Legal Brief Format - PowerPoint

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					Legal Writing I Final
  Exam Review
Questions Prepared by Students
          April 2008
     A reader’s attention is evenly
      distributed throughout the
                memo.

A.   True.
B.   False.
  A reader’s attention is evenly
   distributed throughout the
             memo.
B. False.
Which section of the memo does not contain
             the client’s facts?

A.   Brief Answer.
B.   Rule Explanation.
C.   Rule Application.
D.   Conclusion.
 Which section of the memo does not
     contain the client’s facts?
B. Rule explanation.
     Unannotated codes can be helpful in
      helping the reader finds citations to
        relevant secondary authorities.

A.    True.
B.    False.
 Unannotated codes can be helpful in
  helping the reader finds citations to
    relevant secondary authorities.

B. False.
 Which of the following authorities would be
  given the most weight on a question of
             Oregon state law?

A.   United States Supreme Court Opinion.
B.   Supreme Court of Oregon Opinion.
C.   Appeals Court of Oregon Opinion.
D.   Law Review article from the Oregon Law
     Review.
 Which of the following authorities
would be given the most weight on
 a question of Oregon state law?

B. Supreme Court of Oregon Opinion.
       Identify the correct short cite for the
                 following citation:
      Hunt v. Washington Apple Advertising
     Commission, 432 U.S. 333, 97 S.Ct. 2434
                       (1977)
A.    Hunt, 97 S.Ct. at 2435.
B.    Hunt, 432 U.S. at 334.
C.    Hunt, 432 U.S. at 334 (1977).
  Identify the correct short cite for the
            following citation:
 Hunt v. Washington Apple Advertising
  Commission, 432 U.S. 333, 97 S.Ct.
               2434 (1977)
B. Hunt, 432 U.S. at 334.
      When would a secondary
     source be most persuasive?
A.   When there are no on point cases in your
     jurisdiction.
B.   When relevant authority from neighboring
     states creates a split of authority.
C.   When the area of law you are researching is
     relatively new with little available authority.
D.   None of the above would be a persuasive use
     of a secondary source.
   When would a secondary
  source be most persuasive?
C. When the area of law you are researching
  is relatively new with little available
  authority.
     Which of the following may be
        cited in a legal memo?
A.   Concurring opinions.
B.   Dissenting opinions.
C.   Law review articles.
D.   ICW Exercises.
E.   A, B, and C could be cited.
 Which of the following may be
    cited in a legal memo?
E. A, B, and C could be cited.
        Which of the following are the
     primary modes of reasoning for the
        rule explanation portion of the
                  paradigm?
A.    Rule-based reasoning.
B.    Analogical reasoning.
C.    Policy-based reasoning.
D.    Both A and C.
E.    All of the above.
   Which of the following are the
primary modes of reasoning for the
   rule explanation portion of the
             paradigm?
D. Both A and C.
     When “id.” is the appropriate short
       citation, it is correct to either
      underline or italicize the period.

A.    True.
B.    False.
When “id.” is the appropriate short
  citation, it is correct to either
 underline or italicize the period.

A. True.
     Why do legal writers use the
             paradigm?

A.   To persuade the reader.
B.   Because it is in the rules of procedure.
C.   To clearly present the analysis to
     another attorney.
D.   Both A and C.
E.   None of the above.
  Why do legal writers use the
          paradigm?
D. Both A and C.
 The following should be included in
      the Question Presented:

A.   The relevant area of law.
B.   The relevant legal principle.
C.   Key Facts.
D.   All of the above.
E.   None of the above.
The following should be included in
     the Question Presented:

D. All of the above.
     In predictive writing, the writer
      should advocate a stance to
          persuade the reader.

A.   True.
B.   False.
   In predictive writing, the writer
    should advocate a stance to
        persuade the reader.
B. False.
 Identify the error in the following
              citation:
State v. Gellers, 105 U.S. 311, 315
               (2003).
A.   Incorrect reporter used.
B.   Missing court abbreviation in
     parenthetical.
C.   Incorrect case name.
D.   A pinpoint should not be used in full
     citations.
 Identify the error in the following
              citation:
State v. Gellers, 105 U.S. 311, 315
               (2003).
C. Incorrect case name.
The state name should be used instead of
  “state” or “commonwealth.”
     The following is an example of what kind of reasoning:

Harold Collier should not be bound by the contract he signed
because he is only sixteen, and people that young should be
    protected from the harmful consequences of making
   important decisions before they are mature enough to
                  consider all the options.

A.    Counter-analogical reasoning
B.    Rule-based reasoning
C.    Policy-based reasoning
D.    Analogical reasoning.
  The following is an example of what kind of reasoning:

  Harold Collier should not be bound by the contract he
signed because he is only sixteen, and people that young
 should be protected from the harmful consequences of
making important decisions before they are mature enough
                to consider all the options.


C. Policy-based reasoning.
    A legal writer should never use
            passive voice.

   A. True.
   B. False.
 A legal writer should never use
         passive voice.

B. False.
 Who is the primary audience of
       an office memo?

A.   Client.
B.   Judge.
C.   Supervising Attorney.
D.   Jury
E.   All of the above.
Who is the primary audience of
      an office memo?
C. Supervising Attorney.
      Which is the best analogy?

A.   Like the couple in Lucy, Stewart Kaplan was not serious
     about the sale.
B.   Unlike the couple in Lucy, Stewart’s outward
     manifestations could lead a reasonable person to
     believe he was joking.
C.   Unlike the couple in Lucy who showed no signs of jest,
     Stewart’s wink showed an outward manifestation that
     could lead a reasonable person to believe he was
     joking.
   Which is the best analogy?
C. Unlike the couple in Lucy who showed no
   signs of jest, Stewart’s wink showed an
   outward manifestation that could lead a
   reasonable person to believe he was
   joking.
 The correct format for an office memo
   is heading, question presented,
   statement of facts, brief answer,
      discussion, and conclusion.
A.   True.
B.   False.
  The correct format for an office memo is
 heading, question presented, statement of
    facts, brief answer, discussion, and
                  conclusion.

B. False.
     Identify the omission in the following analogy:
 An activity is not substantially limited when
  the impairment can be corrected. Pam’s
 smoking can be corrected by nicotine gum
                 or the patch.

A.   Fact from case illustration.
B.   Fact from present case.
C.   Point of law being analogized.
D.   Transition.
  Identify the omission in the following analogy:
  An activity is not substantially limited when the
impairment can be corrected. Pam’s smoking can
    be corrected by nicotine gum or the patch.

A. Fact from case illustration.
      The comma after the case
      name is never underlined.
A.   True.
B.   False.
    The comma after the case
    name is never underlined.
A. True.
          Do not use a signal if:
A.   The cited authority merely identifies the
     authority referred to in the text.
B.   The cited authority directly supports the stated
     proposition.
C.   The cited authority identifies the source of a
     quotation.
D.   A signal should be used for all of the above.
E.   A signal should not be used for any of the
     above.
       Do not use a signal if:
E. A signal should not be used for any of the
  above.
Which of the following would be
 the best source to cite in an
        office memo?
A.   ALR.
B.   Legal Encyclopedia.
C.   A factually similar case from another
     jurisdiction.
D.   A law review article analyzing the
     factually similar case from another
     jurisdiction.
Which of the following would be
 the best source to cite in an
        office memo?
C. A factually similar case from another
  jurisdiction
       In an office memo, slash
     constructions (like and/or and
           he/she) are used.
A.   True
B.   False
    In an office memo, slash
  constructions (like and/or and
        he/she) are used.
B. False
     Which of the following is not
       part of the paradigm?
A.   Rule analysis.
B.   Conclusion.
C.   Rule explanation.
D.   Brief explanation.
E.   A and D.
   Which of the following is not
     part of the paradigm?
E. A and D.
When adhering to the paradigm,
what is the first sentence in the
       rule application?
A.   Umbrella sentence.
B.   Thesis sentence.
C.   Factual conclusion.
D.   Analogy
When adhering to the paradigm,
what is the first sentence in the
       rule application?
C. Factual conclusion.
     Which of the following is the
     proper way to begin the Brief
              Answer?
A.   I think so.
B.   Maybe.
C.   Probably yes.
D.   None of the above.
E.   Both B and C.
  Which of the following is the
  proper way to begin the Brief
           Answer?
C. Probably yes.
 Where does the following sentence belong:
  In Raven Holmes’s situation, the court will
  probably find that she is willing and able to
             care for the children?
A. Rule.

B. Rule explanation.

C. Rule application.

D. Conclusion.

E. None of the above.
Where does the following sentence belong:
In Raven Holmes’s situation, the court will
probably find that she is willing and able to
           care for the children?
C. Rule application.
 A legal writer should never use
         passive voice.
A.   True.
B.   False.
 A legal writer should never use
         passive voice.
B. False.
 In an office memo, a detailed explanation of
    the difference between conjunctive and
        disjunctive should be included.

A.   True.
B.   False.
     In an office memo, a detailed
 explanation of the difference between
 conjunctive and disjunctive should be
                included.
B. False.
     Which of the following is an
      example of a secondary
             authority?
A.   Statutory law.
B.   Case Law.
C.   Administrative Law
D.   Law Reviews.
   Which of the following is an
    example of a secondary
           authority?
D. Law Reviews.
  In a sentence with more than
 one citation, what is the correct
       order of authorities?
A.   Chronological.
B.   Weight of authority.
C.   Alphabetically.
D.   Both A and B.
E.   None of the above.
 In a sentence with more than
one citation, what is the correct
      order of authorities?
D. Both A and B.
Topic and key numbers can be
used to locate primary authority.
A.   True.
B.   False.
Topic and key numbers can be
used to locate primary authority.
A. True.
     Which of the following could be a correct
     short citation format for In re Marriage of
     O’Donnell-Lamont, 91 P.3d 721, 727 (Or.
                       2004)?
A.    O’Donnell-Lamont, 91 P.3d at 727.
B.    Id. at 727.
C.    91 P.3d at 727.
D.    All of the above.
E.    None of the above.
  Which of the following could be a
 correct short citation format for In re
Marriage of O’Donnell-Lamont, 91 P.3d
         721, 727 (Or. 2004)?
D. All of the above.
     You must use a citation when:
A.   Asserting a legal principle.
B.   Making your own conclusions.
C.   Referring to or describing the content of
     an authority.
D.   Both A and C.
E.   All of the above.
 You must use a citation when:
D. Both A and C.
 The statement of facts should only include
  legally relevant facts, background facts,
 emotionally relevant facts, and extraneous
                     facts.
A.   True.
B.   False.
 The statement of facts should only include
  legally relevant facts, background facts,
 emotionally relevant facts, and extraneous
                     facts.
B. False.
 Which authority, if available, would be
           the best to use?

A. A. Statute.
B. West’s Digest.
C. U.S. Supreme Court decisions.
D. Harvard Law Review.
   Which authority, if available,
    would be the best to use?
A. Statute.
     The umbrella paragraph identifies the
     governing rule and the relevant policy.

A.   True.
B.   False.
   The umbrella paragraph identifies the
   governing rule and the relevant policy.
A. True.
    A similarity or difference is
 legally significant if it relates to:
A.   Policy implicated to the rule.
B.   Key term in the governing rule of law.
C.   Would be interesting to the reader.
D.   Both A and B.
E.   All of the above.
   A similarity or difference is
legally significant if it relates to:
D. Both A and B.
    Which of the following is a true
 statement regarding the purpose of a
          thesis sentence?
A.   It’s a long quote from a case authority
     explaining the rule.
B.   It identifies the topic the paragraph will
     discuss.
C.   It is part of the rule application sentence
     of the memo.
D.   It identifies the key concept analyzed in
     the paragraph.
     Which of the following is a true statement
   regarding the purpose of a thesis sentence?


D. It identifies the key concept analyzed in
  the paragraph.
You can cite to headnotes in an
        office memo.
A.   True.
B.   False.
You can cite to headnotes in an
        office memo.
B. False.
     Primary authority is best used to research
     unfamiliar areas of the law and to provide
      background information about the area.

A.    True.
B.    False.
 Primary authority is best used to research
 unfamiliar areas of the law and to provide
  background information about the area.

B. False.
     Choose the correct use of the
            word “there”:
A.   There my favorite relatives.
B.   That is there candy.
C.   I hope to go there someday.
D.   None of the above are correct.
 Choose the correct use of the
        word “there”:
C. I hope to go there someday.
     When using a direct quotation
     from a case, you should cite:
A.   The most recent case quoting the
     quotation.
B.   The case where the quote first appeared.
C.   A law review article analyzing the
     significance of the quote.
 When using a direct quotation
 from a case, you should cite:
B. The case where the quote first appeared.
     Which is the best sentence to
     begin the analysis of the first
     factor in the rule application?
A.   The first factor that the court must consider is whether
     the legal parent is unwilling or unable to adequately
     care for the child.
B.   The first factor is whether the legal parent is unwilling
     or unable to adequately care for the child.
C.   Under the first factor, whether the legal parent is
     unwilling or unable to adequately care for the child is
     examined.
  Which is the best sentence to
  begin the analysis of the first
  factor in the rule application?
B. The first factor is whether the legal
  parent is unwilling or unable to adequately
  care for the child.

				
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