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Legal Research and Writing Final Exam Questions With Correct Answers

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©SIRJOEL EXAM SOLUTIONS 12/3/2024 11:27AM Legal Research and Writing Final Exam Questions With Correct Answers Judicial opinion? - answerWritten decisions authored by judges explaining how they resolved a particular dispute and explaining their reasoning Parts of an opinion: The caption - answerThe title of the case Parts of an opinion: The case citation - answerUsually 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 - answerThe name of the judge that authored the opinion most of the time EX. Lafaver, Molly Per curiam - answerBy the court (unknown author) Parts of an opinion: Law of the Case - answerLegal 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 ©SIRJOEL EXAM SOLUTIONS 12/3/2024 11:27AM Holding vs. Dicta - answerHolding - 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 - answerWhat 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 _____ - answerExist Functional Effective Genres - answerRecurring document type with predictable conventions -Office memos, client letters, complaints, email memo, complaints, Trial and motion briefs, Appellate briefs, and indictments ©SIRJOEL EXAM SOLUTIONS 12/3/2024 11:27AM Conventions - answerParts of genre and the weals the audience expects to be written Legal audience - answerNormally, 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 - answerHow 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 _____ - answerAuthorities; authorities; reasons 3 types of legal claims - answer1. 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 - answerLegal authorities; law or commentary about law. EX = Constitution, statutes, cases, regulations and commentaries Claims about facts - answerFactual authorities ; use relevant facts from witness statements, client interview, depositions, interrogations, etc

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©SIRJOEL EXAM SOLUTIONS
12/3/2024 11:27AM



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

, ©SIRJOEL EXAM SOLUTIONS
12/3/2024 11:27AM


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

, ©SIRJOEL EXAM SOLUTIONS
12/3/2024 11:27AM


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

, ©SIRJOEL EXAM SOLUTIONS
12/3/2024 11:27AM


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

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