Deck 11: Legal Analysisstating the Issue

Question 1

When there are multiple facts, it is appropriate to condense the facts when stating the issue.

Answer 1

True

Question 2

A broad statement of an issue includes the law and the specific facts.

Answer 2

False

Question 3

When stating an issue, people and events should be identified specifically by name.

Answer 3

False

Question 4

When an issue is based on enacted law, the case citation should be referenced.

Question 5

The most effective formulation of an issue is a broad statement of the issue.

Question 6

A broad statement of an issue is appropriate in communications when the participants are familiar with the facts and law of the case.

Question 7

The question component of an issue must relate to or concern the specific law included in the law component.

Question 8

The facts component of an issue should include the key facts and sufficient background facts to inform the reader of the context of the dispute.

Question 9

The format for presenting an issue is to first present the rule of law, followed by the legal question and the facts.

Question 10

A test to determine if an issue is complete is whether the reader, when reading the issue, knows the specific legal question, the law, and the facts of the dispute.

Question 11

The format for presenting an issue recommended in the text follows the standard legal analysis format.

Question 12

An issue should be stated objectively when presented to a court.

Question 13

The text recommends the inclusion of the citation in the statement of the issue when the rule of law is enacted law.

Question 14

An issue not stated objectively may cause the reader to question the ability of the author and discount the legal argument that follows.

Question 15

It is not appropriate to list key facts when stating an issue.

Question 16

The text recommends that an issue should be composed of four elements.

Question 17

It is not appropriate to use only a citation in a statement of the issue when the rule of law is enacted law.

Question 18

A narrow statement of an issue does not guide the reader to the specific law in question.

Question 19

A broad statement of an issue states the scope of a memo by informing the reader at the outset what is precisely in dispute.

Question 20

The law component of an issue may be presented in either a broad or narrow context.

Question 21

An issue may:

A)Be constructed in a manner that favors an outcome
B)Include the specific names of people
C)Include the specific names of events
D)Not list the facts
E)All of the above
F)Answers b and c above
G)None of the above

Question 22

In the phrase, "According to N. Wash. Code § 20-40-1, kidnapping . . ." the presentation of the enacted law includes the:

A)Citation
B)Title
C)Title paraphrased
D)Description
E)All of the above
F)Answers a and b above
G)Answers a and c above

Question 23

The law component of an issue based on enacted law may include the:

A)Title
B)Citation
C)Title paraphrased
D)Description
E)All of the above
F)Answers a, b, and c above

Question 24

Which of the following is a reason in support of the recommended format for presenting an issue?

A)It follows the standard legal analysis format.
B)The rule should be presented first for readability purposes.
C)It is usually easier to write the issue following this format.
D)It is a most effective tool when confronting the complex challenges presented by multiple-fact issues.
E)All of the above
F)Answers a, b, and c above

Question 25

The most effective formulation of an issue is a:

A)Comprehensive statement
B)Broad statement
C)Narrow statement
D)Shorthand statement
E)All of the above
F)Answers a and c above
G)Answers a, c, and d above

Question 26

The question component of an issue must:

A)Relate to or concern the specific law included in the law component
B)Present the specific legal question raised by the facts
C)Link the law with the facts
D)All of the above
E)Answers a and b above

Question 27

The issue should include:

A)Sufficient background facts to place the key facts in context
B)Key facts
C)Relevant law
D)The legal question
E)All of the above
F)Answers a, b, and c above
G)Answers b, c, and d above

Question 28

"Can Mr. Jones recover damages for negligence?" is an example of a:

A)Narrow statement of the issue
B)Complete statement of the issue
C)Broad statement of the issue
D)Comprehensive statement of the issue
E)All of the above
F)Answers a, b, and c above

Question 29

The facts component of an issue must:

A)Be readable
B)Include key facts
C)Include sufficient background facts to provide the context of the key facts
D)Set the factual scope of the legal question
E)All of the above
F)Answers a, b, and c above
G)Answers a, b, and d above

Question 30

Which of the following formats is recommended for presenting the elements of an issue?

A)The facts, followed by the legal question and then the law
B)The law, followed by the facts and then the legal question
C)The legal question, followed by the law and then the facts
D)The law, followed by the legal question and then the facts

Question 31

When an issue is stated correctly it:

A)Informs the reader of sufficient background facts for the reader to understand the context of the key facts
B)Directs the reader to the specific area of law involved in the dispute
C)Sets the scope of the memo in a legal memorandum
D)Saves the researcher time
E)All of the above
F)Answers a, b, and c above
G)Answers b, c, and d above

Question 32

In the phrase, "Under the new Washington kidnapping statute, which includes intent to confine as an element of kidnapping, . . ." the presentation of the enacted law includes the:

A)Citation
B)Title
C)Title paraphrased
D)Description
E)All of the above
F)Answers b and d above
G)Answers c and d above

Question 33

In the statement, "Under Indiana corporation law, does oppressive conduct occur when a majority shareholder engages in several actions that are beneficial solely to the majority shareholder and detrimental to the interests of the minority shareholders?"

A)All the key facts are included.
B)The key facts are categorized.
C)The key facts are condensed.
D)The key facts are listed.
E)None of the above
F)Answers a and c above

Question 34

An ethically constructed issue must:

A)Include creative language regarding the application of the law
B)Be stated objectively
C)Include only key facts that are favorable to the client
D)Suggest a conclusion
E)All of the above
F)Answers c and d above

Question 35

In the drafting of the facts component of an issue:

A)All the key facts must be included
B)The key facts may be categorized
C)The key facts may be condensed
D)The key facts may be listed
E)All of the above
F)Answers b, c, and d above
G)Answers b and d above