Deck 5: Using the Law: Analysis and Legal Writing

Question 1

A legal memorandum compares a client's facts with facts of a reported case.

Answer 1

True

Question 2

Which element of a case brief is the most important?

A) rules
B) analysis
C) facts
D) issues
E) conclusions

Answer 2

B

Question 3

Legal writing does not require a thesis paragraph.

Answer 3

False

Question 4

In preparing a first draft of a legal document, you should:

A) reread the directions
B) begin in a logical fashion
C) complete one section before moving on to another section
D) periodically go back and reread directions
E) all of the above

Question 5

"The actions were quickly regretted by her" is an example of:

A) active voice
B) passive voice
C) use of unnecessary words
D) ambiguous terms
E) none of the above

Question 6

Which of the following is not included in a legal memorandum?

A) statement of facts
B) issue statement
C) discussion/analysis
D) judicial history
E) conclusion

Question 7

Legal documents should be written with complex sentence structure to reflect the complexity of the law.

Question 8

A case brief compares a client's facts with facts of a reported case.

Question 9

Before editing a document, you should let it sit for a day or two.

Question 10

The issue in a case is also known as the question presented.

Question 11

When citing authorities you should use:

A) a legal treatise
B) a legal encyclopedia
C) A Uniform System of Citation
D) a state style manual
E) either c or d

Question 12

Id. and supra are examples of:

A) shorthand ways of citing authorities
B) abbreviations for certain courts
C) Latin terms that describe legal principles
D) terms that should never be used in a formal legal memorandum
E) Latin terms that have nothing to do with the law

Question 13

Which of the following is not an element of a case brief?

A) facts
B) analysis
C) issues
D) judicial history
E) precedent

Question 14

Legal analysis is limited to analyzing case law.

Question 15

A case brief is an example of persuasive writing.
Multiple Choice

Question 16

The process of comparing or aligning the facts of a client's case with the elements of a statute is one element of legal analysis

Question 17

A topic sentence

A) is another term for thesis paragraph
B) can be used in lieu of a thesis paragraph
C) introduces issues or subissues and connects them back to the thesis paragraph
D) all of the above
E) none of the above

Question 18

The case brief is often the first step in preparing a formal written analysis, often called:

A) a legal memorandum
B) precedent
C) stare decisis
D) case report
E) none of the above.

Question 19

The Thesis Paragraph should not:

A) set forth the client's problem
B) state the legal issue
C) explain in detail the legal rules governing the issues
D) state the legal conclusions
E) none of the above

Question 20

If a case brief does not follow proper format a court will not allow it to be filed in court.