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									Legal Writing I
Section 6
Review for Final.
Sample questions prepared by
students.
Which is NOT a form of
reasoning discussed in the
Edwards text?

 A.   Rule-based.
 B.   Narrative.
 C.   Inference-based.
 D.   Policy-based.
Which is NOT a form of
reasoning discussed in the
Edwards text?

 Answer:
 C. Inference-based.
Citation to authority is
always needed in:
 A.   Question Presented.
 B.   Brief Answer.
 C.   Discussion.
 D.   Conclusion.
Citation to authority is
always needed in:

 Answer:

 C. Discussion.
What type of rule statement is
used in the following:
A case may be brought in federal
court if there is diversity of
citizenship and the amount in
controversy exceeds $75,000.
 A. Factors test.
 B. Conjunctive test.
 C. Disjunctive test.
What type of rule statement is used
in the following:
A 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.
Which of the following
sources has the greatest
weight?
 A. Law Review article written by a
    renowned scholar.
 B. Restatement.
 C. Case from highest court in your
    jurisdiction.
 D. Statute.
Which of the following
sources has the greatest
weight?

 Answer:

 D. Statute.
True or False: The following full
citation is correct. Smith v.
Jones, 42 U.S. 725, 726 (U.S.
2003).
 A. True.
 B. False.
True or False: The following full
citation is correct. Smith v. Jones,
42 U.S. 725, 726 (U.S. 2003).


 Answer:
 B. False
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.
Which of the following is
unlikely to be cited as a
source in an office memo?
  Answer:
  D. Legal Encyclopedias.
Which of the following should be
included in the Brief Answer of
an office memo?
 A.   Citation to authority.
 B.   Case illustrations.
 C.   Summary of reasoning.
 D.   Explanatory parentheticals.
 E.   Both A. and C.
Which of the following should be
included in the Brief Answer of
an office memo?

 Answer:

 C. Summary of reasoning.
In predictive writing,
which is better?
 A. Mr. Smith was injured by Mr. Brown in a
    car accident.
 B. Mr. Brown injured Mr. Smith in the car
    accident.
In predictive writing,
which is better?

 Answer:
 B. Mr. Brown injured Mr. Smith in the car
    accident.
Which of the following is not
part of an office memo?

 A.   Brief Discussion.
 B.   Question Presented.
 C.   Statement of Facts.
 D.   Conclusion.
Which of the following is not
part of an office memo?

 Answer:
 A. Brief Discussion.
The statement “X is like Y”
illustrates which type of
reasoning?

 A.   Narrative.
 B.   Analogical.
 C.   Counter-analogical.
 D.   Policy-based.
The statement “X is like Y”
illustrates which type of
reasoning?

 Answer:

 B. Analogical.
True or False: “Et al” is used
to denote omitted parties
when citing a case name.

 A. True.
 B. False.
True or False: “Et al” is used
to denote omitted parties
when citing a case name.

 Answer:
 B. False.
True or False: The period
after “id.” is always
underlined or italicized.

 A. True.
 B. False.
True or False: The period
after “id.” is always
underlined or italicized.

 Answer:

 A. True.
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.
Which of the following should the
writer do to help the reader
understand the memo?


   Answer:

   D. None of the above.
Which following full
citation is correct?

 A. Roe v. Wade, 93 S. Ct. 705 (1973).
 B. Roe v. Wade, 410 U.S. 113 (1973).
 C. Roe v. Wade, 410 U.S. 113 (U.S.
    1973).
Which following full
citation is correct?

 Answer:

 B. Roe v. Wade, 410 U.S. 113 (1973).
Which is better?


 A. In order to make a successful tort
    claim, a plaintiff must show duty,
    breach, causation and injury.
 B. To make a successful tort claim, a
    plaintiff must show duty, breach,
    causation, and injury.
Which is better?


 Answer:
 B. To make a successful tort claim, a
    plaintiff must show duty, breach,
    causation, and injury.
Which of the following is
correct?
 A. Its is a possessive pronoun.
 B. It’s is the contraction of it and
    is.
 C. Both A. and B. are correct.
 D. Neither A. nor B. are correct.
Which of the following is
correct?

 Answer:
 C. Both A. and B. are correct.
True or False: In office
memos, only numbers under
10 must be spelled out.

 A. True.
 B. False.
True or False: In office
memos, numbers under 10
must be spelled out.

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

    True.
    False.
True or False: The Brief
Answer and the Conclusion
contain the exact same
information.
 Answer:
 B. False
In the present case, the Smiths
will be able to collect damages.

The sentence would most likely
be included in:
A.   Rule.
B.   Rule explanation.
C.   Rule application.
D.   Conclusion
In the present case, the Smiths
will be able to collect damages.

The sentence would most likely
be included in:
 Answer:

 C. Rule application.
The umbrella section
could include:
 A.   The umbrella (or governing) rule.
 B.   Address undisputed parts of the rule.
 C.   Policy points.
 D.   Both A. and C.
 E.   All of the above.
The umbrella section
could include:

 E. All of the above.
Which of the following is an
example of primary
authority?
 A. Case law created by courts.
 B. Statutory law created by legislatures.
 C. Administrative law created by
    governmental agencies.
 D. All of the above.
Which of the following is an
example of primary
authority?

 Answer:
 D. All of the above.
How do you know when to
stop researching?
 A. When you keep finding the same
    sources.
 B. When you have reached your
    proscribed time limit.
 C. When you are able to write a twelve
    page memo.
 D. Both A. and B.
How do you know when to
stop researching?

 Answer:
 D. Both A. and B.
True or False: The primary
   audience of an office
   memo is the client.

 A. True.
 B. False.
True or False: The primary
audience of an office memo
is the client.
 Answer:
 B. False.
Analogical reasoning:

 A. Reaches a result by establishing and
    applying a rule of law.
 B. Reaches a result by showing similarities
    between authorities and the client’s
    situation.
 C. Reaches a result by pointing out
    relevant differences between case
    authority and the client’s facts.
Analogical reasoning:

 Answer:

 B. Reaches a result by showing similarities
    between authorities and the client’s
    situation.
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.
Which of the following is not
a proper short answer to
begin the Brief Answer?

   Answer:

   D. Maybe not.
True or False: Headnotes
can be used to find other
relevant cases.

 A. True.
 B. False.
True or False: Headnotes
can be used to find other on
point cases.

 A. True.
True or False: There are only
four sections in an office
memo .
 A. True.
 B. False.
True or False: There are only
four sections in an office
memo .
 Answer:
 B. False.
Does a question mark go
inside or outside a close
quotation mark?

 A. Inside.
 B. Outside.
 C. It depends.
Does a question mark go
inside or outside a close
quotation mark?

 Answer:
 C. It depends.
What words should a writer
avoid when describing the
actions of a court?

 A.   Feel.
 B.   Think.
 C.   Believe.
 D.   Argue.
 E.   All of the above.
What words should a writer
avoid when describing the
actions of a court?

 Answer:

 E. All of the above.
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.
Identify the error in the
following citation: 91 P.3d
721 at 730.

 Answer:
 B. The page the case starts should not
   be included.
Which of the following words/phrases is
    not an example of unnecessary
    wordiness?

    A. Due to.
    B. In order to.
    C. Just.
    D. Because.
Which of the following words/phrases is
not an example of unnecessary
wordiness?

 Answer:

    D. Because.
What is the difference
between an annotated and
unannoted code?
 A. There is no difference.
 B. An unannotated code includes references to
    secondary sources while an annotated code
    does not.
 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.
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.
A good distinction
includes:
 A. Specific, relevant fact from authority.
 B. Specific, relevant fact from our case.
 C. If needed, an explanation of the
    relevance of the fact.
 D. Both A. and B.
 E. All of the above.
A good distinction
includes:
 Answer:

 E. All of the above.
The “c” in court is
capitalized when:
 A. Using the court’s proper name.
 B. Referring to the U.S. Supreme Court.
 C. When submitting a document to court
    and referring to the court that will be
    reviewing the documents.
 D. All of the above.
The “c” in court is
capitalized when:
 Answer:
 D.  All of the above.
Which of the following sentences
would be most appropriate in an
office memo?
 A. Mr. Summers neglected his children by
    forgetting their birthdays.

 B. It’s easy to see that Mr. Summers
     doesn’t care about his children.

 C. Mr. Summers says he “forgot Alex’s
    birthday.”
Which of the following sentences
would be most appropriate in an
office memo?


 Answer:

 C. Mr. Summers says he “forgot Alex’s
    birthday.”
Which of the following IS
NOT a correct short cite?

 A.   Id.
 B.   Id. at 791.
 C.   O’Donnell-Lamont, 91 P.3d at 791.
 D.   91 P.3d 791.
Which of the following IS
NOT a correct short cite?

 Answer:

 D. 91 P.3d 791.
Persuasive authority could
be included in an office
memo when:
 A. There is no binding authority on point.
 B. The persuasive authority is more
    recent.
 C. There are relevant factual similarities.
 D. All of the above.
Persuasive authority could
be included in an office
memo when:

 Answer:
 D. All of the above.
Which is correct?

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

 Answer:

 D. Neither A. nor B. are correct.
Characteristics that affect
the value of a case include:
 A. Date of the opinion.
 B. Whether the court’s statements about
    the issue are part of the holding or are
    dicta.
 C. Number of subscribing judges.
 D. Factual similarity between the case and
    the client’s case.
 E. All of the above.
Characteristics that affect
the value of a case include:
 Answer:
 E. All of the above.
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?
 A.   Texas statute.
 B.   Case from Oklahoma Supreme Court.
 C.   Case from Texas Court of Appeals.
 D.   Case from Texas Supreme Court.
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.
True or False: A reader’s
attention is evenly distributed
when reading a memo.

 A. True.
 B. False.
True or False: A reader’s
attention is evenly distributed
when reading a memo.

 Answer:

 B. False.
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.


  A. True.
  B. False.
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.
Does a comma go inside or
outside a closing quotation
mark?

 A. Inside.
 B. Outside.
 C. It depends.
Does a comma go inside or
outside a closing quotation
mark?

 Answer:
 A. Inside.
What does a word ending
in –s’ signify?

 A. Plural possessive.
 B. Singular possessive.
 C. Typo.
What does a word ending
in –s’ signify?

 Answer:
 A. Plural possessive.
True or False: Contractions
can never appear in office
memos.

 A. True.
 B. False.
True or False: Contractions
can never appear in office
memos.

 Answer:

 B. False – could appear in direct quotes.
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?



  A. West Virginia Reports.
  B. South Eastern Reporter.
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.
When researching an issue of
child custody in Texas, which
court opinion would have the
greatest weight?

 A. A case decided by the Texas Supreme
    Court.
 B. A case decided by the Texas Court of
    Appeals
 C. A case decided by the U.S. Court of
    Appeals for the Fifth Circuit.
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.
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.
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.
A quote would be
appropriate when:
 A. The original author has a particularly
    effective way of expressing the idea.
 B. When the issue turns on the
    interpretation of particular words.
 C. Both A. and B.
A quote would be
appropriate when:

 Answer:

 C. Both A. and B.
Identify the error in the following
full citation: Strome v. Strome,
120 P.3d 499, 503 (2005).

  A.   The comma should be underlined.
  B.   A pinpoint is never needed in a full cite.
  C.   The incorrect reporter is used.
  D.   The court abbreviation is missing.
Identify the error in the
following full citation: Strome v.
Strome, 120 P.3d 499, 503
(2005).

 Answer:
 D. The court abbreviation is missing.
Which source is better to
use in an office memo?

 A. Law Review Article.
 B. American Jurisprudence.
Which source is better to
use in an office memo?

 Answer:
 A. Law Review Article.
True or False: A sentence
should generally be 20 words
or less.

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

 Answer:
 A. True.
Identify the errors in the following
citation:
O’Donnell-Lamont 91 P3d at 738.
 A. There should be a comma after the
    case name.
 B. There should be a period after the “P”
 C. The first page of the case should be
    included.
 D. Both A. and B.
 E. All of the above.
Identify the errors in the following
citation:
O’Donnell-Lamont 91 P3d at 738.


 Answer:

 C. Both A. and B.
Policy-based reasoning:

 A. Reaches a result by telling a story.
 B. Reaches a result by showing similarities
    between the authorities and the client’s
    case.
 C. Reaches a result by analyzing which
    answer would be best for society.
 D. All of the above.
Policy-based reasoning:


 Answer:

 D. Reaches a result by analyzing which
    answer would be best for society.
True or False: The Question
Presented contains legal
conclusion.

 A. True.
 B. False.
True or False: The Question
Presented contains legal
conclusion.

 Answer:
 B. False.
True or False: Explanatory
parentheticals always begin
with present participles.

 A. True.
 B. False.
True or False: Explanatory
parentheticals always begin
with present participles.

 Answer:

 B. False.
True or False: The signal
“see generally” is frequently
used in office memos.

 A. True.
 B. False.
True or False: The signal
“see generally” is frequently
used in office memos.

 B. False.
A signal is needed when:

 A. The cited authority directly supports the
    proposition.
 B. The cited authority identifies the source
    of a quotation.
 C. The cited authority identifies the
    authority referred to in the text.
 D. The cited authority supports the
    proposition only be inference.
A signal is needed when:


 Answer:

 D. The cited authority supports the
    proposition only be inference.
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
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.
True or False: A sentence
can never begin with the
word “But.”
 A. True.
 B. False.
True or False: A sentence
can never begin with the
word “But.”
 Answer:

 B. False.
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)
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.



 Answer:

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

								
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