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Legal Research and Writing Final Exam
Questions With Correct Answers
Judicial opinion? - answer✔Written decisions authored by judges explaining how they resolved a
particular dispute and explaining their reasoning
Parts of an opinion: The caption - answer✔The title of the case
Parts of an opinion: The case citation - 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 - answer✔The name of the judge that authored the
opinion most of the time
EX. Lafaver, Molly
Per curiam - answer✔By the court (unknown author)
Parts of an opinion: Law of the Case - 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
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Holding vs. Dicta - 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 - 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 _____ - answer✔Exist
Functional
Effective
Genres - answer✔Recurring document type with predictable conventions
-Office memos, client letters, complaints, email memo, complaints, Trial and motion briefs,
Appellate briefs, and indictments
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Conventions - answer✔Parts of genre and the weals the audience expects to be written
Legal audience - 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? - answer✔-Answer legal questions
-Sell a legal conclusion; convince a judge; demand something
Persona - 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 _____ - answer✔Authorities; authorities; reasons
3 types of legal claims - 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 - answer✔Legal authorities; law or commentary about law.
EX = Constitution, statutes, cases, regulations and commentaries
Claims about facts - answer✔Factual authorities ; use relevant facts from witness statements,
client interview, depositions, interrogations, etc
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Claims about how the law and facts should produce an outcome - answer✔Legal analysis
Legal authorities - answer✔Sources that contain the law or commentary about the law
-Constitutions, statutes, cases, regulations
Citation - answer✔Condensed description of information that identifies a particular authority
Legal citations - answer✔Citations of legal authorities
Primary authorities - answer✔Legal authorities created by the government
Secondary authorities - answer✔Authorities that do not have the force of law; created by anyone
State court hierarchy highest to lowest - answer✔State supreme court
Court of criminal/civil appeals
Circuit court
District court
Municipal court
Federal court hierarchy highest to lowest - answer✔Us supreme court
Circuit courts of appeal
US district courts
Process of federal legislative branch passing laws - answer✔1. Congress passes statutes