Question 1

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

Accepted Answer

False

Question 2

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

Accepted Answer

The rule of law provides the framework for resolving legal disputes, while the facts of a case determine its outcome within that framework. Both are essential for a fair and just resolution.

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.

Accepted Answer

It is important to list all facts related or necessary to the holding in order to fully understand the court's decision and reasoning. Omitting any key facts could affect one's interpretation of the opinion.

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?"

Accepted Answer

This test is used to identify a key fact in legal cases, as changing a key fact could potentially change the outcome of the application of the law.

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 .

Accepted Answer

The answer of When a single fact is so significant...

Question 6

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

Accepted Answer

The text does not recommend or outline a specific 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.

Accepted Answer

The answer of In the text, background facts are referred...

Question 8

Three categories of key facts are mentioned in the text.

Accepted Answer

The statement does not specify any text or context, so it is impossible to determine if three categories of key facts are mentioned.

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.

Accepted Answer

It is important to determine the elements of the cause of action in order to ensure that the plaintiff can establish each element with relevant facts.

Question 10

A rule of law prescribes or directs action or forbearance.

Accepted Answer

A rule of law provides guidance on what actions must be taken or avoided, and therefore it prescribes or directs action or forbearance.

Question 11

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

Accepted Answer

The answer of The text recommends a four-step process for...

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.

Accepted Answer

In the text, irrelevant facts are referred to as facts that are not related to the main topic or purpose of the text and do not contribute to the understanding of the key facts. They are considered to be distractions from the main point.

Question 13

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

Accepted Answer

This statement is true. The application of the law to the elements of a cause of action is dependent on the facts of the case. Different cases may have similar legal issues, but the outcome will depend on the specific facts of each case.

Question 14

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

Accepted Answer

Conducting a proper interview is essential to ensure that ethical guidelines are followed. Failure to do so may result in ethical violations such as discrimination, bias or invasion of privacy.

Question 15

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

Accepted Answer

Key facts are the primary facts that gave rise to the legal dispute and are essential to understanding the case. They form the basis of the legal argument and provide context to the issue at hand.

Question 16

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

Accepted Answer

A fact in a lawsuit is information that describes something that actually happened or exists, not someone's interpretation of what took place. Interpretations are considered opinions or arguments.

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.

Accepted Answer

While the similarity between the facts of the opinion and the facts of the client's case is crucial, the determination of whether a court opinion is on point also involves considering the jurisdiction, the legal principles applied, and the context of the decision, among other factors.

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.

Accepted Answer

It is important to list all possible facts that may be related to the cause of action in order to ensure that no important information is overlooked. It is better to have too much information than not enough, as the attorney can then sift through and analyze the facts to determine which are most important and relevant to the case.

Question 19

Key facts are often referred to as ultimate facts .

Accepted Answer

The answer of Key facts are often referred to as...

Question 20

Background facts may also be irrelevant facts.

Accepted Answer

Background facts may provide context but may not be directly relevant to the main issue or argument at hand.

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