Deck 2: Legal Reasoning and Analysis

Question 1

Legal analysis involves

A) reading and synthesizing all relevant authority to extract a rule of law
B) applying the rule of law to the facts of the problem
C) reaching a conclusion
D) b and c
E) a, b, and c

Answer 1

E

Question 2

The doctrine of stare decisis

A) gives case law predictability
B) allows gradual change
C) requires that the highest court in your state follow a case decided by the highest court of a sister state
D) a and b
E) a, b, and c

Answer 2

D

Question 3

An attorney

A) is bound to interpret a precedent-setting case the same way as the opposing counsel
B) may argue that authority favorable to the client's case should be applied
C) may not argue that unfavorable authority is distinguishable
D) a and b
E) a, b, and c

Answer 3

B

Question 4

The doctrine of stare decisis

A) applies to future cases decided by the same court
B) applies to future cases decided by a lower court
C) applies if facts are substantially the same
D) a and c
E) a, b, and c

Question 5

An opinion that reaches the same result as an opinion joined in by a majority of the court but has different reasons for reaching the same result is

A) a majority opinion
B) a concurring opinion
C) a dissenting opinion
D) a per curiam opinion
E) an en banc opinion