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COMPETENCY TEST ANSWER SHEET

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					2002 COMPETENCY TEST I -- ANSWER SHEET
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Section 1: Bluebook
(Total Points: 30)

(Note to scorers: To pass this portion of the test, students will need to get 70% of the
available points. That means they'll need 21 or more points to pass this section. The total
points available for each question is noted in bold italics right underneath the question on
your grade sheet, but not on their test. You can give partial credit for partially-correct
answers, but avoid giving partial credit for a question that is clearly wrong (e.g., using id.
where it isn't appropriate). As you score the answers, mark the number of points you have
given for each question in the left margin, separated by a slash from the total possible
points for that question (e.g., 2/4). Write the total number of points for any given section
just to the right of the Section Heading, circle it and indicate pass or fail next to it. When
you're done, write PASS or FAIL at the TOP of the test, just to the right of the main
heading).

Write the proper citation based on the information given in each question. Read
each question carefully. Be meticulous about underlining, capitalization, and
punctuation. MAKE YOUR SPACING CLEAR. Do not include introductory
signals unless specifically asked to do so. Please write legibly. We cannot give
credit for what we cannot read.


1. Agricultural Broadcasting Service is the plaintiff in a case you wish to cite.
According to Table T-6, how should its name be abbreviated when you cite the
case?

(3 pts.): Agric. Broad. Serv.


A perfect answer gets 3 points. Deduct 1 point if they fail to abbreviate
Agricultural, Broadcasting, or Service, respectively.


2. You are writing a memorandum of law for your senior partner on property law.
In the memo, you quote a leading case on construction of a deed. To save
space, you wish to omit some non-essential words. Using Rule 5.3(b), select the
proper choice for omitting the words in bold from this quotation:

“Defendant conveyed Blackacre to Plaintiff and her heirs, her assigns, and her
successors in interest. Although it has been argued that this was a life
estate, we hold that clearly it was a fee simple conveyance.”




                                        Page 1 of 12
   (a) “Defendant conveyed Blackacre to Plaintiff and her heirs, her assigns, and
       her successors in interest. [W]e hold that . . . it was a fee simple
       conveyance.”

   (b) “Defendant conveyed Blackacre to Plaintiff and her heirs, her assigns, and
       her successors in interest. . . We hold that . . . it was a fee simple
       conveyance.”

   (c) “Defendant conveyed Blackacre to Plaintiff and her heirs, her assigns, and
       her successors in interest. . . . [W]e hold that . . . it was a fee simple
       conveyance.”


(3 pts.): The ONLY answer that earns any points is (c) and it earns 3 points.




3. You have just cited Maher v. Tuttle, 86 N.C. App. 310, 313, 236 S.E.2d 352,
354 (1973) in a brief to the North Carolina Supreme Court. You now plan to
quote text from the case that appears on pages 315 and 316 of the North
Carolina Court of Appeals Reports and on page 356 of the South Eastern
(Second) Reporter. Assume that there are no intervening citations. Using Rules
P.4(a), 1.2, 3.3(d), 4.1, and 10.9, write a proper citation.

(3 pts.): Id. at 315-16, 236 S.E.2d at 356 is the correct answer and receives
3 points. Maher (or Tuttle), 86 N.C. App. at 315-16, 236 S.E.2d at 356 OR 86
N.C. App. at 315-16, 236 S.E.2d at 356 only receive 2.5 points of credit.

(Deduct 2 full points if the student didn't use a short form at all or failed to
use the N.C. Court of Appeals Reporter cite if choosing any option other
than Id. Deduct 1/2 point for failing to underline the period in Id. Deduct an
additional point if the student chose a short form other than Id. but failed to
use a parallel cite).



4. Please correct each citation according to the seventeenth edition of The
Bluebook. Use the citation rules and typeface conventions applicable to legal
memoranda and court documents. Do not use the rules or typeface conventions
applicable to law review footnotes.

(3 pts.: completely correct answer gets 1 pt., partially correct gets ½ pt. –
deduct ½ pt. if they use law review typeface conventions)


                                  Page 2 of 12
             a. Federal Rule of Civil Procedure, specifically, Rule 12(b)(4),
             published in 1998.

Fed. R. Civ. P. (12)(b)(4)


             b. Corpus Juris Secundum (“C.J.S.”), entry on “Landlord and
             Tenant,” section 37, volume 46, published in 1981

46 C.J.S. Landlord and Tenant § 37 (1981)


             c. An annotation by Frank R. Chut entitled “The Legislative Veto
             and the War Powers Resolution,” appearing in American Law
             Reports (federal series), volume 85, starting page 231, published in
             1991.

Frank R. Chut, Annotation, The Legislative Veto and the War Powers
Resolution, 85 A.L.R. Fed. 231 (1991)



5. You wish to cite section 457 in title 18 in the United States Code. This statute
was passed in 1994 and it now appears in the 1996 edition of the code. The
statute was amended in 1998, and the amendment appears in Supplement IV,
dated 2000. You wish to cite to both the 1996 volume and the amendment in the
2000 volume, in a single citation. According to Rules 3.2(c) and 12.3.1(e), the
proper citation is:

(3 pts.): 18 U.S.C. § 457 (1996 & Supp. IV 2000)

(A perfect answer gets 3 points. Deduct 1 point for failing to include both
the 1993 and Supp. 1998 references in the parentheses. Deduct 1 point for
using the wrong dates. Deduct 1/2 point for obvious spacing errors or for
writing out the word section. The abbreviation "sec." is okay in RRWA,
although not approved expressly by the Bluebook)


6. You are planning to cite Greeley v. Gawronski, which was decided in 1978.
The case begins on page 68 of the North Carolina Court of Appeals Reports
(volume 60) and on page 324 of the South Eastern (Second) Reporter (volume
132). You are presenting this legal document to a North Carolina court. The
proper citation is:

(3 pts.):Greeley v. Gawronski, 60 N.C. App. 68, 132 S.E.2d 324 (1978)


                                   Page 3 of 12
(It is impossible to anticipate all possible answers, but some guidelines
should help our scoring be consistent. I would give a student 3 points for
a perfect response, and deduct one point for each MAJOR error they make.
Consider the following errors to be major: failing to underline the case
name, putting S.E.2d before N.C. App., using the wrong abbreviation for
N.C. App., failing to underline the case name, leaving off the date. For
minor errors, such as spacing, I'd deduct 1/2 point. If you can't tell how
they've spaced it, resolve the question in the student's favor. However, if
you can't read the answer at all, you can return it to the student or refuse to
grade it.)


7. Cite this same case to a California court:

(3 pts.): Greeley v. Gawronski, 132 S.E.2d 324 (N.C. Ct. App. 1978)


8. You are citing several authorities to support a legal proposition in a legal
memorandum you are submitting to your senior partner. Two of the authorities
directly state the proposition you are putting forward; two others are in clear
support of that proposition, while one is in direct contradiction. Which three
Bluebook rules would help you decide the type of introductory signals to use and
order in which to cite these authorities?

(3 pts.): Rules 1.2, 1.3, and 1.4. Deduct 1 point for each missing rule.



9. You wish to cite a North Carolina Supreme Court case, a federal statute, a
North Carolina Court of Appeals case, and a North Carolina statute, all directly
on point and all equally helpful, in a single citation sentence. The Supreme
Court case was decided in 1951. The federal statute is dated 1995. The state
statute was published in 1996. The North Carolina Court of Appeals case was
decided in 1983. All of these authorities provide equal support for your
proposition. According to Rule 1.4, in what order should these four authorities
appear in your citation sentence? (Choose a, b, c, or d below).

          (a) Federal statute, 1951 case, 1983 case, state statute
          (b) Federal statute, state statute, 1951 case, 1983 case
          (c) 1951 case, 1983 case, state statute, federal statute
          (d) State statute, federal statute, 1951 case, 1983 case

(3 pts.): The ONLY answer that earns any points is (b) and it earns 3 points.

10. You are writing an intra-office memorandum in which you wish to cite page
236 of an article by Stephen Matro and Phillip Acklin entitled “The First

                                   Page 4 of 12
Amendment: Taking a Wrong Turn” which appeared in volume 82 of the Georgia
Journal of International and Comparative Law, beginning on page 220, published
in 1996. Using Rule 16 and Table T.14, provide a full citation to this authority.

(3 pts.):Stephen Matro & Phillip Acklin, The First Amendment: taking a
Wrong Turn, 82 Ga. J. Int’l & Comp. L. 220, 236 (1996)

(A perfect answer gets 3 points. Deduct 1 point for failing to abbreviate
properly. “Int’l” should not be followed by a period. Deduct 1 point for
failing to use both authors’ full names. Deduct 1 point for failing to use a
pinpoint citation. Deduct 1 point for failing to underline the title of the
article.


Section 2: Research Sources
(Total Points: 30)

(Note to scorers: Grade this section as you did the one above. Students need to get 70%
of the answers correct, which means they need a total of 21 points or better. partial credit
may be given as directed for partially-correct answers. Mark the total # of points given
separated by a slash from the total number of points possible for each question in the left
margin next to the question (e.g., 2/4). After you've finished scoring, add the total number
of points earned for this Section, write that number to the right of the Section heading
above, circle it, and write PASS or FAIL directly next to it).

1. West’s South Eastern Reporter and South Eastern Reporter, Second Series,
report cases from which of the following?

a) North Carolina state cases only
b) Federal cases in the southeastern United states
c) North Carolina and other southeastern state cases
d) none of the above

(3 pts.): The ONLY correct answer is (c) and it earns 3 points.

2. In four sentences or less, explain what an A.L.R. annotation is and how it
could help you do research:

(3 pts.): Give the students points if they know that A.L.R. is a systematic
treatment of the law on a specific subject geared to a particular reported
case and containing references to other cases on the same subject in
many jurisdictions—good for providing background and references in your
jurisdiction on a particular subject




                                        Page 5 of 12
3. You are arguing a medical malpractice case in the Illinois Court of Appeals
court regarding a matter of Illinois state law. You cite several sources and need
to distinguish between controlling and merely persuasive authority. Identify each
of the authorities below as controlling or persuasive.

(4 pts.: deduct 1 point for each incorrect answer.

A New York case that is factually extremely similar to your case.

___ persuasive              ___ controlling

persuasive

A leading treatise on Illinois medical malpractice law.

___ persuasive              ___ controlling

persuasive

A very recent Illinois Supreme Court case on point.

___ persuasive              ___ controlling

controlling

An old Illinois Court of Appeals case on point that has never been overruled.

___ persuasive              ___ controlling

controlling


4. Name two well-recognized hard-copy indexes that you could use to locate law
review articles.


       (a)

       (b)
(2 pts. – 1 for each correct answer. Most likely answers are Current Law
Index and Index to Legal Periodicals. Other possible answers include
Index to Legal Periodical Literature, Index to Periodical Articles Related to
Law, Criminal Justice Periodical Index, Index to Canadian Legal Periodical
Literature, and Index to Foreign Legal Periodicals.)



                                    Page 6 of 12
5. In two sentences or less, explain why it is important to make sure you update
any research you do in primary law (cases, statutes, administrative regulations).

 (2 pts.): Students will express their answer many ways. The bottom line is
that your research is invalid if the law has been changed significantly.


Name a hard-copy or an on-line resource that you would use to perform this
updating.

(2 pts.): Several possible answers, including statutory supplements,
pocket parts, possibly Sheperd’s or Keycite.



6. How does the United States Code (U.S.C.) differ from the United States Code
Service (U.S.C.S.)?

(2 pts.): U.S.C. is the official, unannotated code. U.S.C.S. is a privately-
published annotated code.




7. What two hard-copy resources do you use to find out if a federal
administrative regulation has been changed or altered since it appeared in the
Code of Federal Regulations?

(2 pts.): LSA (List of CFR Sections Affected); Federal Register
 (Give one point for each correct answer)

8. You are doing research on your home state's statutory laws on the subject of
licensees and invitees onto private premises. How could a treatise on the tort law
of that state help you?

(2 pts.): Accept a wide range of answers that give a rational answer -- the
bottom line is treatise can help the researcher understand the law and can
lead to cases interpreting or applying the statute.




9. You have just been hired for your first summer internship in a large law firm.
Your senior partner has asked you to find some recent New York and California
cases on the topic of conversion. The law firm does not have access to
computer-assisted legal research materials. You have learned about a number

                                   Page 7 of 12
of resources you could use to begin your search for such cases. Name two of
them:


        (a)

        (b)


(4 pts. – 2 for each right answer) There are plenty of choices. West’s
Digests, ALR, CJS, Shepard’s (once you have a case), annotated codes,
etc.



10. Using your CALR Supplement, you learned to formulate a word search using
terms and connectors on westlaw.com and lexis.com.

              (a) In a full sentence, explain what the researcher would be attempting
                  to retrieve if he or she used the following query:

                 “reasonable child” /p “contrib! negligen!”

         (b) Rewrite the query in the space below so that it retrieves any
document where the term “contributory negligence” is found within the same
document as child, young person, youth, or juvenile.

(4 pts. total: 3 pts. for a) and 1 pt. for b).
 (a) This search would retrieve cases where the exact term “reasonable
child” is found in the same paragraph as the term “contributory
negligence” or “contributorily negligent” or any other expansions of the
root words “contrib.” and “negligen.” together in that order with no
intervening words. Deduct one point for any failure to understand the
impact of using the quotation marks, the meaning of /p or the impact of the
root expander !.
(b) Anything that looks more or less like this gets one point: “reasonable
child” and child! or “young person” or youth or juvenile.


Section 3: Plagiarism
(Total Points: 20)




1. You are studying in the Law School library and are stunned to see an
upperclass student take down a volume of North Carolina Reports, cut out

                                       Page 8 of 12
several pages with a razor blade, and return the book to the shelf. The student
is not an employee of the library. Please answer the following questions about
what you've observed:

       (a) Setting aside possible defenses, does this student's behavior appear
to be in possible violation of any Code of Conduct of the University of North
Carolina (answer yes or no):

(2 pts.): Yes

       (b) If you believe the student has possibly violated a Code, please name
that Code and explain why you think it may have been violated:

(2 pts.) The Honor Code or the Campus Code because it constitutes
stealing and/or deprives others of their education.

       (c) If you would like to see this situation pursued by the Law School Honor
Court, to whom would you report the situation and what would be the first step
followed once the situation is reported?

(2 pts.): The Student Attorney General for the Law School (or Dean Crisp or
Dean Novinsky or any other responsible administrator is also acceptable)

        (d) The UNC Code of Student Conduct does not require students to report
violations of the Code, but strongly encourages students to do so. Why should
violations of the Code be reported rather than ignored?

(2 pts. for any rational explanation about why the Code is dependent on
student enforcement.)




2. The Lending Library of the Writing and Learning Resources Center contains
donated study aids, some of which can be checked out for twenty-four hours. If
a student checks out material but decides not to return it for a week because he
or she needs to use it to make outlines, what Code or Codes is the student
violating and why?

(4 pts.): The Honor Code or the Campus Code

3. You have (happily) finished your first year of law school, and are now a 2L
enrolled in a Family Law writing section. You have read a Colorado Supreme
Court opinion that introduces a novel theory about this area of law. You are
intrigued by this development and decide to rely on it heavily while writing a
paper for the class, but without citing it since it informs practically every sentence

                                     Page 9 of 12
of your paper. Like other judicial opinions, the case is not copyrighted. You are
not going to use a direct quotation from the article. Do you have to cite the
article? Why or why not?

(3 pts.): Yes, you have to cite the article to give proper attribution to the
author. To do otherwise would be plagiarism (presenting someone else’s
idea as your own). Deduct 1 1/2 points if the student doesn’t give an
explanation.


4. Why does the North Carolina Board of Law Examiners (as well as the Board
of Law Examiners for most states) require applicants to the Bar to report any
violations of the UNC Campus Code or Honor Code on their Bar Applications?

(2.5 pts.): To assess the applicant’s character and fitness for the practice of law.

5. A UNC law professor, while monitoring students during an examination,
believes that she spots a student looking at unauthorized material on his
computer, thus violating the Honor Code. The professor is certain that this has
happened, but she does not want to disrupt the class or cause administrative
difficulties. She decides to lower the student’s grade by a few points as an
efficient way of handling the problem. Does she have the right to do this in lieu of
reporting the student’s violation to the Honor Court?

(2.5 pts.): No. The Honor Code is a student-based code and the faculty must
report all possible violations to the Court rather than disciplining students
independently.




Section 4: Plain English and Legal Writing
(Total Points: 20)




Choose the option which best uses the principles of Plain English:
3 points for each right answer.


1.
 ______ A. Normally, the question as to whether a covenant runs with the land is
           likely to arise either when the party who seeks to enforce the
           covenant is a party other than the original covenantee or when the
                                    Page 10 of 12
            party or parties against whom enforcement under the covenant is
            sought is a party or parties other than the original covenantor.

___X___ B. Normally, whether a covenant runs with the land is a question arising
           in one of two circumstances: 1) when the enforcing party is not the
           original covenantee, or 2) when the party against whom it is being
           enforced is not the original covenantor.


2.
 ______ A. The defendant was not liable for a dog that was not on a leash
           although the ordinance did not explicitly state that there was not to
           be any such liability.

___X___ B. Despite the ordinance’s silence on the matter, the defendant was
          not liable for failing to have his dog on a leash.


3.
 ___ X __ A. Despite long negotiations, the parties failed to include a “governing
            law” clause in the contract.

______ B. In spite of protracted conferences, negotiations, mediations, etc.,
          neither party to the contractual agreement proposed or ensured that
          a provision would be included to the effect that a predetermined
          jurisdiction’s law would apply to said agreement.



4.
______ A. The policy-making process, whether carried out within the framework
          of the legislative branch or as a function of “judicial legislation,” is the
          process involving authoritative allocation of values in a society.

 ___ X __ B. Politics is the process, carried on by both legislatures and courts,
           that decides who gets what.




5. Rewrite the following sentence in the space below using the principles of Plain
English you've learned.

The Plaintiff, herein Appellant, was in the process of walking from his office to his
parking lot, when Appellee (Defendant below) collided with him with his



                                    Page 11 of 12
(Appellee’s) car as he was walking; the aforementioned collision propelled
Appellant onto the surface of the street.

(3 pts): Read each student's submission and give two full points if their
answer improves the answer above. Deduct one point if they've
substantively changed the content of the message in an effort to be brief.

One possibility: As Plaintiff-Appellant was walking from his office to the
parking lot, Defendant-Appellee ran into him and knocked him down.




6. Besides the business heading (To:, From:, Re:, Date:), please name the five
sections you would expect to find in most intra-office memoranda:


(5 pts.) 1 point for each right answer. Deduct a point for a wrong or missing
answer.

questions/issues
brief answers
facts
analysis
conclusion




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