Deck 9: Legal Writing:form and Substance

Question 1

Which of the following statements is true about writing and the law?

A) Writing is not important to law at all.
B) The law is a communication-intensive profession, but now most communication is done by phone.
C) The law is a communication-intensive profession, and writing is particularly important.
D) The law is a communication-intensive profession, but the writing involved is all done by

Answer 1

C

Question 2

Which of the following writing assignments probably does not require research?

A) Letter to a client recapping recent developments in a case
B) Motion
C) Memorandum
D) All of these choices are correct.

Answer 2

A

Question 3

When a supervising attorney gives you a writing assignment, it is important to learn which of the following?

A) The nature of the assignment
B) When the assignment needs to be completed
C) What kind of writing approach the assignment calls for
D) All of these choices are correct.

Answer 3

D

Question 4

Which of the following is not important to know when a supervising attorney gives you a writing assignment?

A) The nature of the assignment
B) When the assignment needs to be completed
C) What kind of writing approach the assignment calls for
D) None of these choices is correct.

Question 5

As a paralegal, you will probably not have to draft which of the following?

A) Letters
B) Legislative propositions
C) Pleadings
D) All of these choices are correct.

Question 6

A balanced discussion of an issue or a neutral summary of facts is called analysis.

A) persuasive
B) objective
C) fair
D) two-sided

Question 7

Attorney Martin gives paralegal Pam a real-estate purchase agreement to review and analyze and asks her to point out the obligations that the client will assume if the client signs the agreement. What type of writing approach would Pam use?

A) Advocacy approach
B) Synthesis approach
C) Objective analysis approach
D) None of these choices is correct.

Question 8

Your supervising attorney asks you to research an issue related to a client's claim for a lawsuit.

A) strongly advocate for the client.
B) strongly advocate against the client.
C) present an unbiased analysis.
D) None of these choices is correct.

Question 9

As a paralegal, you will probably not have to draft which of the following?

A) Letters
B) Internal legal memoranda
C) Pleadings
D) None of these choices is correct.

Question 10

When drafting a memorandum summarizing your analysis of a client's claim, you should

A) strongly advocate for the client.
B) strongly advocate against the client.
C) present an unbiased analysis.
D) None of these choices is correct.

Question 11

As a paralegal, you will probably have to draft which of the following?

A) Resolutions
B) Legislative propositions
C) Pleadings
D) All of these choices are correct.

Question 12

Which of the following does a paralegal need to understand when accepting a writing assignment?

A) The nature of the assignment
B) The date the assignment must be completed
C) The type of writing approach appropriate to the assignment
D) All of these choices are correct.
E) None of these choices is correct.

Question 13

Because paralegals are often expected to research and write about issues in a short time, it is important to

A) understand assignments so you can work efficiently.
B) not bother your supervisor with questions regarding the assignment.
C) know the deadline for the assignment.
D) understand assignments so you can work efficiently and know the deadline for the assignment.
E) understand assignments so you can work efficiently, not bother your supervisor with questions regarding the assignment, and know the deadline for the assignment.

Question 14

Client Julia wants advice about which of two lease agreements is better for her. As a paralegal working on this, you should use when comparing the documents for your supervising attorney's review.

A) objective analysis
B) persuasive argument
C) fair analysis
D) lease analysis

Question 15

Objective analysis requires

A) a balanced discussion of an issue or a neutral summary of facts.
B) a favorable argument for a client.
C) at least five unbiased primary sources.
D) a one-sided review of an issue.

Question 16

A good approach for being prepared to deal with the unexpected is to

A) budget extra time whenever possible.
B) adhere strictly to all schedules no matter what comes up.
C) allow the minimum time necessary for each task so as many tasks as possible can be completed.
D) none of these choices is correct.

Question 17

When writing a persuasive document you must

A) present the law from many different perspectives.
B) advocate for the client through a favorable presentation of the law, issues, and facts.
C) use only primary sources.
D) present the law from many different perspectives and use only primary sources.

Question 18

Which of the following statements is true regarding paralegal work?

A) It is important to adhere strictly to an initial plan.
B) It is important to be flexible.
C) Important issues are always discovered before entering the courtroom.
D) None of these choices is correct.

Question 19

Attorney Topp gives you a writing assignment. It is important that you

A) learn the nature of the assignment.
B) learn when it needs to be completed.
C) determine what kind of writing approach the assignment calls for.
D) All of these choices are correct.

Question 20

As a paralegal, you will probably have to draft which of the following?

A) Letters
B) Internal legal memoranda
C) Pleadings
D) All of these choices are correct.

Question 21

When writing, it is important to organize the material

A) chronologically.
B) alphabetically.
C) logically.
D) complexly.

Question 22

Which of the following is true of drafting pleadings and discovery?

A) Only attorneys draft pleadings and discovery.
B) Form books provide the proper format for these documents in all courts.
C) Computerized forms provide the appropriate format for these documents in all courts.
D) Knowing the court rules for the court in which the documents will be filed will ensure the proper format.

Question 23

A well-written paragraph should begin with a(n)

A) conclusion.
B) topic sentence.
C) idea from the previous paragraph.
D) noun.

Question 24

Topic sentences are an important element of

A) well-written paragraphs.
B) letters to clients.
C) reminder e-mails.
D) None of these choices is correct.

Question 25

Which of the following is the standard reference for legal terminology?

A) Elements of Style
B) Black's Law Dictionary
C) The Chicago Manual of Style
D) Encyclopedia Britannica

Question 26

Which of the following is true about paragraphs?

A) A paragraph is a group of sentences that develops an idea.
B) A paragraph should have unity and coherence.
C) A paragraph should begin with a topic sentence and should use transitions.
D) All of these choices are correct.
E) None of these choices is correct.

Question 27

Which of the following would a paralegal not be likely to use when writing?

A) A dictionary
B) A thesaurus
C) A style manual
D) None of these choices is correct.

Question 28

Under which of the following circumstances would it be important to be a good persuasive writer?

A) Drafting a motion for a court to exclude certain evidence
B) Writing a memorandum regarding your analysis of a client's claim for a lawsuit
C) Writing a letter updating a client about progress on the client's case
D) Writing an invoice

Question 29

Sentences that do not relate to a paragraph's topic should be

A) typed in smaller font.
B) put in quotation marks.
C) surrounded by parentheses.
D) moved to another part of the document or deleted.

Question 30

Which of the following are useful writing tools?

A) A dictionary
B) A thesaurus
C) A style manual
D) All of these choices are correct.
E) None of these choices is correct.

Question 31

Citation rules for legal writing can be found in

A) The Bluebook:A Uniform System of Citation only.
B) Guide to Legal Citation only.
C) both The Bluebook:A Uniform System of Citation and Guide to Legal Citation.
D) None of these choices is correct.

Question 32

Why is it important to have access to a legal dictionary such as Black's Law Dictionary?

A) Some words such as "trusts" or "consideration" have specific law meanings that are not necessarily the same as their meaning in ordinary speech.
B) Many paralegals have trouble with spelling.
C) Attorneys often quiz their paralegals on law terminology.
D) All of these choices are correct.

Question 33

Your supervising attorney asks you to research an issue related to a client's claim for a lawsuit.

A) strongly advocate for the client.
B) present an unbiased analysis.
C) strongly advocate against the client.
D) None of these choices is correct.

Question 34

Types of documents that paralegals prepare include which of the following?

A) Pleadings and discovery
B) General legal correspondence
C) Internal legal memoranda
D) All of these choices are correct.
E) None of these choices is correct.

Question 35

Which of the following is an important writing resource for paralegals?

A) Black's Law Dictionary
B) The Bluebook:A Uniform System of Citation
C) The Redbook:A Manual on Legal Style
D) All of these choices are correct.
E) None of these choices is correct.

Question 36

A is a group of sentences that develops a particular idea.

A) paragraph
B) citation
C) sentence block
D) note

Question 37

Complicated legal analyses often require the creation of a(n) to facilitate the creation of a well-organized document.

A) outline
B) summary
C) bibliography
D) header

Question 38

Your supervising attorney asks you to research an issue related to a client's claim for a lawsuit.

A) strongly advocate for the client.
B) present an unbiased analysis.
C) strongly advocate against the client.
D) none of these choices is correct.

Question 39

Lawyers often begin writing with

A) their weakest points.
B) their strongest points.
C) their conclusion.
D) a summary of the facts.

Question 40

When writing, you should when you begin discussing a new topic.

A) use a semicolon to separate topics
B) start a new paragraph
C) change fonts
D) All of these choices are correct.

Question 41

Which of the following is true of a passive-voice sentence?

A) The subject is the person or thing that is acting.
B) The subject is the person or thing being acted on.
C) There is no subject in a passive-voice sentence.
D) The subject is the second person or thing mentioned in the sentence.

Question 42

Verbs that have been transformed into nouns are called

A) adjectives.
B) nominalizations.
C) nounizations.
D) passive verbs.

Question 43

A nominalization is a(n)

A) noun transformed into a verb.
B) verb transformed into a noun.
C) adjective transformed into a noun.
D) legal term.

Question 44

Structural devices that make it easier for the reader to follow the discussion in a complex legal document include which of the following?

A) Headings and subheadings
B) Numbered or bulleted lists
C) Arranging events chronologically
D) All of these choices are correct.
E) None of these choices is correct.

Question 45

Different legal documents may have different format requirements. Documents to be filed with a court must conform to the of the particular jurisdiction.

A) outline
B) structural devices
C) margins
D) procedural rules

Question 46

A sentence written in a subject-verb-object sentence structure is written in the voice.

A) active
B) passive
C) dynamic
D) nominalized

Question 47

Which of the following is a good way to make a long legal document easier to read?

A) Alternate between bold and italic fonts.
B) Use different fonts for different topics.
C) Use headers and subheaders.
D) Write in long paragraphs so that there is only one paragraph per issue.

Question 48

Which of the following is true of an active-voice sentence?

A) The subject is the person or thing that is acting.
B) The subject is the person or thing being acted on.
C) There is no subject in an active-voice sentence.
D) The subject is the second person or thing mentioned in the sentence.

Question 49

Which of the following is not an example of an active-voice sentence?

A) The plaintiff filed a motion to exclude evidence.
B) A motion to exclude evidence was filed by the plaintiff.
C) The plaintiff won the case.
D) The judge decided in favor of the defendant.

Question 50

Examples of sentences that are not grammatically correct include which of the following?

A) The plaintiff should of told the defendant.
B) You're hearing will be on December 15th.
C) The plaintiff's allegations are vague.
D) The plaintiff should of told the defendant, and You're hearing will be on December 15th.

Question 51

To make your writing more forceful, you should use

A) technical legal terms.
B) exclamation points.
C) active verbs.
D) nominalizations.

Question 52

Paralegals prepare legal documents and correspondence for a wide range of people. It is important to tailor the writing to the

A) judges.
B) lawyers.
C) clients.
D) intended audience.

Question 53

Which of the following is true about writing sentences?

A) A large proportion of short, concrete sentences should be used.
B) Active verbs should be used.
C) Correct grammar, punctuation, and spelling should be used.
D) All of these choices are correct.
E) None of these choices is correct.

Question 54

Good sentences are characterized by which of the following?

A) Being short and concise
B) Being long with appropriate use of commas
C) Containing long legal technical terms
D) Having multiple clauses

Question 55

Examples of grammatically correct sentences include which of the following?

A) The plaintiff should of told the defendant.
B) You're hearing will be on December 15th.
C) The plaintiff's allegations are vague.
D) The plaintiff should of told the defendant, and The plaintiff's allegations are vague.

Question 56

Examples of transitional words used when indicating a series of ideas include which of the following?

A) First
B) Second
C) Then
D) First and second
E) First, second, and then

Question 57

Examples of active-voice sentences include which of the following?

A) The plaintiff filed a motion to exclude evidence.
B) A motion to exclude evidence was filed by the plaintiff.
C) A motion to exclude evidence was not filed by the plaintiff.
D) A motion to exclude evidence was filed by the plaintiff, and A motion to exclude evidence was not filed by the plaintiff.

Question 58

Organization is essential to effective legal writing, so you should have an organizational framework, such as a(n) , in mind before you begin writing.

A) structural device
B) outline
C) format
D) rule

Question 59

Transitional words indicating a continuation of an idea include which of the following?

A) Also
B) First
C) Hence
D) First and hence

Question 60

Examples of passive-voice sentences include which of the following?

A) The plaintiff filed a motion to exclude evidence.
B) The plaintiff entered the court.
C) A motion to exclude evidence was not filed by the plaintiff.
D) The plaintiff entered the court, and A motion to exclude evidence was not filed by the plaintiff.

Question 61

Many paralegals assigned a legal-writing task find it difficult to make the transition from the research stage to the drafting stage. To make the writing process easier, you might do which of the following?

A) Move to another part of the assignment, if you become stuck.
B) Begin with a part of the assignment about which you feel confident.
C) Avoid trying to make the first draft the final draft.
D) All of these choices are correct.
E) None of these choices is correct.

Question 62

Legalese is which of the following?

A) A code language for paralegals
B) A form of legal shorthand
C) Legal terms and phrases that may be unfamiliar to laypeople
D) Legal language for laypeople

Question 63

Which of the following terms is appropriate in a document intended for laypeople?

A) Voir dire
B) Jury selection
C) Hereof
D) Thereto

Question 64

The time factor is an important consideration in legal writing. Sometimes you will be required to submit writings to a court by a certain date, which

A) changes frequently.
B) is inflexible.
C) demands a quick response.
D) is flexible.

Question 65

Using lots of quotations in legal writing is

A) strongly encouraged.
B) strongly discouraged.
C) considered a sign of good research skills.
D) never allowed.

Question 66

Writing effectively requires efficiency in word usage. Concise statements are much more

A) clear
B) powerful
C) persuasive
D) All of these choices are correct.

Question 67

The used in legal writing varies, depending on the specific objectives of the document you are supposed to create.

A) writing style
B) format
C) methodological approach
D) All of these choices are correct.
E) None of these choices is correct

Question 68

In writing a legal document, presenting the facts and issues in the light most favorable to your client is called the approach.

A) unbiased
B) objective
C) advocacy
D) synthesis

Question 69

A paralegal may be involved in drafting many kinds of legal documents, including letters, pleadings, and legal memos. basic principles of writing apply to each.

A) The same
B) Different
C) Opposite
D) Contradictory

Question 70

is legal language that can be difficult for the general public to understand.

A) Manganese
B) Legalese
C) Terminology
D) Plain English

Question 71

A sentence written in the voice may be helpful if the writer wants to avoid identifying the actor or doer.

A) active
B) passive
C) dynamic
D) nominalized

Question 72

are crucial aspects of legal writing that help you prepare a clear, complete, and error-free document.

A) Creating and editing
B) Researching and typing
C) Proofreading and revising
D) Analyzing and synthesizing

Question 73

Which of the following is a gender-neutral term?

A) Fireman
B) Policeman
C) Police officer
D) Workwoman

Question 74

Which of the following is not a gender-neutral term?

A) Firefighter
B) Policeman
C) Police officer
D) Worker

Question 75

When writing, you should try to the use of quotations.

A) minimize
B) maximize
C) duplicate
D) enhance

Question 76

, such as "all the rest, residue, and remainder" should be minimized in legal writing.

A) Legalese
B) Terminology
C) Plain English
D) Redundancies

Question 77

To avoid sexist language, words such as policeman, fireman, or workmen's compensation can often be written using a

A) masculine pronoun.
B) gender-neutral substitute.
C) feminine pronoun.
D) masculine noun.

Question 78

Useful tools for writing in plain English include which of the following?

A) A Plain English Handbook
B) Federal Plain Language Guidelines
C) Roger's Supreme Plain English
D) A Plain English Handbook and Federal Plain Language Guidelines
E) A Plain English Handbook, Federal Plain Language Guidelines, and Roger's Supreme

Question 79

When the language itself does not matter, you should

A) use a direct quotation.
B) paraphrase in your own language.
C) use a combination of quotations and your own language.
D) use legalese.

Question 80

Which of the following is a way to avoid using sexist language?

A) Use "he or she" rather than "he."
B) Alternate between masculine and feminine pronouns.
C) Make the noun plural so a gender-neutral pronoun can be used.
D) All of these choices are correct.