Legal Research and Writing Final Actual Exam Questions and CORRECT Answers
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Course
Legal Research and Writing
Institution
Legal Research And Writing
Legal Research and Writing Final Actual
Exam Questions and CORRECT Answers
Judicial opinion? - CORRECT ANSWER- Written decisions authored by judges
explaining how they resolved a particular dispute and explaining their reasoning
Parts of an opinion: The caption - CORRECT ANSWER- The title of ...
Legal Research and Writing Final Actual
Exam Questions and CORRECT Answers
Judicial opinion? - CORRECT ANSWER- ✔✔Written decisions authored by judges
explaining how they resolved a particular dispute and explaining their reasoning
Parts of an opinion: The caption - CORRECT ANSWER- ✔✔The title of the case
Parts of an opinion: The case citation - CORRECT ANSWER- ✔✔Usually under the case
name, the deceasing court, the year decided, and the law book where it can be found
Parts of an opinion: Author of the decision - CORRECT ANSWER- ✔✔The name of the
judge that authored the opinion most of the time
EX. Lafaver, Molly
Per curiam - CORRECT ANSWER- ✔✔By the court (unknown author)
Parts of an opinion: Law of the Case - CORRECT ANSWER- ✔✔Legal principles that apply
to case
-Usually general principles of law that are relevant then apply law to facts of case to get
court's outcome
Holding vs. Dicta - CORRECT ANSWER- ✔✔Holding - The core legal principle; the
conclusion of the case; court's resolution of the key legal dispute
Dicta - Statements in an opinion that are not actually required to solve the case
Parts of an opinion: Disposition - CORRECT ANSWER- ✔✔What action the court is taking
with the case; at the end or beginning in first paragraph
-Affirm
-Remand
-Reverse (and remand)
-Vacate
,First drafts are for making it ___
Second drafts are for making it ___
Third drafts are for making it _____ - CORRECT ANSWER- ✔✔Exist
Functional
Effective
Genres - CORRECT ANSWER- ✔✔Recurring document type with predictable conventions
-Office memos, client letters, complaints, email memo, complaints, Trial and motion briefs,
Appellate briefs, and indictments
Conventions - CORRECT ANSWER- ✔✔Parts of genre and the weals the audience expects
to be written
Legal audience - CORRECT ANSWER- ✔✔Normally, the reader does not want to read your
writing. They have to read it, its not pleasure reading/writing.
-Each legal genre has its own audience - the audience you intend to read your legal document
What is the purpose of a legal document? - CORRECT ANSWER- ✔✔-Answer legal
questions
-Sell a legal conclusion; convince a judge; demand something
Persona - CORRECT ANSWER- ✔✔How the audience will perceive you through your text;
how you want to come across
In legal writing, you support your claims with ____ and the arguments you make with those
____ are your _____ - CORRECT ANSWER- ✔✔Authorities; authorities; reasons
3 types of legal claims - CORRECT ANSWER- ✔✔1. Claims about the laws
2. Claims about the facts
3. Claims about how the law and facts should produce an outcome
,Claims about the law - CORRECT ANSWER- ✔✔Legal authorities; law or commentary
about law.
EX = Constitution, statutes, cases, regulations and commentaries
Claims about facts - CORRECT ANSWER- ✔✔Factual authorities ; use relevant facts from
witness statements, client interview, depositions, interrogations, etc
Claims about how the law and facts should produce an outcome - CORRECT ANSWER-
✔✔Legal analysis
Legal authorities - CORRECT ANSWER- ✔✔Sources that contain the law or commentary
about the law
-Constitutions, statutes, cases, regulations
Citation - CORRECT ANSWER- ✔✔Condensed description of information that identifies a
particular authority
Legal citations - CORRECT ANSWER- ✔✔Citations of legal authorities
Primary authorities - CORRECT ANSWER- ✔✔Legal authorities created by the government
Secondary authorities - CORRECT ANSWER- ✔✔Authorities that do not have the force of
law; created by anyone
State court hierarchy highest to lowest - CORRECT ANSWER- ✔✔State supreme court
Court of criminal/civil appeals
Circuit court
District court
Municipal court
Federal court hierarchy highest to lowest - CORRECT ANSWER- ✔✔Us supreme court
, Circuit courts of appeal
US district courts
Process of federal legislative branch passing laws - CORRECT ANSWER- ✔✔1. Congress
passes statutes
2. Statute published as public law
3. Government compiles all new US statutes at large chronologically
4.Most are arranged systematically in the US Code; subject matter
How to cite US code - CORRECT ANSWER- ✔✔Title number, abbreviation US code,
section symbol, action number, year of code
Administrative regulations - CORRECT ANSWER- ✔✔Federal agencies make regulations
when told to do so by congress
Where are the new regulations published and how? - CORRECT ANSWER- ✔✔First,
published daily in federal register in chronological order
Then codified in the Code of Federal Regulations; arranged by subject matter; 50 titles
published annually
U.S. District Courts - CORRECT ANSWER- ✔✔courts of original jurisdiction based on
federal statutes
US Courts of Appeal - CORRECT ANSWER- ✔✔-There are 13 courts of appeal representing
districts throughout the country
-Panels of 3
-If lose, can ask for En Banc before appeal to scotus
En banc - CORRECT ANSWER- ✔✔Before the entire court
Federal district courts - CORRECT ANSWER- ✔✔-Trial judges
-One judge per case
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