Deck 5: Using the Law: Analysis and Legal Writing

Question 1

Which element of a case brief is the most important?

A) Rules
B) Analysis
C) Facts
D) Issues
E) Conclusions

Answer 1

B

Question 2

Which of the following is not an element of a case brief?

A) Facts
B) Analysis
C) Issues
D) Judicial history
E) Precedent

Answer 2

E

Question 3

The Thesis Paragraph should not:

A) set forth the client's problem.
B) state the legal issue.
C) explain in detail the legal rules governing the issues.
D) state the legal conclusions.
E) None of the above.

Answer 3

C

Question 4

Id. and supra are examples of:

A) shorthand ways of citing authorities.
B) abbreviations for certain courts.
C) Latin terms that describe legal principles.
D) terms that should never be used in a formal legal memorandum.
E) Latin terms that have nothing to do with the law.

Question 5

Which section of a legal memorandum contains a concise statement of all relevant and explanatory information?

A) Facts
B) Issue statement
C) Discussion/analysis
D) Conclusion

Question 6

A topic sentence:

A) is another term for thesis paragraph.
B) can be used in lieu of a thesis paragraph.
C) introduces issues or subissues and connects them back to the thesis paragraph.
D) All of the above
E) None of the above

Question 7

Which part of a case brief might include statutes or case law?

A) Facts
B) Judicial history
C) Issue
D) Rule
E) Analysis

Question 8

Which part of a case brief is the most important section?

A) Conclusion
B) Judicial history
C) Issue
D) Rule
E) Analysis

Question 9

Which section of a legal memorandum contains a short and concise answer to the question raised in the issue statement?

A) Facts
B) Issue statement
C) Discussion/analysis
D) Conclusion

Question 10

Which of the following is a type of citation manual?

A) Uniform System of Citation [Bluebook]
B) A.L.W.D. Manual
C) Chicago Manual of Style
D) All of the above

Question 11

Which section of a legal memorandum explains the results of research, answers the question or questions in the issue statement, and gives the reasons for the answers?

A) Facts
B) Issue statement
C) Discussion/analysis
D) Conclusion

Question 12

"The actions were quickly regretted by her" is an example of:

A) active voice.
B) passive voice.
C) use of unnecessary words.
D) ambiguous terms.
E) None of the above

Question 13

Which part of a case brief should be one sentence long and is best written as a question?

A) Facts
B) Judicial history
C) Issue
D) Rule
E) Analysis

Question 14

In preparing a first draft of a legal document, you should:

A) reread the directions.
B) begin in a logical fashion.
C) complete one section before moving on to another section.
D) periodically go back and reread directions.
E) All of the above

Question 15

The case brief is often the first step in preparing a formal written analysis, often called:

A) a legal memorandum.
B) precedent.
C) stare decisis.
D) case report.
E) None of the above

Question 16

Which part of a case brief lets the reader know what happened in each of the lower courts?

A) Facts
B) Judicial history
C) Issue
D) Rule
E) Analysis

Question 17

Which method of stating the facts in a legal memorandum states the facts in the order in which they occur?

A) Chronologically
B) By party
C) According to the elements of a cause of action
D) All of the above

Question 18

When citing authorities you should use:

A) a legal treatise.
B) a legal encyclopedia.
C) a Uniform System of Citation.
D) a state style manual.
E) Either c or d

Question 19

Which of the following is not included in a legal memorandum?

A) Statement of facts
B) Issue statement
C) Discussion/analysis
D) Judicial history
E) Conclusion

Question 20

Which part of a case brief might include statutes or case law?

A) Facts
B) Judicial history
C) Issue
D) Rule
E) Analysis

Question 21

A legal memorandum compares a client's facts with facts of a reported case.

Question 22

The rules section in a case brief should include every source discussed by the court.

Question 23

The case brief should include the name and citation of the case.

Question 24

Legal writing does not require a thesis paragraph.

Question 25

The process of comparing or aligning the facts of a client's case with the elements of a statute is one element of legal analysis.

Question 26

The main purpose of a legal memorandum is to entertain the reader.

Question 27

A case brief compares a client's facts with facts of a reported case.

Question 28

A topic sentence sets the scene for the information in the remainder of the paragraph.

Question 29

The sentence "The defendant moved to exclude evidence from the search" is an example of active voice.

Question 30

Legal writers should have at least twenty-five words in each sentence to explain concepts to the reader.

Question 31

Active _____ sentences open with a specific actor who then does something to someone.

Question 32

The issue in a case is also known as the question presented.

Question 33

The facts in a case brief includes a statement of the legal issue presented to the court for resolution.

Question 34

A case brief is an example of persuasive writing.

Question 35

The judicial history in a case brief that explains how the case traveled through the courts.

Question 36

The case brief should identify the key facts and issues.

Question 37

If a case brief does not follow proper format, a court will not allow it to be filed in court.

Question 38

Before editing a document, you should let it sit for a day or two.

Question 39

Legal documents should be written with complex sentence structure to reflect the complexity of the law.

Question 40

Legal analysis is limited to analyzing case law.

Question 41

Trial briefs, points and authorities in support of motions, declarations, and demand letters are examples of documents that must be _______.

Question 42

A key to effective writing is to use very few ____ words that help to hold the sentence together, but they add little to the meaning of the sentence.

Question 43

Where possible, replace forms of the verb "to ___" with verbs denoting action.

Question 44

A statement of the legal issue presented to the court for resolution is known as the ____ presented.

Question 45

Explain the citation in a case brief.

Question 46

When assigned to draft a case brief, what questions would you ask the supervising attorney at the outset of the project?

Question 47

A legal ____ is an informal interoffice document written to communicate the results of legal research and the resulting legal analysis.

Question 48

Explain why legal writing should use active voice.

Question 49

Explain the components of a case brief and the questions answered.

Question 50

A common and easy way of organizing facts in a memorandum of law is ____ where the facts in the order in which they occur.

Question 51

The _____ section of a case brief includes a listing of the laws the court relied on in the analysis or reasoning and may include statutes, case law, articles or amendments from the U.S. Constitution or other primary sources of the law.

Question 52

Facts are generally presented in one of the following ways: chronologically, by party, or according to the elements of a cause of ______.

Question 53

The conclusion or _____ section of a case brief is the court's answer to the issue or question presented.

Question 54

Why should a legal writer go through multiple revisions when drafting for legal documents?

Question 55

The _____ section of a case brief includes a listing of the laws the court relied on in the analysis or reasoning and may include statutes, case law, articles or amendments from the Constitution or other primary sources of the law.