Attorney James Keaton has asked his paralegal to write a legal memorandum regarding cases on a specific research topic that he has assigned to her.
Attorney James Keaton has asked his paralegal to write a legal memorandum regarding cases on a specific research topic that he has assigned to her. He plans to provide a copy of the memorandum to the client. This is the first assignment of this nature that Keaton has assigned to his paralegal, Naomi, and he is somewhat anxious about her abilities as a legal writer. He expects Naomi to write in accordance with standard memorandum format and has made these expectations clear to her.
1. In the memorandum that Naomi prepares, Mr. Keaton does not find much use of legalese, which pleases him. What is the definition of legalese?
a. Any Latin word or phrase
b. Legal writing that is meant for attorneys’ eyes only
c. Legal writing that is difficult for the lay reader to understand
d. Everyday English that is easy for the lay reader to understand
2. Which of the following sentences would be recommended for use in legal writing?
a. Mr. Jones does not walk without the assistance of a support person due to the fact that he has trouble walking.
b. Mr. Jones cannot walk without assistance.
c. Because he has difficulty walking, Mr. Jones needs someone to assist him.
d. Mr. Jones, due to the fact that he has limited walking abilities without assistance, cannot walk on his own.
3. Which of the following displays the correct order of selected components of a legal memorandum?
a. Heading, questions presented, discussion, and analysis
b. Questions presented, brief answers, analysis, and conclusion
c. Heading, discussion and analysis, brief conclusion in response to the questions presented, and conclusion
d. Heading, question presented, brief answers, statement of facts, discussion, and conclusion
4. Naomi knows that the discussion section is the heart of a legal memorandum. She knows that it should summarize her research and analysis, and that it should provide the answers to some basic questions for each issue. Which of the following is not an example of a basic question to be addressed in a legal memorandum?
a. If there are any cases on point, how do they apply to the client’s case?
b. Is there a statute on point?
c. Should the attorney pursue this case?
d. What law governs the issue?
5. Mr. Keaton is pleased with Naomi’s legal memorandum, and he then asks her to draft a confirmation letter to opposing counsel. Which of the following components should Naomi include in this letter?
a. Reference line and salutation
b. Closing
c. Date
d. All of these choices
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