Question 1

A letter to a client containing a detailed analysis of the law in response to the client's question is called a(n) letter.

Accepted Answer

A letter that contains a detailed analysis of the law in response to a client's question is referred to as an opinion letter. This type of letter provides legal advice and analysis of the issue raised by the client, and it is based on the lawyer's understanding of the law and its application to the facts presented. An informative letter provides factual information, a confirmation letter confirms a previous agreement or action, and a demand letter requests specific action from the recipient.

Question 2

A legal memorandum should be written using which of the following approaches?

Accepted Answer

A legal memorandum should be written using an objective approach. The purpose of a legal memorandum is to provide a concise and thorough analysis of legal issues for the intended audience, and an objective approach is necessary to achieve this goal. A persuasive or advocacy approach is more appropriate for a brief or motion, where the goal is to persuade a court or other decision-maker to take a certain action.

Question 3

The purpose of the internal legal memorandum is to

Accepted Answer

The purpose of the internal legal memorandum is to inform the attorney of the strengths and weaknesses of the client's position. It is important for the attorney to have a complete understanding of the situation in order to provide the best possible advice and representation. Simply providing only the strengths or weaknesses of a client's position or only the facts of a case would not give the attorney a complete picture and could hinder their ability to provide effective legal guidance.

Question 4

Which of the following should not be included in an internal legal memorandum?

Accepted Answer

All of the options listed (A, B, C) are essential components of an internal legal memorandum, indicating that none of these choices should be excluded.

Question 5

True statements about demand letters include which of the following?

Accepted Answer

Demand letters should be written in a professional and assertive tone, but not forceful or harassing. The client's demand must not be frivolous in order for it to hold weight, but the letter should not be insistent and adversarial. Therefore, choice D is the best option as it accurately represents the true statements about demand letters.

Question 6

A demand letter is one in which

Accepted Answer

A demand letter is typically sent by one party to another in a legal dispute, explaining the sender's legal position and demanding that the recipient take some specific action, such as paying a debt, ceasing a certain action, or providing certain documents or information. It is not the same as legal analysis or a judge's order, and is not typically a directive given by an attorney to a paralegal.

Question 7

A(n) is a thoroughly researched and objectively written summation of the facts, issues, and applicable law relating to a particular legal claim.

Accepted Answer

An internal legal memorandum is a document used within a law firm or legal department to communicate the findings of research and analysis regarding a specific legal matter, providing a comprehensive summary of the relevant facts, issues, and applicable laws.

Question 8

To avoid potential liability for the unauthorized practice of law, a paralegal should

Accepted Answer

Paralegals are not authorized to practice law, which includes issuing legal opinions. Signing an opinion letter could be construed as practicing law, so to avoid potential liability, a paralegal should never sign an opinion letter.

Question 9

Paralegal Susan prepares a letter for her supervising attorney in which they forcefully request that the addressee pay sums due under a contract between the addressee and their client. What type of letter has paralegal Susan drafted?

Accepted Answer

A demand letter is a legal document in which a party makes a formal request for payment or other performance. It is usually written by an attorney or paralegal and sent to the party who owes the debt or other obligation. The purpose of the letter is to demand that the debtor take action to fulfill their obligations under a contract or other agreement. The letter may also include a warning of legal action if the debtor fails to pay or remedy the situation within a specified timeframe.

Question 10

Attorney Markham hangs up the telephone and immediately dictates a letter that contains the substance of a settlement agreement discussed on the telephone. What kind of letter has attorney Markham prepared?

Accepted Answer

Attorney Markham has prepared a confirmation letter to confirm the substance of the settlement agreement discussed on the telephone. The purpose of this letter is to document the agreement and provide written confirmation to the other party.

Question 11

Which of the following is true of an internal legal memorandum?

Accepted Answer

An internal legal memorandum should be well reasoned and clearly written to effectively communicate the analysis and recommendations to other members of the legal team or organization. It is not limited to plain English or required to explain basic legal concepts, as its audience is typically knowledgeable in the field of law.

Question 12

The section of an internal legal memorandum presents the writer's detailed analysis of how the law applies to the facts.

Accepted Answer

The discussion section of an internal legal memorandum is where the writer presents their analysis of how the law applies to the facts of the case. This is where the writer will use legal reasoning and research to support their conclusion and offer potential outcomes for the situation at hand.

Question 13

Which of the following are the components of an internal legal memorandum?

Accepted Answer

An internal legal memorandum typically includes a heading, statement of facts, questions presented, brief conclusion, discussion and analysis, and conclusion.

Question 14

Attorney Briggs dictates a letter to a client advising the client not to change the locks on the apartment of a tenant who has not tendered a rent payment in two months. She includes a detailed analysis of the law explaining why the client should not take this action. Attorney Briggs then signs the letter. What kind of letter has attorney Briggs prepared?

Accepted Answer

Attorney Briggs has provided a detailed analysis of the law and given her opinion on why changing the locks on the tenant's apartment would not be advisable. This type of letter is commonly known as an opinion letter.

Question 15

When providing the factual background in an internal legal memorandum, you should

Accepted Answer

Providing an objective summary of key facts is essential in an internal legal memorandum. Omitting unfavorable facts or including irrelevant law information can compromise the integrity of the document and the credibility of the recommendatory conclusions. Using lots of legalese may obscure the essential facts and make the memorandum harder to read and understand. The objective summary of key facts should include relevant information to the legal issue and present the information in a clear and concise manner.

Question 16

Which of the following is true of the discussion section of the internal legal memorandum?

Accepted Answer

The discussion section is considered the most important part of the internal legal memorandum as it provides the legal analysis and application of the law to the facts of the case. It is where the writer should directly address the legal issues raised in the memorandum.

Question 17

Which of the following is true when preparing a statement of facts to be included in an internal legal memorandum?

Accepted Answer

When preparing a statement of facts to be included in an internal legal memorandum, it is the responsibility of the paralegal to determine which facts are legally significant. The facts should be presented objectively and without bias, rather than being slanted in favor of the client. The statement of facts should also be organized in a logical and coherent manner, rather than being haphazard. Presenting the facts in chronological order is often an effective method of presentation, as it helps to provide a clear and understandable timeline of events.

Question 18

Which of the following is an adversarial letter that attempts to persuade the reader to accept a position that is favorable to the writer's client?

Accepted Answer

A demand letter is typically an adversarial letter that is written with the purpose of persuading the recipient to take a specific action, such as paying a debt or providing a refund. The tone of the letter is often forceful, and the language used is intended to convey a sense of urgency and importance. The letter may threaten legal action if the recipient does not comply with the demands outlined in the letter.

Question 19

Which of the following states the substance of a previously conducted verbal discussion to provide a permanent record of the conversation?

Accepted Answer

A confirmation letter is used to confirm the substance of a previously conducted verbal discussion to provide a permanent record of the conversation. It is written to summarize the main points discussed in the conversation and confirm the agreement or understanding reached between the parties involved. This type of letter is commonly used in business to avoid misunderstandings and disputes that may arise in the future.

Question 20

Which of the following is true about opinion letters?

Accepted Answer

Opinion letters are typically written by attorneys and provide their legal opinion on a particular matter. They are often used in business transactions and other legal matters to provide assurance and reduce legal risk. Therefore, opinion letters must be signed by attorneys. The other choices are incorrect. Opinion letters are more than just providing information and typically include an analysis of the law. They can vary in length depending on the matter being addressed.

Quiz 9: Legal Writing:form and Substance