Chapter 11 Study Guide

Chapter 11 Study Guide Question 1 2.5 / 2.5 points A memorandum is traditionally a(n): A) External document. B) Internal document. C) Both of above...
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Chapter 11 Study Guide Question 1

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A memorandum is traditionally a(n):

A) External document. B) Internal document. C) Both of above. D) None of above. Question 2

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A brief is traditionally:

A) Written for other lawyers. B) Written for clients. C) Written for judges. D) Written for all three. Question 3

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The key to starting any legal research problem is to:

A) Understand what is being asked. B) Shepardize the case law. C) Check the pocket part. D) Index the file. Question 4

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The reference to the source of the information that allows someone else to find the case or other material mentioned in a document is the:

A) Argument. B) Issue. C) Analysis. D) Citation. Question 5 The most commonly used guide to citation form is the publication:

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A) The Bluebook. B) The Purplebook. C) The Universal Citation Guide. D) The ALWD Citation Manual. Question 6

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In a case citation, the middle information is the:

A) Volume. B) Book or series. C) Page. D) Publisher. Question 7

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The Universal Citation Format is designed to:

A) Provide the correct citation format in any jurisdiction. B) Allow citations to be used internationally. C) Allow one to find the cited material regardless of the research tool being used. D) Provide the researcher with the parallel citation. Question 8

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The Bluebook and The ALWD Manual are:

A) Identical. B) The same. C) Very different. D) Slightly different. Question 9 In a research and writing context, “U.S.” means:

A) United States. B) United States Constitution. C) United States Congress.

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D) United States Supreme Court. Question 10

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Cases in a case reporter and cases on an electronic legal research service appear:

A) Identically. B) Differently. C) Both of the above. D) None of the above. Question 11

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The duty of candor or honesty requires:

A) Sharing with opposing counsel case law helpful to his case. B) Disclosing to the court all the case law, even if it helps our opponent. C) Sharing with our client the case law that hurts his case and helps the opponent. D) All of the above. Question 12

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An office memorandum of law:

A) Must present both sides of the legal issues. B) Must present the facts in a neutral, unbiased way. C) Must present the legal issues in a way to convince the court to adopt the client’s position. D) None of the above. Question 13

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An office legal memorandum may be used in the law office:

A) As a guide to subsequent researchers in the office. B) To refresh the memory of an attorney assigned to the case on how the law applies. C) As a guide to preparing documents for court. D) All of the above. Question 14 Which is not an element of critical legal thinking?

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A) Identify the legal issue in dispute. B) Identify the key or relevant facts. C) Identify the client. D) Identify the applicable law. Question 15

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In an automobile accident case that occurs at night on an unlit two lane highway, the fact that the car was black and the headlights were not working is

A) A legal issue. B) A relevant fact. C) An irrelevant fact. D) None of the above. Question 16

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Writing for the audience in legal writing means the lawyer or paralegal should:

A) Use legal terms when writing to a client. B)

Explain legal terms when writing to a client.

C) Never use legal terms when writing to a client. D) None of the above. Question 17

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A court brief must:

A) Present, without bias, law which is both favorable and unfavorable to the client’s

position.

B) Present persuasively law which is favorable to the client’s position. C) Present honestly the current state of law, even if it is unfavorable to the client. D) Both b and c. Question 18 Editing and rewriting require the paralegal to do all but which of the following?

A) Rely on a spelling checker program to check spelling. B)

Use words properly.

C) Check grammar manually. D) All of the above.

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Question 19

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In the citation 341 F.Supp. 123, the number 123 is:

A) Volume number of the reporter series. B) Page number the case will be found on. C) Year and month in which the decision was entered. D) None of the above. Question 20 A parallel citation is:

A) The same citation that refers to different case. B) The same citation that refers to the same case. C) A different citation that refers to the same case. D) A different citation that refers to a different case.

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