Deck 16: Office Legal Memorandum: Issues and Facts

Question 1

An office legal memorandum may be used at every stage of the litigation process.

Answer 1

True

Question 2

When preparing an office legal memorandum, the most important section of the prewriting stage is determining the constraints on the assignment.

Answer 2

False

Question 3

Most office legal memoranda begin with the statement of the assignment.

Answer 3

False

Question 4

The statement of the assignment section of an office legal memorandum usually includes information identifying the subject of the memorandum.

Question 5

When an office legal memorandum involves more than one issue, each issue is listed sequentially in the issue section rather than at the beginning of the analysis of each issue.

Question 6

The heading of an office legal memorandum usually includes information identifying the subject matter of the memorandum.

Question 7

The use of legal terminology is appropriate when drafting an office legal memorandum.

Question 8

Ethical considerations are usually not involved when preparing an assignment intended for internal office use, such as an office legal memorandum.

Question 9

An office legal memorandum is not used to address issues raised on appeal.

Question 10

An office legal memorandum presents a subjective analysis of the legal arguments in support of the client's case.

Question 11

Correspondence is the type of legal writing most frequently prepared when a law clerk or paralegal engages in legal research and analysis.

Question 12

In the facts section of an office legal memorandum, the facts may be presented in a combination of chronological and topical order.

Question 13

The brief answer section may entirely consist of a one- or two-word answer, such as "yes" or "no."

Question 14

The issue is presented after the heading and before the statement of assignment in an office legal memorandum.

Question 15

The components and considerations involved in the preparation of a complex office legal memorandum are not the same as those involved in the preparation of a basic office legal memorandum.

Question 16

The brief answer section may not be included in some office legal memorandum formats.

Question 17

The facts section of an office legal memorandum should be so detailed that any reader who is not familiar with the facts of the case does not have to refer to the case file.

Question 18

If issues are dependent or affected by other issues, they should be listed in chronological order.

Question 19

An office legal memorandum is often used as a basis for the preparation of a document to be filed with a court.

Question 20

The considerations involved in the preparation of office legal memoranda also apply to the preparation of legal analysis documents intended for external use.

Question 21

In regard to the brief answer section of an office legal memorandum:

A)It may not be included in some office legal memorandum formats
B)It may consist entirely of a one-word answer
C)It may include reference to information not included in the analysis section of the memo
D)It is followed by a brief statement of the fscts in support of the answer
E)All of the above
F)Answers a and d above
G)Answers a, b, and c above

Question 22

An office legal memorandum:

A)Presents a subjective analysis of the legal arguments in support of the client's position
B)Contains a summary of the law that applies to the client's facts
C)Discusses how the law applies to the client's case
D)Presents an objective legal analysis of the issues raised by the facts of the case
E)All of the above
F)Answers a, b, and c above
G)Answers b, c, and d above

Question 23

In a complex office legal memorandum involving several issues:

A)Each issue is listed at the beginning of the analysis section of that issue
B)The issues are listed in logical order
C)If the analysis of one issue is dependent on or affected by the analysis of another issue, the issue that affects the other issue should be presented first
D)If the issues are dependent on or affected by other issues, the issues should be presented in chronological order
E)All of the above
F)Answers a, b, and c above
G)Answers b and c above

Question 24

The facts section is important for which of the following reasons?

A)It identifies the law that applies to the case.
B)It may refresh the attorney's memory.
C)It is available for reference in other cases.
D)It protects you from possible criticism.
E)All of the above.

Question 25

The heading of an office legal memorandum usually includes:

A)A statement of the assignment
B)The date
C)The name of the person preparing the assignment
D)Information identifying the subject of the memo
E)All of the above
F)Answers a, b, and c above
G)Answers b, c, and d above

Question 26

Which of the following is a major purpose and function of an office memo?

A)Identify and record the law that applies to a specific issue or issues raised by the client's facts
B)Analyze and explain how the law applies to the issue(s)
C)Present a subjective analysis of the legal arguments in support of the client's position
D)Present a conclusion and proposed solution based on the analysis
E)All of the above
F)Answers a, b, and d above
G)Answers a, b, and c above

Question 27

Office legal memoranda are required in which of the following stages of the litigation process?

A)Prior to discovery
B)During discovery
C)During trial
D)On appeal
E)All of the above
F)Answers a, b, and c above
G)Answers b and c above

Question 28

Which of the following sections may not be included in some office legal memorandum formats?

A)A statement of assignment
B)An issue section
C)A brief answer
D)A conclusion
E)All of the above
F)Answers a and c above
G)Answers a, c, and d above

Question 29

Which of the following are organizational formats for presenting the facts?

A)Chronological
B)Topical
C)Subjectively
D)Free of conclusion
E)All of the above
F)Answers a and b

Question 30

Why are background facts necessary?

A)They determine the outcome of the case.
B)They put key facts in context.
C)They are a reference for future cases.
D)They protect you from criticism.

Question 31

The facts in the facts section may be presented in:

A)Chronological order
B)Topical order
C)A combination of chronological and topical order
D)All of the above
E)Answers a and b above

Question 32

The facts section of an office legal memorandum is presented after the:

A)Heading and before the issue
B)Statement of assignment and before the issue
C)Issue and before the brief answer
D)Brief answer and before the analysis

Question 33

The format of a complex office legal memorandum may include:

A)Heading
B)Statement of Facts
C)Point headings
D)A preliminary statement
E)All of the above
F)Answers a and b above

Question 34

An office legal memorandum may be used in a law office:

A)As a guide to subsequent researchers in the office
B)To refresh the memory of an attorney assigned to the case on how the law applies
C)As a guide to preparing court documents
D)As a guide to the course of action to pursue
E)All of the above
F)Answers a, b, and c above
G)Answers a and d above

Question 35

A statement of assignment of an office legal memorandum usually includes:

A)The date
B)The name of the person preparing the assignment
C)The name of the person for whom the assignment is prepared
D)The case name
E)All of the above
F)Answers a, b, and d above
G)None of the above