Deck 9: The Gillette Company Gillette: Gillette Loses Face

Question 1

One way to challenge or attack a legal position or argument based on a statute is to show that the statute has not been adopted by any other jurisdiction.

Answer 1

False

Question 2

The circumstances of each case will determine which counteranalysis technique(s)to use.

Answer 2

True

Question 3

One way to challenge or attack a legal position or argument based on a court opinion is to show that the opinion relied on is not on point because of key fact differences between the opinion and the client's case.

Answer 3

True

Question 4

When conducting counteranalysis, consider all possible counterarguments, no matter how ridiculous.

Question 5

One way to challenge or attack a legal position or argument based on a court opinion is to show that the opinion relied on is not subject to an interpretation different from the one relied on.

Question 6

Counteranalysis should be employed in every situation when legal research is conducted.

Question 7

One way to challenge or attack a legal position or argument based on a court opinion is to show that the opinion relied on is not mandatory precedent and another court opinion allows for other possible positions.

Question 8

In essence, counteranalysis is the process of discovering and considering the counterargument to a legal position or argument.

Question 9

One way to challenge or attack a legal position or argument based on a statute is to show that the statute relied on as a guide is so functionally different that it cannot be used as a guide to interpret the statute being analyzed.

Question 10

Under the American Bar Association's Model Rules of Professional Conduct, an attorney has an ethical duty to disclose legal authority adverse to the position of the client that is not disclosed by the opposing counsel.

Question 11

To determine the strength of a client's case it is necessary to analyze the strength of the opponent's case.

Question 12

In an interoffice research memorandum, counteranalysis should be placed after the analysis of each issue.

Question 13

In a court brief, counteranalysis should be presented at the end of the analysis.

Question 14

One way to challenge or attack a legal position or argument based on a court opinion is to show that the court opinion relied on violates another legislative act.

Question 15

One way to challenge or attack a legal position or argument based on a court opinion is to show that the court opinion relied on no longer represents sound public policy and, therefore, should not be followed.

Question 16

Under the American Bar Association's Model Rules of Professional Conduct, research and analysis may be complete even though not all the legal arguments regarding an issue have been explored.

Question 17

Counterargument is an objective evaluation of the strengths and weaknesses of a legal argument.

Question 18

One way to challenge or attack a legal position or argument based on a statute is to show that the statute is not sufficiently broad to permit a construction different from that urged.

Question 19

One way to challenge or attack a legal position or argument based on a court opinion is to show that facts are not present to support each element of the cause of action.

Question 20

A way to challenge or attack a legal position or argument based on a statute is to show that the statute has been misconstrued.