Legal Writing I Section 6

1
Legal Writing I Section 6

• Review for Final.
• Sample questions prepared by students.

2
Which is NOT a form of reasoning discussed in the
Edwards text?

• Rule-based.
• Narrative.
• Inference-based.
• Policy-based.

3
Which is NOT a form of reasoning discussed in the
Edwards text?

• Answer
• C. Inference-based.

4
Citation to authority is always needed in

• Question Presented.
• Brief Answer.
• Discussion.
• Conclusion.

5
Citation to authority is always needed in

• Answer
• C. Discussion.

6
What type of rule statement is used in the
followingA case may be brought in federal court
if there is diversity of citizenship and the
amount in controversy exceeds 75,000.

• Factors test.
• Conjunctive test.
• Disjunctive test.

7
What type of rule statement is used in the
followingA case may be brought in federal court
if there is diversity of citizenship and the
amount in controversy exceeds 75,000.

• Answer
• B. Conjunctive test.

8
Which of the following sources has the greatest
weight?

• Law Review article written by a renowned scholar.
• Restatement.
• Case from highest court in your jurisdiction.
• Statute.

9
Which of the following sources has the greatest
weight?

• Answer
• D. Statute.

10
True or False The following full citation is
correct. Smith v. Jones, 42 U.S. 725, 726 (U.S.
2003).

• True.
• False.

11
True or False The following full citation is
correct. Smith v. Jones, 42 U.S. 725, 726 (U.S.
2003).

• Answer
• B. False

12
Which of the following is unlikely to be cited as
a source in an office memo?

• A. Statutes.
• B. Cases.
• C. Law review articles.
• D. Legal Encyclopedias.

13
Which of the following is unlikely to be cited as
a source in an office memo?

• Answer
• D. Legal Encyclopedias.

14
Which of the following should be included in the
Brief Answer of an office memo?

• Citation to authority.
• Case illustrations.
• Summary of reasoning.
• Explanatory parentheticals.
• Both A. and C.

15
Which of the following should be included in the
Brief Answer of an office memo?

• Answer
• C. Summary of reasoning.

16
In predictive writing, which is better?

• Mr. Smith was injured by Mr. Brown in a car
  accident.
• Mr. Brown injured Mr. Smith in the car accident.

17
In predictive writing, which is better?

• Answer
• B. Mr. Brown injured Mr. Smith in the car
  accident.

18
Which of the following is not part of an office
memo?

• Brief Discussion.
• Question Presented.
• Statement of Facts.
• Conclusion.

19
Which of the following is not part of an office
memo?

• Answer
• A. Brief Discussion.

20
The statement X is like Y illustrates which
type of reasoning?

• Narrative.
• Analogical.
• Counter-analogical.
• Policy-based.

21
The statement X is like Y illustrates which
type of reasoning?

• Answer
• B. Analogical.

22
True or False Et al is used to denote omitted
parties when citing a case name.

• True.
• False.

23
True or False Et al is used to denote omitted
parties when citing a case name.

• Answer
• B. False.

24
True or False The period after id. is always
underlined or italicized.

• True.
• False.

25
True or False The period after id. is always
underlined or italicized.

• Answer
• A. True.

26
Which of the following should the writer do to
help the reader understand the memo?

• A. Explain the difference between primary and
  secondary authority.
• B. Omit specific facts from the
  analogies/distinctions.
• C. Use long, verbose sentences.
• D. None of the above.

27
Which of the following should the writer do to
help the reader understand the memo?

• Answer
• D. None of the above.

28
Which following full citation is correct?

• Roe v. Wade, 93 S. Ct. 705 (1973).
• Roe v. Wade, 410 U.S. 113 (1973).
• Roe v. Wade, 410 U.S. 113 (U.S. 1973).

29
Which following full citation is correct?

• Answer
• B. Roe v. Wade, 410 U.S. 113 (1973).

30
Which is better?

• In order to make a successful tort claim, a
  plaintiff must show duty, breach, causation and
  injury.
• To make a successful tort claim, a plaintiff must
  show duty, breach, causation, and injury.

31
Which is better?

• Answer
• B. To make a successful tort claim, a plaintiff
  must show duty, breach, causation, and injury.

32
Which of the following is correct?

• Its is a possessive pronoun.
• Its is the contraction of it and is.
• Both A. and B. are correct.
• Neither A. nor B. are correct.

33
Which of the following is correct?

• Answer
• C. Both A. and B. are correct.

34
True or False In office memos, only numbers
under 10 must be spelled out.

• True.
• False.

35
True or False In office memos, numbers under 10
must be spelled out.

• B. False.

36
True or False The Brief Answer and the
Conclusion contain the exact same information.

• True.
• False.

37
True or False The Brief Answer and the
Conclusion contain the exact same information.

• Answer
• B. False

38
In the present case, the Smiths will be able to
collect damages.The sentence would most likely
be included in

• Rule.
• Rule explanation.
• Rule application.
• Conclusion

39
In the present case, the Smiths will be able to
collect damages.The sentence would most likely
be included in

• Answer
• C. Rule application.

40
The umbrella section could include

• The umbrella (or governing) rule.
• Address undisputed parts of the rule.
• Policy points.
• Both A. and C.
• All of the above.

41
The umbrella section could include

• E. All of the above.

42
Which of the following is an example of primary
authority?

• Case law created by courts.
• Statutory law created by legislatures.
• Administrative law created by governmental
  agencies.
• All of the above.

43
Which of the following is an example of primary
authority?

• Answer
• D. All of the above.

44
How do you know when to stop researching?

• When you keep finding the same sources.
• When you have reached your proscribed time limit.
• When you are able to write a twelve page memo.
• Both A. and B.

45
How do you know when to stop researching?

• Answer
• D. Both A. and B.

46
True or False The primary audience of an office
memo is the client.

• A. True.
• B. False.

47
True or False The primary audience of an office
memo is the client.

• Answer
• B. False.

48
Analogical reasoning

• Reaches a result by establishing and applying a
  rule of law.
• Reaches a result by showing similarities between
  authorities and the clients situation.
• Reaches a result by pointing out relevant
  differences between case authority and the
  clients facts.

49
Analogical reasoning

• Answer
• B. Reaches a result by showing similarities
  between authorities and the clients situation.

50
Which of the following is not a proper short
answer to begin the Brief Answer?

• A. Probably yes.
• B. No.
• C. Yes.
• D. Maybe not.

51
Which of the following is not a proper short
answer to begin the Brief Answer?

• Answer
• D. Maybe not.

52
True or False Headnotes can be used to find
other relevant cases.

• True.
• False.

53
True or False Headnotes can be used to find
other on point cases.

• A. True.

54
True or False There are only four sections in an
office memo .

• True.
• False.

55
True or False There are only four sections in an
office memo .

• Answer
• B. False.

56
Does a question mark go inside or outside a close
quotation mark?

• Inside.
• Outside.
• It depends.

57
Does a question mark go inside or outside a close
quotation mark?

• Answer
• C. It depends.

58
What words should a writer avoid when describing
the actions of a court?

• Feel.
• Think.
• Believe.
• Argue.
• All of the above.

59
What words should a writer avoid when describing
the actions of a court?

• Answer
• E. All of the above.

60
Identify the error in the following citation 91
P.3d 721 at 730.

• A. All short cites must include a short case
  name.
• B. The page the case starts should not be
  included.
• C. Both A. and B.
• D. The citation is correct.

61
Identify the error in the following citation 91
P.3d 721 at 730.

• Answer
• B. The page the case starts should not be
  included.

62
Which of the following words/phrases is not an
example of unnecessary wordiness?

• A. Due to.
• B. In order to.
• C. Just.
• D. Because.

63
Which of the following words/phrases is not an
example of unnecessary wordiness?

• Answer
• D. Because.

64
What is the difference between an annotated and
unannoted code?

• There is no difference.
• An unannotated code includes references to
  secondary sources while an annotated code does
  not.
• An unannotated code contains only the statute as
  it was passed by the legislature while an
  annotated code gives references to other primary
  and secondary sources.

65
What is the difference between an annotated code
and an unannoted code?

• Answer
• C. An unannotated code contains only the statute
  as it was passed by the legislature while an
  annotated code gives references to other primary
  and secondary sources.

66
A good distinction includes

• Specific, relevant fact from authority.
• Specific, relevant fact from our case.
• If needed, an explanation of the relevance of the
  fact.
• Both A. and B.
• All of the above.

67
A good distinction includes

• Answer
• E. All of the above.

68
The c in court is capitalized when

• Using the courts proper name.
• Referring to the U.S. Supreme Court.
• When submitting a document to court and referring
  to the court that will be reviewing the
  documents.
• All of the above.

69
The c in court is capitalized when

• Answer
• D. All of the above.

70
Which of the following sentences would be most
appropriate in an office memo?

• A. Mr. Summers neglected his children by
  forgetting their birthdays.
• B. Its easy to see that Mr. Summers doesnt care
  about his children.
• C. Mr. Summers says he forgot Alexs birthday.

71
Which of the following sentences would be most
appropriate in an office memo?

• Answer
• C. Mr. Summers says he forgot Alexs birthday.

72
Which of the following IS NOT a correct short
cite?

• Id.
• Id. at 791.
• ODonnell-Lamont, 91 P.3d at 791.
• 91 P.3d 791.

73
Which of the following IS NOT a correct short
cite?

• Answer
• D. 91 P.3d 791.

74
Persuasive authority could be included in an
office memo when

• There is no binding authority on point.
• The persuasive authority is more recent.
• There are relevant factual similarities.
• All of the above.

75
Persuasive authority could be included in an
office memo when

• Answer
• D. All of the above.

76
Which is correct?

• The summer is coming soon and I am looking
  forward to it.
• I always invite them over for dinner but they are
  always too busy.
• Both A. and B. are correct.
• Neither A. nor B. are correct.

77
Which is correct?

• Answer
• D. Neither A. nor B. are correct.

78
Characteristics that affect the value of a case
include

• Date of the opinion.
• Whether the courts statements about the issue
  are part of the holding or are dicta.
• Number of subscribing judges.
• Factual similarity between the case and the
  clients case.
• All of the above.

79
Characteristics that affect the value of a case
include

• Answer
• E. All of the above.

80
You are writing a memo on a question of Texas
law. Each of the following sources addresses your
issue. Which would be the best authority to use
in the office memo?

• Texas statute.
• Case from Oklahoma Supreme Court.
• Case from Texas Court of Appeals.
• Case from Texas Supreme Court.

81
You are writing a memo on a question of Texas
law. Each of the following sources addresses your
issue. Which would be the best authority to use
in the office memo?

• Answer
• A. Texas statute.

82
True or False A readers attention is evenly
distributed when reading a memo.

• True.
• False.

83
True or False A readers attention is evenly
distributed when reading a memo.

• Answer
• B. False.

84
True or False When citing multiple cases from
the same court in a string cite, order the cases
in alphabetical order by the first word in the
case name.

• True.
• False.

85
True or False When citing multiple cases from
the same court in a string cite, order the cases
in alphabetical order by the first word in the
case name.

• Answer
• B. False.

86
Does a comma go inside or outside a closing
quotation mark?

• Inside.
• Outside.
• It depends.

87
Does a comma go inside or outside a closing
quotation mark?

• Answer
• A. Inside.

88
What does a word ending in s signify?

• Plural possessive.
• Singular possessive.
• Typo.

89
What does a word ending in s signify?

• Answer
• Plural possessive.

90
True or False Contractions can never appear in
office memos.

• True.
• False.

91
True or False Contractions can never appear in
office memos.

• Answer
• B. False could appear in direct quotes.

92
In an office memo, you want to cite to a case
reported in both the West Virginia Reports and
the South Eastern Reporter. Which reporter should
you use in the citation?

• West Virginia Reports.
• South Eastern Reporter.

93
In an office memo, you want to cite to a case
reported in both the West Virginia Reports and
the South Eastern Reporter. Which reporter should
you use in the citation?

• Answer
• B. South Eastern Reporter.

94
When researching an issue of child custody in
Texas, which court opinion would have the
greatest weight?

• A case decided by the Texas Supreme Court.
• A case decided by the Texas Court of Appeals
• A case decided by the U.S. Court of Appeals for
  the Fifth Circuit.

95
When researching an issue of child custody, which
court opinion would have the greatest weight?

• Answer
• A. A case decided by the Texas Supreme Court.

96
Bob should not be bound by the contract because
he is sixteen-years old, and A v. B establishes
that minors do not have the capacity to execute a
binding contract.This is an example of

• A. Rule-based reasoning.
• B. Analogical reasoning.
• C. Counter-analogical reasoning.
• D. Narrative reasoning.

97
Bob should not be bound by the contract because
he is sixteen-years old, and A v. B establishes
that minors do not have the capacity to execute a
binding contract.This is an example of

• Answer
• A. Rule-based reasoning.

98
A quote would be appropriate when

• The original author has a particularly effective
  way of expressing the idea.
• When the issue turns on the interpretation of
  particular words.
• Both A. and B.

99
A quote would be appropriate when

• Answer
• C. Both A. and B.

100
Identify the error in the following full
citation Strome v. Strome, 120 P.3d 499, 503
(2005).

• The comma should be underlined.
• A pinpoint is never needed in a full cite.
• The incorrect reporter is used.
• The court abbreviation is missing.

101
Identify the error in the following full
citation Strome v. Strome, 120 P.3d 499, 503
(2005).

• Answer
• D. The court abbreviation is missing.

102
Which source is better to use in an office memo?

• Law Review Article.
• American Jurisprudence.

103
Which source is better to use in an office memo?

• Answer
• A. Law Review Article.

104
True or False A sentence should generally be 20
words or less.

• True.
• False.

105
True or False A sentence should generally be 20
words or less.

• Answer
• A. True.

106
Identify the errors in the following
citationODonnell-Lamont 91 P3d at 738.

• There should be a comma after the case name.
• There should be a period after the P
• The first page of the case should be included.
• Both A. and B.
• All of the above.

107
Identify the errors in the following
citationODonnell-Lamont 91 P3d at 738.

• Answer
• C. Both A. and B.

108
Policy-based reasoning

• Reaches a result by telling a story.
• Reaches a result by showing similarities between
  the authorities and the clients case.
• Reaches a result by analyzing which answer would
  be best for society.
• All of the above.

109
Policy-based reasoning

• Answer
• D. Reaches a result by analyzing which answer
  would be best for society.

110
True or False The Question Presented contains
legal conclusion.

• True.
• False.

111
True or False The Question Presented contains
legal conclusion.

• Answer
• B. False.

112
True or False Explanatory parentheticals always
begin with present participles.

• True.
• False.

113
True or False Explanatory parentheticals always
begin with present participles.

• Answer
• B. False.

114
True or False The signal see generally is
frequently used in office memos.

• True.
• False.

115
True or False The signal see generally is
frequently used in office memos.

• B. False.

116
A signal is needed when

• The cited authority directly supports the
  proposition.
• The cited authority identifies the source of a
  quotation.
• The cited authority identifies the authority
  referred to in the text.
• The cited authority supports the proposition only
  be inference.

117
A signal is needed when

• Answer
• D. The cited authority supports the proposition
  only be inference.

118
Which signal indicates that the citing authority
is one example of a representative list of cases
that make the same point?

• A. See
• B. E.g.
• C. Accord
• D. See also

119
Which signal indicates that the citing authority
is one example of a representative list of cases
that make the same point?

• Answer
• B. E.g.

120
True or False A sentence can never begin with
the word But.

• True.
• False.

121
True or False A sentence can never begin with
the word But.

• Answer
• B. False.

122
What is the appropriate full cite for the
following Andrew D. Ricketts versus Kate
Scothorn, decided by the Nebraska Supreme Court
on December 8, 1898, and reported at volume 77,
page 365 in the North Western Reporter.

• A. Ricketts v. Scothorn, 77 N.W. 365 (1898)
• B. Ricketts v. Scothorn, 365 N.W. 77 (Neb. 1898)
• C. Ricketts v. Scothorn, 77 N.W. 365 (Neb. 1898)

123
What is the appropriate full cite for the
followingAndrew D. Ricketts versus Kate
Scothorn, decided by the Nebraska Supreme Court
on December 8, 1898, and reported at volume 77,
page 365 in the North Western Reporter.

• Answer
• C. Ricketts v. Scothorn, 77 N.W. 365 (Neb. 1898)