Deck 10: Legal Analysis: Issue Identificationspotting the Issue

Question 1

If the issue is misidentified,malpractice may result,because the client is billed for a service not requested.

Answer 1

True

Question 2

The identification of the issue determines which direction the research will take.

Answer 2

True

Question 3

"The issue in this case is whether the trial court erred when it denied the motion to dismiss" is an example of an issue stated in the procedural context.

Answer 3

True

Question 4

One of the steps in the process of identifying the issue(s)in a client's case is to keep in mind the question,"What was decided about which facts in this opinion?"

Question 5

The identification of the issue(s)in a court opinion is a four-step process.

Question 6

The identification of the legal question(s)or issue(s)in a client's case is a four-step process.

Question 7

A broad statement of the issue fails to inform the researcher of the specific factual context of the dispute.

Question 8

The issue(s)may be set out more clearly in a dissenting opinion than in the majority opinion.

Question 9

The goal when reading a case is to identify the substantive rather than the procedural issue(s).

Question 10

One of the steps in the process of identifying the issue(s)in a client's case is the identification of the key and background facts.

Question 11

An issue is composed of three elements.

Question 12

"Does State Code § 231 govern garage sales held on private property?" is an example of a question of how the law applies.

Question 13

The most difficult task that a researcher faces when engaging in legal analysis is to correctly identify the key facts.

Question 14

"Under the holographic will statute,§ 3951,is a will valid if it is handwritten by a neighbor at the testator's direction?" is an example of a narrow statement of an issue.

Question 15

In the broadest sense,the issue is the precise legal question raised by the specific facts of the dispute.

Question 16

A narrow statement of the issue fails to inform the researcher of the specific factual context of the dispute.

Question 17

The fastest way to locate the issue(s)in a case is to focus on the key facts.

Question 18

The applicable law component of an issue may be a constitutional provision or a common law doctrine.

Question 19

The facts component of an issue is composed of the key facts and sufficient background facts to identify the context of the dispute.

Question 20

When dealing with multiple issues in a client's case,address each issue separately and completely before proceeding to the next issue.

Question 21

Which of the following is a step in the process of identifying the issue(s)in a client's case?

A)Focus on the holding.
B)Determine which of the facts apply to establish or satisfy the elements of each cause of action-the key facts.
C)Determine the elements of each cause of action that has been identified.
D)Assemble the issue from the law and key facts that have been identified.
E)All of the above
F)Answers b and c above
G)Answers b,c,and d above

Question 22

The issue in a client's case is composed of which of the following parts?

A)Sufficient background facts to identify the context of the dispute
B)Key facts
C)The legal question
D)The applicable law
E)All of the above
F)Answers b,c,and d above

Question 23

Which of the following is one of the broad categories that an issue may be broken down into?

A)A question of how the facts apply
B)A question of how a law applies
C)A question of constitutional interpretation
D)A question of the interpretation of statutory law
E)All of the above
F)Answers a and b above

Question 24

The issue in a client's case is composed of which of the following?

A)Sufficient background facts to identify the context of the dispute
B)Key facts
C)The legal question
D)The applicable law
E)All of the above
F)Answers b,c,and d above

Question 25

"Under the provisions of the battery statute,is a battery committed when an individual merely encourages the batterer?" is a question of:

A)When the law applies
B)Which law applies
C)Whether the law applies at all
D)How the law applies
E)All of the above
F)None of the above

Question 26

Which of the following questions will help you focus on the holding?

A)What statue,rule of law,or principle did the court apply to each its decision?
B)What legal question was addressed and answered by the holding?
C)Which of the facts presented in the case,if changed,would alter or affect the question addressed in the holding?
D)What was decided about which facts in this case?
E)All of the above.f.Answers a,b,and c.g.Answers b,c,and d.

Question 27

Which of the following are broad statements of the issue?

A)"The issue in this case is whether the defendant breached the contract."
B)"The issue in this case is whether the trial court erred when it granted the motion to suppress the evidence."
C)"The issue in this case is whether it is false imprisonment when law enforcement officers make an arrest."
D)"The issue in this case is whether an individual commits battery by being at the scene of a battery."
E)All of the above.

Question 28

Which of the following is a step in the process of identifying the issue(s)in a court opinion?

A)Focus on the holding.
B)Determine which of the facts apply to establish or satisfy the elements of each cause of action-the key facts.
C)Determine the elements of each cause of action that has been identified.
D)Assemble the issue from the law and key facts that have been identified.
E)All of the above
F)Answers b,c,and d above

Question 29

The identification of the issue(s)in a client's case requires the:

A)Identification of the general areas of law involved
B)Identification of the elements of the cause(s)of action
C)Identification of the key and background facts
D)Assembly of the issue
E)All of the above
F)Answers a,b,and d above
G)Answers b and d above

Question 30

The identification of the issue:

A)Is the first step of the legal analysis process
B)Is the most important task that a researcher faces when engaging in legal analysis
C)Determines the direction that the research will take
D)May result in malpractice if it is misidentified
E)All of the above
F)Answers a,b,and c above
G)Answers a and b above

Question 31

A narrow statement of the issue:

A)Fails to inform the researcher of the specific factual context of the dispute
B)Fails to inform the researcher of the precise law involved in the dispute
C)Fails to inform the researcher of the specific law involved in the dispute
D)Helps the researcher determine which direction that the research will take
E)None of the above
F)Answers a,b,and c above

Question 32

The law component of an issue may be a:

A)Constitutional provision
B)Statute
C)Ordinance
D)Case law doctrine
E)All of the above
F)Answers a,b,and c above
G)Answers a,b,and d above

Question 33

"Does State Statute § 4599 permit the installation of a sidewalk one foot from the curb?" is an example of a:

A)Narrow statement of the issue
B)Question of which law applies
C)Question of when the law applies
D)Broad statement of the issue
E)All of the above
F)Answers a and b above

Question 34

What elements are assembled to state the issue?

A)relevant law
B)legal question
C)key facts
D)dissenting opinion
E)All of the above.f.Answers a,b,and c.g.Answers b,c,and d.

Question 35

In regard to the identification of the issue(s)in a court opinion:

A)When the case has more than one issue,follow the steps separately and completely for one issue before proceeding to identify the next issue
B)The issue may be stated more clearly in a concurring opinion
C)The issue may be stated more clearly in a dissenting opinion
D)Look to the holding
E)All of the above
F)Answers a,b,and d above