Deck 14: Motorola INC: a New Company Called Motorola

Question 1

The conclusion section of a trial court brief may be as short as a single sentence.

Answer 1

True

Question 2

In a court brief, state the law component of the issue in an objective manner.

Answer 2

False

Question 3

In a court brief, the fact component of the issue and the statement of facts should be phrased persuasively.

Answer 3

True

Question 4

Under Rule 3.3(a)(3)of the Model Rules, 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 5

The argument section of a trial court brief should begin with a preliminary statement.

Question 6

In the statement of facts section of a court brief, present the facts unfavorable to the client's position at the end of the statement.

Question 7

The individual who opposes an appeal is called the appellee .

Question 8

In the argument section, always follow the counteranalysis with a rebuttal.

Question 9

A court brief is an advocacy document.

Question 10

Trial court briefs should consist of a short, concise presentation of the law because trial court judges are usually busy.

Question 11

Every brief submitted to a trial court requires a caption.

Question 12

The fundamental principles that apply to the preparation of office legal memoranda also apply to the preparation of court briefs.

Question 13

The basic format of a court brief is different from that of an office legal memorandum.

Question 14

Point headings are a summary of the position advocated in the argument and the counterargument.

Question 15

Trial court briefs are usually subject to a time constraint.

Question 16

The major difference between a court brief and an office legal memorandum is the presentation of the format and content.

Question 17

Appellate court rules may establish the type of paper used for the brief.

Question 18

Use short sentences to emphasize favorable information.

Question 19

The organizational approach to the legal analysis of an issue in a court brief differs from that in an office legal memorandum.

Question 20

The format and style of an appellate brief are strictly governed by appellate court rules.

Question 21

The basic organizational format of the analysis of an issue in a court brief is the:

A)rule of law followed by the case law, then the application and conclusion.
B)issue followed by the rule of law and case law, then the application and conclusion.
C)issue followed by the case law and rule of law, then the application and conclusion.
D)rule of law followed by the issue and case law, then the application and conclusion.