Deck 17: Office Legal Memorandum: Analysis to Conclusion

Question 1

The analysis section must include a discussion of how the law applies to the facts of the client's case.

Answer 1

True

Question 2

Whenever persuasive authority is presented, the reasons for its use must be indicated.

Answer 2

True

Question 3

In some instances, the rule of law can be directly applied to the facts of the client's case, and case law is not required.

Answer 3

True

Question 4

The presentation of the facts in the analysis section of an office legal memorandum is the same as the presentation of the facts in a case brief.

Question 5

The analysis section should begin with the presentation of the case that governs the issue.

Question 6

There should always be a rebuttal to counteranalysis.

Question 7

Counteranalysis should always be included in the analysis section.

Question 8

When presenting case law, the recommended format is to begin with a presentation of the facts of the case that demonstrate that the case is on point.

Question 9

Introductory and transitional sentences are included in the analysis section.

Question 10

The analysis section includes the issue, rule of law, analysis, and application of the rule of law to the facts.

Question 11

The analysis section of an office legal memorandum is the discussion section.

Question 12

When introducing statutory law in the analysis section, only the relevant portions of the law should be included.

Question 13

In some formats, recommendations are included after the brief answer.

Question 14

If it is clear that the rule of law applies directly to the facts of the client's case, it is not necessary to check the case law.

Question 15

The rule of law that governs the issue may be enacted law or a court-adopted rule of law.

Question 16

The analysis section includes a mini-conclusion.

Question 17

When there are several cases on point, it is necessary to discuss each case thoroughly.

Question 18

The conclusion should be crafted so that the reader may obtain from it all the law that applies and how it applies.

Question 19

When the rule of law involves both general and specific sections, the specific section is presented first.

Question 20

When there are multiple rules of law that apply, the citation to each rule must be included when they are presented in the analysis section.

Question 21

The recommended format for the analysis section of an office legal memorandum includes the:

A)Issue
B)Rule of law
C)Application of the law to the client's facts
D)Conclusion
E)All of the above
F)Answers b and c above
G)Answers b, c, and d above

Question 22

When preparing the analysis section:

A)Always use introductory and transitional sentences
B)Always indicate the reasons you are relying on persuasive authority
C)When there are several cases on point, discuss each case thoroughly
D)In many instances, you may not be able to provide a yes or no answer as to how an issue may be resolved
E)All of the above
F)Answers a, b, and c above
G)Answers a, b, and d above

Question 23

In regard to case law and the analysis section of an office legal memorandum:

A)In some instances statutory law can be applied directly to the facts, and case law is not necessary.
B)In some instances, it is not necessary to research case law when a statute clearly applies
C)Case law links the rule of law and the issue raised by the client's facts
D)The analysis section usually begins with the presentation of the case on point
E)All of the above
F)Answers a and c above
G)Answers a, b, and c above

Question 24

The standard format for the analysis section of a memo includes:

A)Counteranalysis.
B)Application of the rule.
C)Interpretation of the rule.
D)Conclusion.
E)Recommendations
F)Answers a, b,  and c.
G)Answers b, c, and d.

Question 25

When presenting case law in the analysis section:

A)Present the facts of the case, followed by the citation, and then the applicable rule of law adopted by the court
B)Present the applicable rule of law adopted by the court, followed by the citation, and then the facts of the case
C)Present the citation, followed by the applicable rule of law adopted by the court, and then the facts of the case
D)Present the citation, followed by the facts of the case, and then the applicable rule of law adopted by the court

Question 26

In regard to counteranalysis:

A)There may be situations in which counteranalysis is not necessary
B)Analysis is not complete unless there is counteranalysis
C)Rebuttal is always required when there is counteranalysis
D)There may be situations in which rebuttal is not required
E)Answers a and d above
F)Answers b and c above
G)Answers b and d above

Question 27

The analysis section begins with a presentation of:

A)The case that is on point
B)The rule of law that governs the issue
C)A summary of the key facts
D)The presentation of the issue
E)All of the above

Question 28

Headings provide

A)overall structure of the assignment.
B)guide the reader.
C)guide the preparation of the table of contents.
D)include introductory sentences.
E)All of the above.
F)Answers a, b, and c.
G)Answers a and c.

Question 29

If there are several cases on point,

A)present and discuss thoroughly each case.
B)present and discuss the most recent case.
C)refer to the other cases in great detail.
D)choose one and present and discuss it.

Question 30

Why are paragraphs needed?

A)They inform the reader of what is to follow.
B)They connect sections, subsections, and related content.
C)They add coherence and make the memo more readable.
D)They provide a definite yes or no answer as to how problems may be resolved.
E)All of the above.

Question 31

In regard to the conclusion section:

A)Some law firms do not require a separate conclusion section
B)It should not include new information
C)It should include a summary of all the law discussed in the analysis section
D)A reader should be able to obtain all essential information, such as the applicable law, from the conclusion
E)All of the above
F)Answers a, b, and c above
G)Answers b, c, and d above

Question 32

In regard to the recommendations section:

A)Not all law firms require a recommendations section
B)In some formats, it is included in the analysis section
C)Recommendations may include what the next step in the case should be
D)Recommendations may include the identification of additional research that may be necessary
E)All of the above
F)Answers a, c, and d above
G)Answers c and d above

Question 33

In regard to the presentation of the rule of law in the analysis section:

A)When there are multiple rules of law that apply, a citation to each rule must be included
B)When the rule of law involves both general and specific sections, the specific section should be presented first
C)The rule of law may be paraphrased
D)When the law is lengthy, only the relevant portions should be included
E)All of the above
F)Answers a, c, and d above
G)Answers b and d above

Question 34

When preparing an office memo, it is essential to produce a professional product.  This demands

A)an organized assembly of the research.
B)an error-free final product.
C)thorough research and analysis
D)a brief discussion of the case.
E)All of the above.
F)Answers a, b,  and c.
G)Answers b, c, and d.

Question 35

In regard to the presentation of case law in the analysis section:

A)Include the same amount of factual information in the analysis section as you would in a case brief
B)Quote language of the court when practical
C)The memo flows more smoothly if the applicable rule of law from the case is presented last
D)Avoid using too many quotations
E)All of the above
F)Answers b and c above
G)Answers b, c, and d above