Deck 18: External Memoranda: Court Briefs

Question 1

The conclusion section of a trial court brief may be as short as a single sentence.

Answer 1

True

Question 2

The individual who opposes an appeal is called the appellee.

Answer 2

True

Question 3

The fundamental principles that apply to the preparation of office legal memoranda also apply to the preparation of court briefs.

Answer 3

True

Question 4

In a court brief, the fact component of the issue and the statement of facts should be stated persuasively.

Question 5

The statement of facts section of a court brief presents the facts unfavorable to the client's position at the end of the statement.

Question 6

The argument section of a trial court brief should begin with a preliminary statement.

Question 7

In a court brief, the law component of the issue should be stated in an objective manner.

Question 8

Under Rule 3.3(A) (3)of the Model Rules of Professional Conduct, an attorney has an ethical duty to disclose legal authority that is adverse to the position of the client and is not disclosed by the opposing counsel.

Question 9

In the argument section, the counteranalysis always should be followed by a rebuttal.

Question 10

The organizational approach to the legal analysis of an issue in a court brief differs from that of an office legal memorandum.

Question 11

Short sentences should be used to emphasize favorable information.

Question 12

The basic format of a court brief is different from that of an office legal memorandum.

Question 13

The major difference between a court brief and an office legal memorandum is the presentation of the format and content.

Question 14

Every brief submitted to a trial court requires a caption.

Question 15

The format and style of an appellate brief is strictly governed by appellate court rules.

Question 16

Trial court briefs are usually subject to time constraints.

Question 17

A court brief is an advocacy document.

Question 18

Point headings are a summary of the position advocated in the argument and the counterargument.

Question 19

Appellate court rules may establish the type of paper used for the brief.

Question 20

A trial court brief should consist of a short, concise presentation of the law, because trial court judges are usually busy.

Question 21

In regard to the persuasive presentation of information in court briefs:

A)The facts component of the issue should be stated objectively
B)The key facts should be stated persuasively in the facts section
C)Point headings should be presented persuasively
D)Unfavorable material should be placed at the end of the argument
E)All of the above
F)Answers b and c above
G)Answers a, b, and d above

Question 22

For appellate court briefs, an appellate court rules may establish the:

A)Type of paper used
B)Citation format
C)Maximum length of the brief
D)Sections that must be included
E)All of the above
F)Answers b and d above
G)Answers b, c, and d above

Question 23

In the statement of facts section of a court brief:

A)Include both key facts and background facts
B)Place facts unfavorable to the client's position at the end of the facts section
C)Use short sentences to emphasize unfavorable information
D)Use objective words to present the facts that are both favorable and unfavorable to the client's position
E)All of the above
F)Answers a, c, and d above
G)Answers a and d above

Question 24

The basic organizational format of the analysis of an issue in a court brief is the:

A)Rule of law, followed by the case law, and then the application and conclusion
B)Issue, followed by the rule of law and case law, and then the application and conclusion
C)Issue, followed by the case law and rule of law, and then the application and conclusion
D)The rule of law, followed by the issue and case law, and then the application and conclusion

Question 25

The argument section of a trial court brief may include:

A)A summary of the argument
B)A preliminary statement
C)Point headings
D)The legal argument
E)All of the above
F)Answers a, c, and d above
G)Answers a and d above

Question 26

In regard to an appellate court brief:

A)Format and style are strictly governed by appellate court rules
B)Unlike a trial court brief, an appellate court brief is not drafted persuasively
C)It is similar to an office legal memorandum in many respects
D)It often includes a jurisdictional statement
E)All of the above
F)Answers a, c, and d above
G)Answers b and d above

Question 27

In the argument section of a court brief:

A)Discuss the issue supported by the strongest argument first
B)Present the rule of law in an objective manner
C)Place the law unfavorable to the client's position at the end of the analysis
D)Always follow the counteranalysis with a rebuttal
E)All of the above
F)Answers a, c, and d above
G)Answers a and d above

Question 28

The section of an appellate brief that lists the legal issues the party is requesting the court to consider is called

A)statement of fact
B)related appeal
C)assignment of error
D)issue heading
E)All of the above

Question 29

Trial court briefs:

A)Are usually subject to time constraints
B)Are often subject to a required format governed by local rules
C)Always require a caption
D)Always require a preliminary statement
E)All of the above
F)Answers a, b, and c above
G)Answers b, c, and d above

Question 30

In some instances, a trial court brief does not require a:

A)Caption
B)Table of contents
C)Table of authorities
D)Preliminary statement
E)All of the above
F)Answers b and c above
G)Answers b, c, and d above

Question 31

The cover page includes:

A)Name of the appellate court
B)Number assigned to the appeal
C)Name of the lower court from which the appeal is taken
D)Names and addresses of the attorney submitting the brief
E)All of the above
F)Answers a, c, and d above
G)Answers b and d above

Question 32

Why should the issue supported by the strongest argument be presented first in the argument section of a court brief?

A)First impressions are lasting.
B)The court is more likely to look more favorably on weaker arguments.
C)A judge may not read or give equal attention to an argument presented at the end of the argument section.
D)Arguments that are weak detract and divert attention from stronger arguments.
E)All of the above
F)None of the above
G)Answers a, b, and d above

Question 33

Court briefs and office legal memoranda are similar in that:

A)Both are written in a persuasive manner
B)The basic writing process is the same
C)The basic format is the same
D)The organizational approach to the legal analysis of an issue is the same
E)All of the above
F)Answers a, b, and c above
G)Answers b, c, and d above

Question 34

In regard to the presentation of the issue in a court brief, state the:

A)Law component persuasively
B)Issue component persuasively
C)Fact component objectively
D)Fact component persuasively
E)Answers a, b, and c above
F)Answers a, b, and d above

Question 35

Which categories are included in the table of authorities?

A)Constitutional law
B)Regulations
C)Enacted Law
D)Case Law
E)All of the above
F)Answers a, b, and d above
G)Answers b and d above