Deck 9: Legal Analysiskey Facts

Question 1

Key facts are often referred to as ultimate facts.

Answer 1

True

Question 2

There are three categories of key facts mentioned in the text.

Answer 2

False

Question 3

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.

Answer 3

True

Question 4

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

Question 5

A rule of law prescribes or directs action or forbearance.

Question 6

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 7

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

Question 8

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

Question 9

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

Question 10

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

Question 11

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 12

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

Question 13

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

Question 14

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

Question 15

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 16

Background facts may also be irrelevant facts.

Question 17

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

Question 18

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

Question 19

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 20

A failure to conduct a proper interview denies the client competent representation.

Question 21

When identifying the key facts in a court opinion:

A)Keep in mind the question, "What was decided about which facts?"
B)List all possible facts related to the decision reached
C)Look to the holding
D)All of the above
E)Answers a and b above

Question 22

Which of the following is a step used to determine which of the facts in a client's case are key facts?

A)Identify each cause of action possibly raised by the facts.
B)Identify the facts necessary to the holding.
C)List all the facts possibly related to the elements of the causes of action.
D)Determine which of the facts apply to establish or satisfy the elements of each cause of action.
E)All of the above
F)Answers a, c, and d above

Question 23

Facts are important in a lawsuit because:

A)The determination of how the law applies often depends on the presence of certain facts
B)Facts are an essential element of the issue
C)The outcome of the application of the law depends on the existence or absence of facts
D)The determination of whether a case is on point is completely governed by the facts
E)All of the above
F)Answers a, b, and c above

Question 24

Facts that provide the overall context within which the event occurred are referred to as:

A)Key facts
B)Ultimate facts
C)Secondary facts
D)Background facts
E)All of the above
F)Answers c and d above

Question 25

When several facts, considered together, may determine the outcome of a case, they are referred to as:

A)Primary key facts
B)Universal key facts
C)Groups of facts
D)Secondary key facts
E)All of the above
F)Answers a, b, and c above

Question 26

Key facts are often referred to as:

A)Material facts
B)Primary facts
C)Significant facts
D)Universal facts
E)All of the above
F)Answers a, b, and c above
G)Answers a and c above

Question 27

A fact may be:

A)A thing
B)An action
C)An event
D)A circumstance
E)All of the above
F)Answers a, b, and c above
G)Answers b, c, and d above

Question 28

Which of the following is a step used to determine the key facts in a court opinion?

A)Read the entire case.
B)Determine the elements of each cause of action.
C)List all the facts possibly related to the elements of the causes of action.
D)Determine which of the facts apply to establish or satisfy the elements of each cause of action.
E)All of the above
F)Answers b, c, and d above

Question 29

It is a sunny day, and Tom is stopped at a light at a four-way intersection in the city waiting for the light to change. Mary, stopped behind him, accidentally lets her foot slip off the brake, and her vehicle bumps into Tom's vehicle. The fact that it is a sunny day is most likely a:

A)Key fact
B)Background fact
C)Secondary fact
D)Primary fact
E)None of the above
F)Answers b and c above
G)Answers a and c above

Question 30

Facts critical to the outcome of the case are referred to as:

A)Primary facts
B)Key facts
C)Universal facts
D)Background facts
E)All of the above
F)Answers a and b above

Question 31

When identifying the key facts in a client's case:

A)Research may not be required to identify the possible causes of action
B)List all the facts possibly related to the elements of the possible causes of action
C)Identify all the elements of each possible cause of action
D)The facts that establish or satisfy the elements of each cause of action are the key facts
E)All of the above
F)Answers b, c, and d above

Question 32

Facts that are coincidental to the event but not of legal significance in the case are referred to as:

A)Key facts
B)Ultimate facts
C)Secondary facts
D)Irrelevant facts
E)All of the above
F)Answers c and d above

Question 33

Which of the following is a category of key facts?

A)Ultimate key facts
B)Individual key facts
C)Groups of facts
D)Background facts
E)All of the above
F)Answers a, b, and c above
G)Answers b and c above

Question 34

Which of the following is a way to identify the key facts in a court opinion?

A)Ask yourself whether the decision would have been the same if a fact had not occurred.
B)Ask yourself whether the court indicates that a certain fact is a key fact.
C)Ask yourself if the key facts are identified in concurring or dissenting opinions.
D)Look to other court opinions that have discussed the case.
E)All of the above
F)Answers a, b, and c above
G)Answers a, c, and d above

Question 35

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)A primary key fact
B)A universal key fact
C)An individual key fact
D)A secondary key fact
E)All of the above
F)Answers a, b, and c above