Question 1

Which element of a case brief is the most important?

Accepted Answer

Analysis is the most important element of a case brief because it explains how the court applied the law to the facts of the case, demonstrating the reasoning behind the court's decision. This helps in understanding the legal principles and how they are interpreted, which is crucial for legal study and practice.

Question 2

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

Accepted Answer

A case brief typically includes the facts of the case, the legal issues presented, the court's analysis, and the judicial history. Precedent, while related to the case and its analysis, is not an element of the brief itself but rather something that the brief might discuss or reference in the context of the court's decision.

Question 3

The Thesis Paragraph should not:

Accepted Answer

The thesis paragraph should set forth the legal issue and state the legal conclusions, but it should not explain in detail the legal rules governing the issues. The legal rules should be discussed in the analysis section of the memo.

Question 4

Id. and supra are examples of:

Accepted Answer

Id. and supra are commonly used shorthand ways of citing authorities in legal writing. "Id." is short for "ibidem" which means "in the same place" and is used to refer to the previously cited authority. "Supra" means "above" and is used to refer to an authority that has been cited earlier in the text.

Question 5

Which section of a legal memorandum contains a concise statement of all relevant and explanatory information?

Accepted Answer

The facts section contains a concise statement of all relevant and explanatory information. It provides the background information necessary to understand the legal problem and supports the analysis and conclusion sections of the memorandum.

Question 6

A topic sentence:

Accepted Answer

A topic sentence introduces the main point of a paragraph or section and connects it back to the thesis of the essay, but it is not the same thing as a thesis paragraph. It can be used in conjunction with a thesis paragraph, and serves to present specific sub-issues or ideas that support the overall thesis. Therefore, option C is the most accurate answer.

Question 7

Which part of a case brief might include statutes or case law?

Accepted Answer

The "Rule" section of a case brief typically includes statutes or case law that are central to the legal issue at hand.

Question 8

Which part of a case brief is the most important section?

Accepted Answer

The answer of Which part of a case brief is...

Question 9

Which section of a legal memorandum contains a short and concise answer to the question raised in the issue statement?

Accepted Answer

The conclusion section of a legal memorandum contains the short and concise answer to the question raised in the issue statement.

Question 10

Which of the following is a type of citation manual?

Accepted Answer

All three options are types of citation manuals commonly used in academic and legal writing. The Bluebook is mainly used in legal writing, while the ALWD Manual and Chicago Manual of Style are more commonly used in academic writing across various disciplines. It is important for writers to consult the appropriate citation manual for their specific field to ensure accurate and consistent citation practices.

Question 11

Which section of a legal memorandum explains the results of research, answers the question or questions in the issue statement, and gives the reasons for the answers?

Accepted Answer

The discussion/analysis section is where the researcher explains the results of their research, offers answers to the questions presented in the issue statement, and provides the reasons or legal analysis supporting those answers.

Question 12

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

Accepted Answer

The sentence is in passive voice because the subject ("the actions") is receiving the action rather than performing it.

Question 13

Which part of a case brief should be one sentence long and is best written as a question?

Accepted Answer

The Issue section of a case brief should be one sentence long and is best written as a question because it identifies the legal question at the heart of the case.

Question 14

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

Accepted Answer

All of the above options are important in preparing a first draft of a legal document. Rereading the directions will ensure that you are following the correct instructions. Beginning in a logical fashion will help organize your thoughts and make the overall document easier to understand. Completing one section before moving on to another section will help ensure completeness and accuracy in each individual section. Periodically going back and rereading the directions will help ensure that you have not missed any important details.

Question 15

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

Accepted Answer

The case brief is the initial step in preparing a formal written analysis, often referred to as a legal memorandum.

Question 16

Which part of a case brief lets the reader know what happened in each of the lower courts?

Accepted Answer

The judicial history section of a case brief provides information on what happened in each of the lower courts.

Question 17

Which method of stating the facts in a legal memorandum states the facts in the order in which they occur?

Accepted Answer

Chronologically stating the facts in a legal memorandum helps to provide a clear and organized understanding of the events as they occurred. This is often the preferred method for presenting the facts.

Question 18

When citing authorities you should use:

Accepted Answer

Both the Uniform System of Citation and state style manuals provide guidance on how to cite authorities properly. The choice between the two may depend on the specific jurisdiction or publication being cited. A legal treatise and legal encyclopedia may also be useful sources for citing authorities, but they are not specifically designed for that purpose.

Question 19

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

Accepted Answer

Judicial history is not typically included in a legal memorandum. The other options (A through E) are common sections in a legal memorandum.

Question 20

Which part of a case brief might include statutes or case law?

Accepted Answer

The rule section of a case brief is where statutes or case law would be included. It is where the legal principles relevant to the case are stated.

Quiz 5: Using the Law: Analysis and Legal Writing

Which element of a case brief is the most important?

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

The Thesis Paragraph should not:

Id. and supra are examples of:

Which section of a legal memorandum contains a concise statement of all relevant and explanatory information?

A topic sentence:

Which part of a case brief might include statutes or case law?

Which part of a case brief is the most important section?

Which section of a legal memorandum contains a short and concise answer to the question raised in the issue statement?

Which of the following is a type of citation manual?

Which section of a legal memorandum explains the results of research, answers the question or questions in the issue statement, and gives the reasons for the answers?

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

Which part of a case brief should be one sentence long and is best written as a question?

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

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

Which part of a case brief lets the reader know what happened in each of the lower courts?

Which method of stating the facts in a legal memorandum states the facts in the order in which they occur?

When citing authorities you should use:

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

Which part of a case brief might include statutes or case law?