ethical norms is illustrated in this scenario?

A) freedom
B) security
C) justice
D) efficiency

Question 60

With reference to ethical norms, to receive the product of your labor is a form of .

A) freedom
B) efficiency
C) security
D) justice

Question 61

Which of the following is the best example of a conclusion in an employment discrimination case?

A) The employee was terminated.
B) The employee worked for the company for 2 years.
C) The employee did an interview for a local newspaper supporting a political candidate.
D) The employee is entitled to $50,000 for damages.

Question 62

An attorney hires a private investigator to question all eyewitnesses to a traffic accident. She decides not to engage in legal research until she sees the private investigator's report. Based on this scenario, the attorney is .

A) gathering facts
B) researching the relevant rules of law
C) crafting a legal analogy
D) reasoning to the final conclusion

Question 63

A standard of conduct is called a(n) .

A) issue
B) conclusion
C) reason
D) norm

Question 64

A norm is an expected standard of .

A) appeal
B) deviation
C) conduct
D) aberration

Question 65

An ambiguous word is one capable of having more than one meaning in the context of the facts.

Question 66

The four primary ethical norms include freedom, stability, , and efficiency.

A) profit
B) justice
C) collective memory
D) collective purpose

Question 67

List the various forms of the ethical norms of security and justice.

Question 68

Which of the following illustrates Emerson's observation that "to be understood is a rare luxury"?

A) The phrase "public safety" is clearly understood, because everyone knows the meaning of both words.
B) The phrase "public safety" is rarely used, because the concept of security is an ethical norm.
C) The phrase "public safety" represents an ethical norm that is a rare luxury, because the public rarely feels safe.
D) The phrase "public safety" seems clear at first glance, but on pondering its various interpretations, one realizes that it is not so clear.

Question 69

Which of the following statements best explains why legal arguments often contain significant ambiguity?

A) Legal arguments are expressed in words, and words rarely have the clarity one presumes.
B) Lawyers purposely distort the facts of each case in order to assist their clients in appearing favorable before a jury.
C) Ambiguity is an important goal of critical thinking.
D) Judges choose ambiguous statutes and precedents in order to reach proper and flexible rules of law.

Question 70

Which of the following statements is true of a legal issue?

A) The legal issue is determined by the judge based on the conclusion the judge hopes to reach.
B) Forming an issue in a very broad or an extremely narrow manner has implications for the scope of the effect stemming from the eventual decision.
C) Forming the legal issue is a minor feature of critical legal reasoning and takes its place of importance behind the formation of ethical norms and rules of law.
D) The legal issue should be based on relevant missing information.

Question 71

Efficiency norms aid in maximizing the amount of wealth in our society.

Question 72

Freedom norms provide the order in business relationships that permits predictable plans to be effective.

Question 73

Which of the following statements best describes the risk associated with ambiguity in legal reasoning?

A) Ambiguity adds flexibility to the court's decisions.
B) Ambiguity frustrates those who have to read the reasoning.
C) The precedent is ignored because nobody wants to deal with the ambiguity.
D) The meaning of the precedent can change depending on the interpretation given to the court's decision by other courts and attorneys.

Question 74

State reasonable perspectives concerning the correct way to word the issue in dispute.

Question 75

Standards of conduct that are considered good or virtuous are called .

A) issues
B) conclusions
C) analogies
D) ethical norms

Question 76

Why is it important to identify any significantly ambiguous words when reading a legal case?

Question 77

Which of the following statements is true about finding a legal conclusion?

A) Legal conclusions should generally be found before relevant information is determined.
B) Legal conclusions should be based on analogies and ethical norms rather than statutes, whenever possible.
C) The issue can be used as a helper in order to find a legal conclusion.
D) One should begin with an analogy to justice and freedom in order to find a legal conclusion.

Question 78

The relevant rules of law are obtained from .

A) legal dictionaries
B) case manifests
C) legal precedents
D) the values of the judge

Question 79

Security norms aid in receiving the product of your labor.

Question 80

The four primary ethical norms include freedom, stability, justice, and .

A) retribution
B) efficiency
C) collective identity
D) collective conscience