Deck 5: Unilever: a Giant Reawakens

Question 1

The third step of the process for identifying the key facts in a court opinion is composed of three parts.

Answer 1

False

Question 2

The rule of law and facts of a case are equally important in a legal dispute.

Answer 2

True

Question 3

When determining the key facts in a court opinion, it is necessary to list all the facts possibly related or necessary to the holding.

Answer 3

True

Question 4

A test to identify a key fact is to ask the question: "If this fact were changed, would the outcome of application of the law be affected or changed?"

Question 5

When a single fact is so significant that if it were changed the outcome of the case would change, it is referred to as a primary key fact .

Question 6

The text recommends a five-step process for identifying key facts in a client's case.

Question 7

In the text, background facts are referred to as those facts that are coincidental to the event but are not of significant legal importance in the case.

Question 8

Three categories of key facts are mentioned in the text.

Question 9

When determining the key facts in a client's case, it is necessary to determine the elements of the cause of action because the plaintiff must present facts that establish or prove the existence of each element.

Question 10

A rule of law prescribes or directs action or forbearance.

Question 11

The text recommends a four-step process for identifying the key facts in a court opinion.

Question 12

In the text, irrelevant facts are referred to as those facts that give an overview of the factual event and provide the reader with the overall context within which the key facts occurred.

Question 13

The outcome of application of the law to the elements of a cause of action depends on the facts.

Question 14

Failure to conduct a proper interview may result in an ethical violation.

Question 15

Key facts are the facts that gave rise to the legal dispute.

Question 16

In a lawsuit, a fact is information present in a case concerning someone's interpretation of what took place.

Question 17

The determination of whether a court opinion is on point is completely governed by the similarity between the facts of the opinion and the facts of the client's case.

Question 18

When determining the key facts in a client's case, list all the facts that may possibly be related to the cause of action, and if necessary err on the side of listing too many facts.

Question 19

Key facts are often referred to as ultimate facts .

Question 20

Background facts may also be irrelevant facts.

Question 21

When identifying the key facts in a court opinion:

A)keep in mind the question, "What was decided about which facts?" while reading the opinion.
B)list all possible facts related to the decision reached.
C)look to the holding.
D)all of the above.
E)a and b.