Exam (elaborations)
Legal Research and Writing for Paralegals
- Course
- Institution
- Book
Legal Research and Writing for Paralegals
[Show more]
Connected book
Book Title:
Author(s):
- Edition:
- ISBN:
- Edition:
More summaries for
-
Legal Research and Writing for Paralegals 9th Edition By Deborah E. Bouchoux
-
Legal Research and Writing for Paralegals 9th Edition By Deborah E. Bouchoux
-
Legal Research and Writing for Paralegals 9th Edition
Seller
Follow
kushboopatel6867
Content preview
Test Bank For Legal Research and Writing for Paralegals 9thEdition By Deborah E. Bouchoux
Legal analysis - ANSWER:The application of one or more rules to the facts of a client's
case in order to answer a legal question that will help (1) avoid a legal dispute, (2)
resolve a legal dispute that has arisen, or (3) prevent a legal dispute from becoming
worse.
Primary authority - ANSWER:A law written by one of the three branches of
government.
Secondary authority - ANSWER:A nonlaw (e.g., a legal periodical article) that
summarizes, describes or explains the law but is not a law itself.
Common law - ANSWER:Judge-made law in the absence of controlling statutory law
or other higher law. Law derived from court opinions.
Element - ANSWER:A portion of a rule that is a precondition of The applicability of
the entire rule.
Memorandum of law - ANSWER:A written explanation of how one or more rules
might apply to the facts of a client's case. The memorandum is organized by issues,
which are based on elements of rules that are in contention.
Issue - ANSWER:1. A question to be resolved; 2. A question of law. A dispute over
what the law is, what the law means, or how the law applies to the facts. Also called
Legal issue, issue of law. 3. A question of fact. A dispute over the existence or
nonexistence of the alleged facts. Also called factual issue, issue of fact, question of
fact.
Legal issue - ANSWER:A question of law; a question of what the law is, what the law
means, or how the law applies to specific facts. Also called issue, issue of law.
Verdict - ANSWER:The jury's finding or decision on the factual issues placed before it.
Judgment - ANSWER:The final conclusion of a court that resolves a legal dispute by
declaring the rights and obligations of the parties or that specifies what further
proceedings are needed to resolve it.
Bench trial - ANSWER:A trial before a judge without a jury. Also called a nonjury trial.
Element in contention - ANSWER:The portion of a rule about which the parties
cannot agree. The disagreement may be over the definition of the element, whether
the facts fit within the elements, or both.
, Wholesale - ANSWER:The purchase of goods in large quantities that will be related to
consumers by others.
Legislative history - ANSWER:Hearings, debates, amendments, committee reports,
and all other events that occur in the legislature before a bill is enacted into a
statute. Also part of the history are later changes, if any, made by the legislature to
the statute.
Factor - ANSWER:1. One of the circumstances or considerations that will be weighed
in making a decision. 2. One of the circumstances or considerations that will be
weighed in deciding whether an element applies.
Dispositive - ANSWER:Pertaining to something that is essential to a decision;
pertaining to a deciding factor or consideration.
Memorandum - ANSWER:1. A short note. 2. A written record of a transaction. The
plural of memorandum is memoranda.
Memorandum of law - ANSWER:A written explanation of how one or more rules
might apply to the facts of a client's case. Also called memo, legal memorandum.
IRAC - ANSWER:An acronym that stands for the components of legal analysis: issue
(I), rule (R), application of the rule to the facts (A), and conclusion (C). IRAC provides
a structure for legal analysis.
IFRAC - ANSWER:An acronym that stands for the components of legal analysis;
issue(I), facts(F), rule(R), application of the rule to the facts (A), and conclusion (C).
IFRAC provides a structure for legal analysis.
Docket number - ANSWER:A consecutive number assigned to a case by the court and
used on all documents filed with the court during the litigation of that case.
RE - ANSWER:Regarding, concerning; in the matter of.
Roadmap paragraph - ANSWER:An overview, introductory, or thesis paragraph at the
beginning of a memorandum of law that tells the reader what issues will be covered
and briefly states the conclusions that will be reached.
Counter analysis - ANSWER:Arguments that support a different result or conclusion;
counterarguments.
STOP - ANSWER:A writing technique alerting you to the need for a counter analysis:
after writing a Sentence that contains facts or analysis, Think carefully about
whether the Other side would take a Position that is different from the one you took
in the sentence.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller kushboopatel6867. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $17.99. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
76658 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now