Deck 8: Legal Writing: Form and Substance

Question 1

Why is it important to have access to a legal dictionary such as Black's Law Dictionary?

A)Some words such as "trusts" or "consideration" have specific law meanings that are not necessarily the same as their meaning in ordinary speech
B)Many paralegals have trouble with spelling
C)Attorneys often quiz their paralegals on law terminology
D)All of these choices are correct

Answer 1

A

Question 2

As a paralegal you will probably have to draft which of the following?

A)Resolutions
B)Legislative propositions
C)Pleadings
D)All of these choices are correct

Answer 2

C

Question 3

Which of the following are types of documents that paralegals prepare?

A)Pleadings and discovery
B)General legal correspondence
C)Internal legal memoranda
D)Pleadings and discovery and internal legal memoranda
E)All of these choices are correct

Answer 3

E

Question 4

Which of the following statements is true about writing and the law?

A)Writing is not important to law at all
B)The law is a communication-intensive profession, but now most communication is done by phone
C)The law is a communication-intensive profession, and writing is particularly important
D)The law is a communication-intensive profession, but the writing involved is all done by attorneys and not by paralegals

Question 5

Which of the following statements is true of drafting pleadings and discovery?

A)Only attorneys draft pleadings and discovery
B)Form books provide the proper format for these documents in all courts
C)Computerized forms provide the appropriate format for these documents in all courts
D)Knowing the court rules for the court in which the documents will be filed will ensure the proper format

Question 6

Which of the following is an important writing resource for paralegals?

A)Black's Law Dictionary
B)The Bluebook: A Uniform System of Citation
C)The Redbook: A Manual on Legal Style
D)Black's Law Dictionary and The Bluebook: A Uniform System of Citation
E)All of these choices are correct

Question 7

A balanced discussion of an issue or a neutral summary of facts is called:

A)Persuasive analysis
B)Objective analysis
C)Fair analysis
D)Two-sided analysis

Question 8

Objective analysis requires:

A)A balanced discussion of an issue or a neutral summary of facts
B)A favorable argument for a client
C)At least five unbiased primary sources
D)A one-sided review of an issue

Question 9

Because paralegals are often expected to research and write about issues in a short time, it is important to:

A)Understand assignments so you can work efficiently
B)Not bother your supervisor with questions regarding the assignment
C)Know the deadline for the assignment
D)Understand assignments so you can work efficiently and know the deadline for the assignment
E)All of these choices are correct

Question 10

Attorney Martin gives paralegal Pam a real-estate purchase agreement to review and analyze and asks her to point out the obligations that the client will assume if the client signs the agreement.What type of writing approach would Pam use?

A)Advocacy approach
B)Synthesis approach
C)Objective analysis approach
D)None of these choices are correct

Question 11

As a paralegal you will probably not have to draft which of the following?

A)Letters
B)Legislative propositions
C)Pleadings
D)All of these choices are correct

Question 12

As a paralegal you will probably not have to draft which of the following?

A)Letters
B)Internal legal memoranda
C)Pleadings
D)None of these choices are correct

Question 13

When writing a persuasive document you must:

A)Present the law from many different perspectives
B)Advocate for the client through a favorable presentation of the law, issues, and facts
C)Use only primary sources
D)Present the law from many different perspectives and use only primary sources

Question 14

Which of the following are useful writing tools?

A)A dictionary
B)A thesaurus
C)A style manual
D)A dictionary and a thesaurus
E)All of these choices are correct

Question 15

Which of the following does a paralegal need to understand when accepting a writing assignment?

A)The nature of the assignment
B)The date the assignment must be completed
C)The type of writing approach appropriate to the assignment
D)The nature of the assignment and the type of writing approach appropriate to the assignment
E)All of these choices are correct

Question 16

Which of the following would a paralegal be unlikely to use when writing?

A)A dictionary
B)A thesaurus
C)A style manual
D)None of these choices are correct

Question 17

Complicated legal analyses often require the creation of to facilitate the creation of a well-organized document.

A)An outline
B)A summary
C)A bibliography
D)A header

Question 18

As a paralegal you will probably have to draft which of the following?

A)Letters
B)Internal legal memoranda
C)Pleadings
D)All of these choices are correct

Question 19

Attorney Topp gives you a writing assignment.It is important that you:

A)Learn the nature of the assignment
B)Learn when it needs to be completed
C)Determine what kind of writing approach the assignment calls for
D)All of these choices are correct

Question 20

Client Julia wants advice about which of two lease agreements is better for her. As a paralegal working on this, you should use when comparing the documents for your supervising attorney's review.

A)Objective analysis
B)Persuasive argument
C)Fair analysis
D)Lease analysis

Question 21

The subject of a passive-voice sentence is:

A)The person or thing that is acting
B)The person or thing being acted on
C)There is no subject in a passive-voice sentence
D)The second person or thing mentioned in the sentence

Question 22

A well-written paragraph should begin with:

A)A conclusion
B)A topic sentence
C)An idea from the previous paragraph
D)A noun

Question 23

Verbs that have been transformed into nouns are called:

A)Adjectives
B)Nominalizations
C)Nounizations
D)Passive verbs

Question 24

A is a group of sentences that develops a particular idea.

A)Paragraph
B)Citation
C)Sentence block
D)Note

Question 25

When writing, it is important to organize the material:

A)Chronologically
B)Alphabetically
C)Logically
D)Complexly

Question 26

Different legal documents may have different format requirements.Documents to be filed with a court must conform to the of the particular jurisdiction.

A)Outline
B)Structural devices
C)Margins
D)Procedural rules

Question 27

Which of the following is an example of a passive-voice sentence?

A)The plaintiff filed a motion to exclude evidence
B)The plaintiff entered the court
C)A motion to exclude evidence was not filed by the plaintiff
D)The plaintiff entered the court and a motion to exclude evidence was not filed by the plaintiff

Question 28

Structural devices that make it easier for the reader to follow the discussion in a complex legal document include:

A)Headings and subheadings
B)Numbered or bulleted lists
C)Arranging events chronologically
D)Headings and subheadings and numbered or bulleted lists
E)All of these choices are correct

Question 29

Which of the following sentences is grammatically correct?

A)The plaintiff should of told the defendant
B)You're hearing will be on December 15th
C)The plaintiff's allegations are vague
D)The plaintiff should of told the defendant and The plaintiff's allegations are vague

Question 30

Which of the following is not an example of an active-voice sentence?

A)The plaintiff filed a motion to exclude evidence
B)A motion to exclude evidence was filed by the plaintiff
C)The plaintiff won the case
D)The judge decided in favor of the defendant

Question 31

The subject of an active-voice sentence is:

A)The person or thing that is acting
B)The person or thing being acted on
C)There is no subject in an active-voice sentence
D)The second person or thing mentioned in the sentence

Question 32

Which of the following is an example of an active-voice sentence?

A)The plaintiff filed a motion to exclude evidence
B)A motion to exclude evidence was filed by the plaintiff
C)A motion to exclude evidence was not filed by the plaintiff
D)A motion to exclude evidence was filed by the plaintiff and a motion to exclude evidence was not filed by the plaintiff

Question 33

Which of the following is an example of a transitional word used when indicating a series of ideas?

A)First
B)Second
C)Then
D)First and second
E)All of these choices are correct

Question 34

Which of the following is a transitional word indicating a continuation of an idea?

A)Also
B)First
C)Hence
D)First and hence

Question 35

Which of the following statements is true about paragraphs?

A)A paragraph is a group of sentences that develops an idea
B)A paragraph should have unity and coherence
C)A paragraph should begin with a topic sentence and should use transitions
D)A paragraph is a group of sentences that develops an idea and a paragraph
E)All of these choices are correct

Question 36

Sentences that do not relate to a paragraph's topic should be:

A)Typed in smaller font
B)Put in quotation marks
C)Surrounded by parentheses
D)Moved to another part of the document or deleted

Question 37

Which of the following statements is true about writing sentences?

A)A large proportion of short, concrete sentences should be used
B)Active verbs should be used
C)Correct grammar, punctuation, and spelling should be used
D)Active verbs should be used and correct grammar, punctuation, and spelling should be used
E)All of these choices are correct

Question 38

Organization is essential to effective legal writing, so you should have an organizational framework, such as a(n) , in mind before you begin writing.

A)Structural device
B)Outline
C)Format
D)Rule

Question 39

Which of the following sentences is not grammatically correct?

A)The plaintiff should of told the defendant
B)You're hearing will be on December 15th
C)The plaintiff's allegations are vague
D)The plaintiff should of told the defendant and You're hearing will be on

Question 40

Nominalizations are:

A)Verbs that have been transformed into nouns
B)Adjectives that have been transformed into nouns
C)Passive verbs
D)Prepositions that have been transformed into nouns

Question 41

Many paralegals assigned a legal-writing task find it difficult to make the transition from the research stage to the drafting stage.To make the writing process easier, you might:

A)Move to another part of the assignment, if you become stuck
B)Begin with a part of the assignment about which you feel confident
C)Avoid trying to make the first draft the final draft
D)Move to another part of the assignment, if you become stuck and begin with a part of the assignment about which you feel confident
E)All of these choices are correct

Question 42

is a crucial part of legal writing that helps you prepare a clear, complete, and error-free document.

A)Creating and editing
B)Researching and typing
C)Proofreading and revising
D)Analyzing and synthesizing

Question 43

Which of the following terms is appropriate in a document intended for lay people?

A)Voir dire
B)Jury selection
C)Hereof
D)Thereto

Question 44

Legalese is:

A)A code language for paralegals
B)A form of legal shorthand
C)Legal terms and phrases that may be unfamiliar to laypeople
D)Legal language for lay people

Question 45

When writing, you should try to quotations.

A)Minimize
B)Maximize
C)Duplicate
D)Enhance

Question 46

Which of the following is a way to avoid using sexist language?

A)Use "he or she" rather than "he"
B)Alternate between masculine and feminine pronouns
C)Make the noun plural so a gender-neutral pronoun can be used
D)All of these choices are correct

Question 47

A sentence written in a subject-verb-object structure is written in the:

A)Active voice
B)Passive voice
C)Dynamic voice
D)Nominalized voice

Question 48

is legal language that can be difficult for the general public to understand.

A)Manganese
B)Legalese
C)Terminology
D)Plain English

Question 49

Paralegals prepare legal documents and correspondence for a wide range of people.It is important to tailor the writing to the:

A)Judges
B)Lawyers
C)Clients
D)Intended audience

Question 50

, such as "all the rest, residue, and remainder," should be minimized in legal writing.

A)Legalese
B)Terminology
C)Plain English
D)Redundancies

Question 51

A sentence written in the may be helpful if the writer wants to avoid identifying the actor or doer.

A)Active voice
B)Passive voice
C)Dynamic voice
D)Nominalized voice

Question 52

The time factor is an important consideration in legal writing.Sometimes you will be required to submit writings to a court by a certain date, which:

A)Changes frequently
B)Is inflexible
C)Demands a quick response
D)Is flexible

Question 53

A paralegal may be involved in drafting many kinds of legal documents, including letters, pleadings, and legal memos.basic principles of writing apply to all.

A)The same
B)Different
C)Opposite
D)Contradictory

Question 54

When the language itself does not matter, you should:

A)Use a direct quotation
B)Paraphrase quotations in your own language
C)Use a combination of quotations and your own language
D)Use legalese

Question 55

Which of the following is a gender-neutral word?

A)Fireman
B)Policeman
C)Police officer
D)Workwoman

Question 56

The used in legal writing varies, depending on the specific objectives of the document you are supposed to create.

A)Writing style
B)Format
C)Methodological approach
D)Format and methodological approach
E)All of these choices are correct

Question 57

Writing effectively requires efficiency in word usage.Concise statements are much more than sentences with too many words.

A)Clear
B)Powerful
C)Persuasive
D)All of these choices are correct

Question 58

Which of the following is not a gender-neutral word?

A)Firefighter
B)Policeman
C)Police officer
D)Worker

Question 59

To avoid sexist language, words such as policeman, fireman, or workmen's compensation can often be written using a:

A)Masculine pronoun
B)Gender-neutral substitute
C)Feminine pronoun
D)Masculine noun

Question 60

Which of the following is a useful tool for writing in plain English?

A)A Plain English Handbook
B)Federal Plain Language Guidelines
C)Roger's Supreme Plain English
D)A Plain English Handbook and Federal Plain Language Guidelines
E)All of these choices are correct

Question 61

The formal greeting to the addressee of the letter is called the:

A)Address block
B)Reference line
C)Salutation
D)Body and closing

Question 62

The main part of the letter is called the of the letter.

A)Address block
B)Salutation
C)Body
D)Closing

Question 63

In legal correspondence, you should generally call the addressee by "Mr." or "Ms." because:

A)The ABA requires it
B)Legal correspondence is a professional means of communication
C)You do not want to be accused of sexual harassment
D)Court rules require it

Question 64

Which of the following is the general format for legal correspondence?

A)Heading, statement of facts, questions presented, brief conclusion, discussion and analysis, conclusion
B)Date, address block and method of delivery, reference line, salutation, body, closing
C)Title page, table of contents, table of authorities, statement of jurisdiction, questions presented, statement of claim, argument, relief sought
D)None of these choices are correct

Question 65

Paralegals often draft letters to which of the following?

A)Clients
B)Witnesses
C)Opposing counsel
D)Clients and opposing counsel
E)All of these choices are correct

Question 66

Which of the following might be done through e-mail correspondence?

A)Tell a client about recent developments in a case
B)Send electronic copies of documents to a witness
C)Confirm the details of a conversation
D)All of these choices are correct

Question 67

The part of the letter that is placed in the upper left-hand corner of the letter above the salutation or reference line and indicates to whom the letter is addressed is called the:

A)Reference line and salutation
B)Method of delivery and address block
C)Salutation
D)Body and closing

Question 68

Why is having an accurate date on legal correspondence important when filing documents?

A)Legal correspondence is normally filed chronologically
B)All documents must be filed on the day they are created
C)The ABA requires all filed documents to be dated
D)All of these choices are correct

Question 69

Which of the following would be likely to be on a firm's letterhead?

A)Firm name
B)Address
C)Phone number
D)All of these choices are correct

Question 70

Why is it important to include the date on legal correspondence?

A)Because the letter would be incomplete without it
B)Many people are careless after the turn of the year and continue to use the preceding year
C)The date may be important in matters involving legal notice of a particular event
D)None of these choices are correct

Question 71

When a letter is to be signed by an attorney, you should include a line saying:

A)Attorney at Law
B)Sanctioned by an Attorney
C)Lawyer
D)J.D.

Question 72

In writing a legal document, presenting the facts and issues in the light most favorable to your client is called the approach.

A)Unbiased
B)Objective
C)Advocacy
D)Synthesis

Question 73

The portion of the letter that is placed just below the address block and above the salutation and indicates the matter to be discussed in the letter is called the:

A)Reference line
B)Method of delivery and address block
C)Body and closing
D)Date

Question 74

Paralegal Rob prepares a letter to a witness indicating the date, time, and location of the court in which the witness is required to appear to testify and encloses a subpoena.Paralegal Rob has prepared which of the following types of legal letters?

A)A demand letter
B)An opinion letter
C)A confirmation letter
D)An informative letter

Question 75

A law firm's includes the firm's name, address, phone and fax numbers, and e-mail address, and sometimes the names of partners or the various geographic locations in which the firm has offices.

A)Business cards
B)Memoranda
C)Stationery
D)Letterhead

Question 76

When a paralegal sends out correspondence written by the paralegal on behalf of the firm, the paralegal should always include:

A)A reference line
B)A salutation
C)A closing
D)The paralegal's title

Question 77

In writing a legal document, focusing on the facts or presenting a balanced discussion of both sides of an issue is called the approach.

A)Objective
B)Advocacy
C)Persuasive
D)Synthesis

Question 78

A letter that conveys information to a client, witness, or other person regarding a legal matter is called:

A)An informative letter
B)A confirmation letter
C)An opinion letter
D)A demand letter

Question 79

Paralegals do not draft letters to which of the following?

A)Clients
B)Witnesses
C)Opposing counsel
D)None of these choices are correct

Question 80

Which of the following should be included in the address block?

A)The addressee's name
B)The addressee's title
C)The name of the addressee's business
D)All of these choices are correct