Good legal writing begins with exploring and finding the right legal sources to support your argument. Knowing where to find legal sources and which ones to use is essential in crafting strong legal arguments.
Getting Acquainted with the Law
Good legal writing begins with exploring and finding the right legal sources to support your argument. Knowing where to find legal sources and which ones to use is essential in crafting strong legal arguments.
Jurisdiction plays a key role in determining the appropriate law on point. Federal Jurisdiction is reserved for questions of federal law or in special circumstances such as diversity of citizenship. State Courts hold jurisdiction to hear cases arising under that state’s laws, and, generally, anything that does not fall under federal jurisdiction. Sometimes, jurisdiction can be held by either federal or state court based on the cause of action alleged or be exclusively handled by the federal or state specialty.
There are four primary sources of law: Constitutional Law, Statutory Law, Case Law and Rules/Regulations. We will review each of these in the upcoming units. Support and explanation of the primary sources of law can be found in legal secondary sources including but not limited to legal encyclopedias, law reviews, restatements and textbooks. We will begin to explore these in more detail in Unit 5.
In our research and discussion this week, let us look for some examples of primary and secondary sources based on the topic of civil asset forfeiture. Civil asset forfeiture has become a huge issue as more states engage in “policing for profit” initiatives. A March 2010 report by the Institute of Justice states that “[i]n most states and under federal law, law enforcement can keep some or all of the proceeds from civil forfeitures. This incentive has led to concern that civil forfeiture encourages policing for profit, as agencies pursue forfeitures to boost their budgets at the expense of other policing priorities.” Marian R. Williams, Jefferson E. Holcomb, Tomislav V. Kovandzic, & Scott Bullock, Policing for Profit: The Abuse of Civil Asset Forfeiture, Inst. for Just. at *6 (March 2010) Retrieved from http://www.ij.org/images/pdf_folder/other_pubs/assetforfeituretoemail.pdf
Perform research to discover what civil asset forfeiture is. Then determine your state law and policy are as to civil asset forfeiture. Can civil asset forfeiture be sought under federal law as well? Which primary sources of law would be appropriate to answer these questions? Where can you find these sources? How would that source be cited using The Bluebook?
Please remember to share your research process including where you began your search, what search terms were used as well as results and subsequent revisions and results.
LS204 Legal Research and Writing
Unit 2 Discussion
Exploring Case Law
This week we are going to jump right into Westlaw and locate case from any state’s highest court. Please go to the Library link which is located in the Academic Tools. Once selected you will be taken to the Library. Please select Westlaw Campus Research to be connected to our school’s Westlaw access page. Because Westlaw is a paid service, we do not have individual access but student research access through the school library. You will be taken to the main search page for Westlaw.
Select the Cases folder and see the many jurisdictions of cases listed. Notice the U.S. Supreme Court is the first court listed. Listed below are the additional jurisdictions including all the states. Select a state from the list and search for a case from that state’s highest court. Take your time reading through the case to see if you can determine what happened to bring the case before the courts. Take time to read it a second and third time. Court opinions contain much information and take some practice reading, so it can be expected that you will want to read a case more than one time.
After you have explored Westlaw and found a case to share, answer the following questions based on your selected case.
What steps did you take in locating your case? (Where did you go in Westlaw? What were your search terms? Did you include any restrictions on your returns? How did you narrow to your choice?)
Who are the parties in your case? What court decided your case?
Give a brief summary (1 paragraph) about what happened to bring this case before the courts. Look for the key facts that describe what happened leading up to the court case.
What legal question was being asked of the court in this case?
What was the conclusion of the court as to this legal question?
What were the key reasons the court gave for reaching this decision?
What is the Bluebook citation for this case? How did you know?
LS204 Legal Research and Writing
Unit 3 Discussion
The Second Amendment to the United States Constitution recognizes that “[a] well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” Recently, there has been quite a bit of disagreement about the meaning of this provision and the rights that it recognizes. The United States Supreme Court explored the meaning of the Second Amendment in a few recent cases: District of Columbia v. Heller, 554 U.S. 570 (2008); McDonald v. Chicago, 561 U.S. 742 (2010).
One of These Things is Not Like the Others
Many states have provisions that recognize a right to keep and bear arms, yet the text of these provisions often vary greatly from other states and the United States Constitution. Research whether your state has a constitutional provision that recognizes a right to keep and bear arms. Share your process in getting to your state’s constitution. Be sure to cite directly to your state’s constitution using the Bluebook format. Compare and contrast your state’s provision with the text of the Second Amendment to the United States Constitution and the text of another state’s provision. In addition to the U.S. Const. amend. II, where else might we find laws impacting your right to bear of arms? Locate additional law from your own state involving the right to bear arms. Share the type of law, what it showcases and how you located it. Remember to bring in the Bluebook style citation for the law referenced.
LS204 Legal Research and Writing
Unit 4 Discussion
Getting Familiar with Secondary Sources
A secondary source is often used to research a legal issue the researcher is not currently familiar with. Using Westlaw, research any legal topic of your choice. Search for a secondary sources discussing your topic. Identify the type of secondary source selected. .
Provide a summary of the source, quote a relevant portion of the source, and cite to it. Read some of your classmates’ posts and respond with questions and comments. Explain and discuss the advantages and disadvantages of using a secondary source to perform research. When might a secondary source be the right starting point? When might you use a secondary source in a legal argument?
LS204 Legal Research and Writing
Unit 5 Discussion
Judges are notorious for scolding lawyers who irritate them or submit inferior quality work to the court. Being scolded by a judge is likely to happen at some point during a lawyer’s career (whether justified or not), and it is usually an embarrassing situation for the lawyer.
Watch the following video of a lawyer being scolded by a judge on national television during the criminal trial of O.J. Simpson for failing to Shepardize: Failure to Shepardize
Source: Legal Writing Prof Blog. If you forget to Shepardize, don’t do it in front of a national audience. Retrieved from http://lawprofessors.typepad.com/legalwriting/2008/09/if-you-forget-t.html.
Locate the following article, written by a law librarian, on how to locate cases that involve a judge scolding a lawyer.
Mary Whisner, When Judges Scold Lawyers, 96 Law Libr. J. 557 (2004).
You can retrieve the article by entering “96 Law Libr. 557” in the main search box in Westlaw. Notice how many of the cases involve failing to Shepardize!
Shepardizing in Action
So what is one to do to avoid such embarrassment and provide the most current legal references? Shepardize! Choose one of the sources below and shepardize the source. Determine if this source would be considered good or usable in a legal argument. Explain how you know. Please remember to share your process in making your determination.
Plessy v. Ferguson, 163 U.S. 537 (1896).
U.S. Const. Amend. XVIII.
Tenn. Code Ann. § 49-1922.
Fla. Stat. § 776.013
Johnson v. State, 755 S.W.2d 92 (Tex. Crim. App. 1988).
LS204 Legal Research and Writing
Unit 6 Discussion
Online research has revolutionized a researcher’s ability to efficiently locate information relating to a legal matter. It also allows a researcher to ensure that information is accurate and current. However, there are also some drawbacks to online legal research. One of the major concerns of small law firms with a limited budget is the cost for a subscription service like Westlaw or Lexis.
Distinguish the Difference
Perform some research using Westlaw to determine the elements required for murder in your jurisdiction. Explore the law to determine how your jurisdiction breaks it down. Share the statute, citation and the steps taken to find it in Westlaw. Then conduct an internet search to find the same statute defining murder in your jurisdiction. Explain the steps for finding the statute using the internet. Which resource did you prefer working with when finding your statute? What are the benefits of using the Westlaw system over using the internet? What are the challenges of the using either system for your research? Compare your findings to classmates to see if any trends can be identified?
LS204 Legal Research and Writing
Unit 7 Discussion
Writing is a very large part of the work performed in the legal field. In order to succeed as a legal professional, one must be able to transform research into well-written documents. Legal writing is different than other writing styles, so it is necessary to explore what elements are expected in legal writing.
Compare and Contrast
Organization is key in all legal writing. As we have seen, some legal documents will have structured exterior organization while other legal documents will use an interior structure to create the flow and clarity. Using Westlaw or your state legal resources available online, locate a form or rule defining format in your own jurisdiction. Would you expect these formats to vary across jurisdictions? Which legal documents will be governed by Rules of Court and which kinds will be up to the writer?
LS204 Legal Research and Writing
Unit 8 Discussion
The legal researcher uses predictive and persuasive writing for different purposes, so it is important to know when each is used and the differences between the two. It is also important for the legal researcher to be able to produce a variety of documents that contain either predictive or persuasive writing. In this discussion board, we will examine examples of each and discuss some of the differences.
Predictive and Persuasive
As we construct a predictive memorandum this week, how can that be contrasted with a persuasive writing such as in an appellate brief? What differences in writing technique will you implore to explain the law rather than argue it? Can the organization or research plan for a predictive writing be the same used for a persuasive writing? How are you implementing an outline and your research in your assignment this week?
LS204 Legal Research and Writing
Unit 9 Discussion
Demand letters are a tool that lawyers frequently use to enforce his or her client’s rights. Demand letters are often very effective at resolving issues before a client spends money on preparing for trial. Sometimes, however, demand letters are abused by attorneys to try to squeeze money out of an opposing party who may have done no wrong but cannot afford to defend a full-blown lawsuit.
Unreasonable Demands
Read the article, Getty Images Sued Over Settlement Demand Letter: ‘Unfair, Deceptive Scheme,’ Copyright Lawyers Claim, which is about a lawsuit against a company that sent an apparently abusive demand letter claiming copyright infringement. The article states that “[y]ou can’t just send out a letter, accuse somebody of infringing and demand money from them. You have to know that they did something that would entitle you to that money.”
What are your thoughts on whether demand letters can be abusive and the basis of a lawsuit? What other ethical considerations come into play when writing from an adversarial position, whether to opposing counsel or the court? Explore the Web to find examples of legal writing from correspondence to appellate briefs arguing the law. Revisit examples of legal writing in our e-text. Identify and explain what you see are the key skills necessary to be successful in legal writing. How does the purpose and construct of the writing direct the content and tone of the writing? Finally, how would we cite the article listed for this discussion board in Bluebook format?
LS204 Legal Research and Writing
Unit 10 Discussion
Now that you have completed this course, reflect on the outcomes as well as your personal goals for the course. This is not intended to be a mere recap of the course; focus on what you have personally learned and how it will affect your future academic and professional goals. Discussing what you have learned during the term will not only help you better process the information, but will help you enhance each other’s learning experience. Please reflect on the previous units and post a response that addresses the following questions:
What would you say was the most important new idea you encountered in this course and how did they change your understanding of legal writing?
What resources did you find the most useful? Which secondary source will be your Go-To in future research projects?
In what specific ways can you use the knowledge you have gained in this course in your chosen profession?
Which specific online resources did you save to your bookmarks or reusable resources list?
LS204 Legal Research and Writing
Unit 2 Assignment
This assignment aligns to the following course outcome(s):
LS204-1: Cite primary and secondary legal sources using the legal Bluebook.
LS204-3: Brief legal opinions.
GEL-1.02: Demonstrate college-level
communication through the composition of original materials in Standard English.
GEL 6.05: Adapt research skills to discover and sort relevant sources to
complete tasks.
Assignment Introduction:
In this Assignment you will be writing a case brief. To help you prepare, it is recommended that you complete the Learning Activity, How to Brief a Case, which examines each part of a case brief.
Please select one of the cases below and complete a case brief and short analysis of the treatment of the case.
New York Times v. Sullivan, 376 U.S. 254 (1964).
United States v. Leon, 468 U.S. 897 (1984).
Campbell v. Acuff-Rose Music, 510 U.S. 569 (1994).
Roper v. Simmons, 543 U.S. 551 (2005).
This Assignment has Two Parts:
Locate a case from the list below. Draft a case brief of the court’s opinion. Be attentive to include the FIRAC headings of Facts, Issue, Rule, Analysis, and Conclusion.2. Write a 1-2 paragraphs of analysis of how he Court’s opinion has been used by subsequent courts, or stated another way ‘the treatment of this decision’ by subsequent courts?
Required Criteria:
In addition to fulfilling the specifics of the Assignment, a successful paper must also meet the following criteria:
Include a cover page and reference page.
Use single spacing throughout Case Brief and double spacing in the analysis.
Viewpoint and purpose should be clearly established and sustained.
Assignment should follow the conventions of Standard American English (correct grammar, punctuation, etc.).
Writing should be well ordered, logical, and unified, as well as original and insightful.
Your work should display superior content, organization, style, and mechanics.
Bluebook citation style should be followed.
LS204 Legal Research and Writing
Unit 4 Assignment
This assignment aligns to the following course outcome(s):
LS204-1: Cite primary and secondary legal sources using the legal Bluebook.
LS204-4: Prepare documentation containing legal research.
GEL-1.02: Demonstrate college-level communication through the composition of original materials in Standard English.
GEL 6.05: Adapt research skills to discover and sort relevant sources to
complete tasks.
Before you begin your Assignment, take some time to complete the Documenting your Research Activity, which will explore the different types of documents used to communicate your legal research and the basic format of a memo.
Assignment Introduction:
During a recent visit, Ms. Maya Weste, a current client of the firm, expressed an interest in carrying a concealed handgun in your state. She has never operated a firearm before, but she has recently become concerned about her personal safety. She was divorced three months ago after her husband discovered she had been cheating on him with another man. He did not handle the situation well. He never physically abused her, but he has been very angry with her. He has recently made some statements like “you’ll get what’s coming to you someday!” that could be considered vague threats. She is afraid that his anger will build to the point where he might try to cause her physical harm. She is not interested in obtaining a restraining order because she feels that it is just “a useless piece of paper.” She tells you that in any case, “it is better to be safe than sorry, and a handgun levels the playing field if he tries to do anything stupid.” Ms. Weste has no criminal record and has no prior mental illness. She would like to purchase and carry a handgun for her own protection.
Assignment Instructions:
Your supervising attorney, Rolle Model, has asked you to research the questions Ms. Weste presented in her recent call. Please research the requirements for purchasing a handgun in your jurisdiction. She would also like to know whether any sort of permit is needed to carry the handgun concealed on one’s person. If so, she would like to know how one could obtain this a permit. Please prepare an interoffice memorandum addressing the purchase of a handgun in your jurisdiction. Be sure to research and cite to the statutes and any rules or regulations within your jurisdiction related to this issue. Summarize the steps necessary to obtain a handgun and to carry it concealed. Please use the below heading in your memorandum and address it to your supervising attorney, Rolle Model. Be sure to include headings throughout to clearly identify each section of the memorandum.
Required Criteria:
In addition to fulfilling the specifics of the Assignment, a successful paper must also meet the following criteria:
Length should be 2-3 pages, excluding cover page and references page.
Double-spaced and in a 12-point font.
Appropriate headings and memorandum structure should be used.
Keep tone professional by avoiding I or We statements.
Viewpoint and purpose should be clearly established and sustained.
Assignment should follow the conventions of Standard American English (correct grammar, punctuation, etc.).
Writing should be well ordered, logical and unified, as well as original and insightful.
Your work should display superior content, organization, style, and mechanics.
Appropriate Bluebook citation style should be followed.
LS204 Legal Research and Writing
Unit 6 Assignment
This assignment aligns to the following course outcome(s):
LS204-1: Cite primary and secondary legal sources using the legal Bluebook.
GEL-1.02: Demonstrate college-level communication through the composition of original materials in Standard English.
GEL 6.05: Adapt research skills to discover and sort relevant sources to
complete tasks.
Throughout your textbook and this course, cases are cited using The Bluebook: A Uniform System of Citation (Harvard 19th ed. 2010). This is an essential skill to master, however it takes practice and patience to become familiar with The Bluebook.
Assignment:
Your supervising attorney, Sue Emaul, came to you with a challenge. Some old clients, Mr. and Mrs. Wang, have returned and asked if we could handle a current legal issue for them. The firm handled their prenuptial agreement twelve years ago and now, Mr. Horatio Wang, who is from Canada, would like to become a U.S. Citizen. The Wangs are currently living in Colorado where Mrs. Wang is a Professor of Women’s Studies at a local university and Mr. Wang is a researcher at the university cancer center. The Wangs met at a jazz club when Mr. Wang was a graduate student. He has since completed his PhD and has been credited with advancing treatment for a specialized form of cancer in his current position. He has been lawfully present in the United States from graduate school into his current status on an employment-based visa. Mrs. Elvira Wang, whose maiden name was Smith, is a U.S. citizen. The Wangs have four children, Katie,7; Salena, 5; Dewan, 4; and Devine, 4. All four children were born in Colorado, except Katie who arrived quite early while the Wangs were hiking in
Montana. Both Mr. and Mrs. Wang are active in their community and foster homeless dogs.
The Wangs were one of the first jobs for this firm and despite not handling immigration cases, Attorney Emaul has asked you to explore the requirements for Mr. Wang in seeking U.S. citizenship. Since this is an area of law that the firm is not familiar with, she would also like you to include some background on the process involved in applying for citizenship and the legal grounds under which it can be sought.
Write a 2-3 page interoffice memorandum outlining the process of applying for and being granted citizenship in the United States. Please outline the current law governing these requirements and as well as some further research on the process and what to expect when pursuing this for the client. Finally, compose a list of documents that we will need from the clients. Be sure to cite (using the Bluebook) to at least two primary sources and two secondary sources.
Required Criteria:
In addition to fulfilling the specifics of the Assignment, a successful paper must also meet the following criteria:
Length should be 2-3 pages, excluding cover page and references page.
Double-spaced ( and in a 12-point font.
Viewpoint and purpose should be clearly established and sustained.
Assignment should follow the conventions of Standard American English (correct grammar, punctuation, etc.).
Writing should be well ordered, logical and unified, as well as original and insightful, using headings to identify components.
Keep tone professional by avoiding I or We statements.
Your work should display superior content, organization, style, and mechanics.
Appropriate Bluebook citation style should be followed.
LS204 Legal Research and Writing
Unit 8 Assignment
This assignment aligns to the following course outcome(s):
LS204-2: Apply legal reasoning to a factual situation.
GEL-1.02: Demonstrate college-level communication through the composition of original materials in Standard English.
GEL 6.05: Adapt research skills to discover and sort relevant sources to
complete tasks.
As you learned earlier, most legal writing is organized using the IRAC (Issue, Rule, Analysis/Application, Conclusion) method. Before you begin your Assignment, complete the Legal Reasoning Activity, to practice identifying statutory facts and applying them to different legal situations.
Assignment Introduction:
Keon Alexander has come to this office with a problem. The city of Brooklyn, Michigan, recently sent him a notice stating that they intend take his home and surrounding property through an eminent domain action. Mr. Alexander suspected the city was going to try to take his home eventually, because the city is building a new park nearby, and they have already taken and destroyed several houses to prepare for the park project. Mr. Alexander explained that his house is different, though, since it is located just adjacent to the park project, unlike the houses that were located within the proposed park boundaries.
When he went down to city hall to ask why his house was included in the eminent domain action, someone at the City explained that they wanted to give his property to a private company, SportingPro, that intends to build a state-of-the-art sports complex next to the park. The city will not own any part of the complex, but they expect the tax revenues generated by the sports complex to help boost the city’s income enough to complete the park project. Mr. Alexander wants to know if the city is allowed to take his property for that purpose.
Assignment Instructions:
Your managing attorney, Rolle Model, has asked you to research this issue and write a predictive memorandum of law that sets forth the rights and duties of both Mr. Alexander and the city. Specifically research, can the city take Mr. Alexander’s property and give it to a private company for the purpose of generating increased tax revenue? Be sure to cite to primary authoritative sources and follow the format provided in the template example.
Required Criteria:
In addition to fulfilling the specifics of the Assignment, a successful paper must also meet the following criteria:
Length should be 2-3 pages, excluding cover page and references page.
Double-spaced and in a 12-point font.
Viewpoint and purpose should be clearly established and sustained.
Assignment should follow the conventions of Standard American English (correct grammar, punctuation, etc.).
Writing should be well ordered, logical and unified, as well as original and insightful, including headings.
Your work should display superior content, organization, style, and mechanics.
Appropriate Bluebook citation style should be followed.
Initial reference to the source should include the full citation and subsequent references to the source can use Bluebook’s short citation format.
LS204 Legal Research and Writing
Unit 1 Quiz
Question 1
The area of law dealing with prosecution and defense of crimes is:
Question options:
A) Civil
B) Criminal
C) Transactions
D) Property
Question 2 Before analyzing your client’s facts, it is important for a legal assistant to do what:
Question options:
A) Outline
B) Legal research
C) Characterize the facts
D) Prepare a chronology
Question 3 A multivolume set of books that act as a detailed topic index to reporters is called:
Question options:
A) Looseleaf service
B) Treatise
C) Encyclopedia
D) Digests
Question 4The area of the law dealing with private disputes between parties is:
Question options:
A) Civil
B) Criminal
C) Transactions
D) Property
Question 5 Written material kept in a pull-apart binder and concerning a single topic is called:
Question options:
A) Looseleaf service
B) Treatise
C) Encyclopedia
D) Digests
Question 6 All legal citations must follow the format set forth in A Uniform System of Citation which is also known as:
Question options:
A) Yellowbook
B) Redbook
C) Greenbook
D) Bluebook
Question 7 Reasons why the plaintiff should not recover even if all of the allegations of the complaint are true is:
Question options:
A) Precedent
B) Cause of action
C) Pleading
D) Affirmative defense
Question 8 The formal written allegations filed with the court are called:
Question options:
A) Precedent
B) Cause of action
C) Pleading
D) Affirmative defense
Question 9 A good issue statement contains the relevant facts and a:
Question options:
A) Legal conclusion
B) Legal question
C) Legal analysis
D) Legal term
Question 10 Judicial history is:
Question options:
A) The legal history of a case
B) The biography of a judge
C) The legal history of a statute
D) The factual background of a case
LS204 Legal Research and Writing
Unit 2 Quiz
Question 1When preparing a case brief, Mr. Kermit T. Frog should be referred to as:
Question options:
A) Mr. Frog
B) The frog
C) Kermit
D) Miss Piggy’s paramour
Question 2How many justices typically hear and decide an issue on appeal to an appeal to an appellant?
Question options:
A) 1
B) 3
C) 6
D) 9
Question 3 Binding authority is also referred to as:
Question options:
A) Persuasive authority
B) Precedential authority
C) Presidential authority
D) Mandatory authority
Question 4 Which of the following contains the court’s conclusion:
Question options:
A) Dissent
B) Rationale
C) Analysis
D) Holding
Question 5 Which of the following case brief components should be written as a question:
Question options:
A) Analysis
B) Issue
C) Rule
D) Holding
Question 6 A written request that the Supreme Court hear an appeal is:
Question options:
A) Petition for writ of habeas corpus
B) Petition for writ of mandate
C) Petition for writ of certiorari
D) Motion for appeal
Question 7 When researching, you should separate facts into all of the following categories except:
Question options:
A) Relevant
B) Legally unimportant
C) Explanatory
D) Unknown
Question 8 Full citations include both types of references:
Question options:
A) Positive and negative
B) Minority and majority
C) Primary and secondary
D) Official and unofficial
Question 9 Identify the citation component in bold :
Kane v. Garcia Espitia, 546 U.S. 9 (2005).
Question options:
A) Parties
B) Law Report
C) Page Number
D) Volume Number
Question 10 The official publication of U.S. Supreme Court cases is contained in:
Question options:
A) The Lawyers’ Edition
B) The Supreme Court Reporter
C) The Federal Reporter
D) United States Reports
LS204 Legal Research and Writing
Unit 3 Quiz
Question 1
The best resource to determine legislative intent is:
Question options:
A) Supremacy clause
B) Stare decisis
C) Legislative history
D) American history
Question 2 What does the 42 represent in this statute?
42 U.S.C. §2000e-2 (1991)
Question options:
A) Section
B) Page
C) Volume
D) Title Number
E) Not able to determine from citation
Question 3 Please identify the error in this citation:
Ind. C. §9-19-10-3 (2007)
Question options:
A) Missing the word Statute (abbreviated Stat.)
B) Should be Code and not an abbreviation
C) State should be in Italics
D) Nothing, this citation looks good.
Question 4 The U.S. Constitution contains each of the following provisions except:
Question options:
A) Amendments
B) Preamble
C) Index
D) Articles
Question 5 Stare decisis is another term for:
Question options:
A) Preempt
B) Predictive
C) Precedent
D) Present
Question 6 When a court must follow case law, that decision is:
Question options:
A) Concurrent authority
B) Supreme authority
C) Supreme jurisdiction
D) Mandatory authority
Question 7 When different entities have jurisdiction, both courts have:
Question options:
A) Concurrent jurisdiction
B) Constructive jurisdiction
C) Cooperative jurisdiction
D) Competing jurisdiction
Question 8
When congress declares a law no longer in effect, it does the following to that law:
Question options:
A) Repeal
B) Amend
C) Remand
D) Trash
Question 9 To analyze a statute, it should be broken down into its:
Question options:
A) Elements
B) Aspects
C) Pieces
D) Subparts
Question 10 When the president does nothing with a proposed bill that is passed in the last 10 days of the legislative, the following happens:
Question options:
A) The bill is approved as an unsigned law
B) The bill is vetoed as a pocket veto
C) The bill returns to the house
D) The bill returns to the senate
LS204 Legal Research and Writing
Unit 4 Quiz
Question 1 Areas of law regulated by administrative rules or regulations are provided in:
Question options:
A) Legal encyclopedias
B) Looseleaf services
C) Secondary sources
D) Hornbook
Question 2 In its online search system, Westlaw headnote numbers are preceded by which letter:
Question options:
A) H
B) F
C) K
D) W
Question 3The largest digest available to researchers, published by West, is the:
Question options:
A) Century digest
B) National digest
C) Centennial digest
D) American digest
Question 4 An editorial enhancement added to front material of a case that summarizes the legal topics of the case are:
Question options:
A) Treatise
B) Digest
C) Headnote
D) Law reports
Question 5 The American Digest System includes the following publication:
Question options:
A) Biannual digest
B) Decennial digest
C) Centennial digest
D) Millennial digest
Question 6 The newest subscription-based research platform is:
Question options:
A) Lexis
B) Westlaw
C) Bloomberg Law
D) Bloomingdale
Question 7
Material found in the front of the book describing the book’s purpose and direction is called:
Question options:
A) Word index
B) Preamble
C) Prefatory
D) Platform
Question 8 Am. Jur. Is a type of which legal publication:
Question options:
A) Legal dictionary
B) Legal encyclopedia
C) Periodical
D) Law review
Question 9 A pocket part is the way publications:
Question options:
A) Supercede existing authority
B) Supplement existing authority
C) Advertise new services
D) Make any corrections to the text
Question 10 The Nutshell series is an example of which type of secondary source:
Question options:
A) Treatise
B) Hornbook
C) Law review
) Periodical
LS204 Legal Research and Writing
Unit 5 Quiz
Question 1 Written material kept in a pull-apart binder and concerning a single topic is called:
Question options:
A) Looseleaf service
B) Treatise
C) Encyclopedia
D) Digests
Question 2 A collection of alphabetically arranged topics is called a:
Question options:
A) Treatise
B) Digest
C) Headnote
D) Law Reports
Question 3 When congress declares a law no longer in effect, it does the following to that law:
Question options:
A) Repeal
B) Amend
C) Remand
D) Trash
Question 4 Identify the citation component in bold :
Kane v. Garcia Espitia, 546 U.S. 9 (2005).
Question options:
A) Parties
B) Law Report
C) Page Number
D) Volume Number
Question 5The basis upon which a lawsuit may be brought to the court is called:
Question options:
A) Precedent
B) Cause of action
C) Pleading
D) Affirmative defense
Question 6 Editorial enhancement added to the front material of a case is called :
Question options:
A) Headnote
B) Footnote
C) Citation
D) Digest
Question 7The correct citation form of a legal dictionary reference is the following:
Question options:
A) Black’s Law Dictionary 600 (9th ed. 2009)
B) 600 Black’s Law Dictionary 9th ed. (2009)
C) 9th ed. Black’s Law Dictionary 600 (2009)
D) Black’s Law Dictionary, 9th ed. 2009 at 600
Question 8Which of the following is the better issue statement:
Question options:
A) Was John negligent?
B) Was the spectator negligently injured?
C) Was John negligent when he carelessly tossed a wooden bat into the crowd injuring a spectator?
D) Was the spectator injured by John’s negligence?
Question 9 The first ten amendments of the U.S. Constitution are called:
Question options:
A) Preamble
B) Articles
C) Bill of Rights
D) U.S. Code
Question 10 An article written by a law student is most likely to be published in which publication:
Question options:
A) Treatise
B) Hornbook
C) Law review
D) Periodical
LS204 Legal Research and Writing
Unit 6 Quiz
Question 1
The best online source for accessing information on all 3 branches of the federal government is:
Question options:
A) USA.gov
B) Gpoaccess.gov
C) Gogov.biz
D) Votesrus.com
Question 2 A page break in an online version of a case is identified with a:
Question options:
A) Exclamation point
B) Page heading
C) Asterisk
D) Slash
Question 3 The legal protection of original works by authorship is called a:
Question options:
A) Copyright
B) Hyperlink
C) Blog
D) Wildcard
Question 4 Words such as “and” or “or” used in a search query to show the relationship between key words are:
Question options:
A) Connectors
B) Adjacents
C) Key words
D) Participles
Question 5 The proceedings that relate to a bill before it becomes law is called:
Question options:
A) Blog
B) Organizational website
C) Legislative history
D) Copyright
Question 6 What limits the availability of secondary sources on the free Internet is:
Question options:
A) Public
B) Copyright
C) Constitution
D) Government
Question 7 A discussion site where individuals can post comments about various topics is called a:
Question options:
A) Blog
B) Organizational website
C) Legislative history
D) Copyright
Question 8 A symbol used in a word that substitutes for any letter is a:
Question options:
A) Copyright
B) Hyperlink
C) Blog
D) Wildcard
Question 9 The following research sites are free:
Question options:
A) Lexis
B) Westlaw
C) Google
D) All of the above
Question 10 Words that constitute a search request using CD-ROM and online materials is called a(n):
Question options:
A) Ask
B) Query
C) Question
D) Google
LS204 Legal Research and Writing
Unit 7 Quiz
Question 1 A well-written legal discussion starts from the beginning and lays a solid foundation for the reader.
Question options:
A) True
B) False
Question 2 This device introduces the issues:
Question options:
A) Thesis
B) Topic sentence
C) Header sentence
D) Headline
Question 3 Sentences are groups of words expressing a complete thought.
Question options:
A) True
B) False
Question 4
This legal document does not take sides or try to convince the reader to adopt a position:
Question options:
A) Persuasive document
B) Predictive memo
C) Thesis statement
D) Point heading
Question 5 Legal writing is often meant to predict or persuade.
Question options:
A) True
B) False
Question 6 A legal discussion or argument should begin with a thesis paragraph.
Question options:
A) True
B) False
Question 7 This lays a solid foundation by setting forth the client’s problem, the legal issues and briefly explains the legal rules and the conclusion:
Question options:
A) Topic sentence
B) Point heading
C) Summary paragraph
D) Thesis paragraph
Question 8 In legal writing, when omitting a word or several words from a quotation, one would use a(n) _______.
Question options:
A) A comma
B) An id.
C) A period
D) An ellipsis
Question 9 Please identify which type of court issued this opinion:
In re Kim, 26 I&N Dec. 912 (BIA 2017)
Question options:
A) An Indiana limited jurisdiction court
B) A federal trial court
C) A trial court in the state of Baltimore
D) A federal administrative court
Question 10 An effective topic sentence creates unity in a paragraph.
Question options:
A) True
B) False
LS204 Legal Research and Writing
Unit 8 Quiz
Question 1The rule or format followed in legal analysis is:
Question options:
A) ABCD
B) GMAC
C) ALR
D) IRAC
Question 2 A case of first impression is:
Question options:
A) A new issue of law
B) A new statute
C) A case of defamation
D) Grounds for an immediate appeal
Question 3 A list of authorities cited within a memorandum or brief along with the page numbers on which they appear is called:
Question options:
A) Table of authorities
B) Table of rules
C) Table of contents
D) Rules of court
Question 4 A formal document written in an argumentative or persuasive manner, filed with the court and advocating a certain position is:
Question options:
A) Memorandum of law
B) Memorandum of points and authorities
C) Opinion letter
D) Issue letter
Question 5 A brief filed in out-of-court proceedings in which parties submit a dispute to a neutral person for resolution is:
Question options:
A) Arbitration brief
B) Neutral brief
C) Arboretum brief
D) Resolution brief
Question 6 A statement under penalty of perjury and sworn to before a notary is:
Question options:
A) Motion
B) Declaration
C) Affidavit
D) Brief
Question 7 A list of the sections of a document with the page on which they appear within the document is:
Question options:
A) Table of authorities
B) Table of rules
C) Table of contents
D) Rules of court
Question 8 A statement under penalty of perjury, but not notarized, containing factual statements is:
Question options:
A) Motion
B) Declaration
C) Affidavit
D) Brief
Question 9 This identifies the parties to the case, the court in which it is pending, and the title of the document:
Question options:
A) Catalogue
B) Caption
C) Case summary
D) Deed
Question 10 A party who makes a motion is called:
Question options:
A) Plaintiff
B) Defendant
C) Moving party
D) Responding party
LS204 Legal Research and Writing
Unit 9 Quiz
Question 1 An affidavit or declaration must be based on first-hand knowledge of the facts or:
Question options:
A) First impression knowledge
B) Personal knowledge
C) Eye witness accounting
D) Video-recorded transcript
Question 2 This motion requests that the court render judgment before trial because there is no dispute over material facts:
Question options:
A) Summary judgment motion
B) Motion for relief
C) Motion to set aside a default
D) Statement of judgment
Question 3 Please identify which type of court issued this opinion:
In re Kim, 26 I&N Dec. 912 (BIA 2017)
Question options:
A) An Indiana limited jurisdiction court
B) A federal trial court
C) A trial court in the state of Baltimore
D) A federal administrative court
Question 4 A list of the sections of a document with the page on which they appear within the document is:
Question options:
A) Table of authorities
B) Table of rules
C) Table of contents
D) Rules of court
Question 5 What limits the availability of secondary sources on the free Internet is:
Question options:
A) Public
B) Copyright
C) Constitution
D) Government
Question 6 If there is no author to an online article, you should begin the citation with _______.
Question options:
A) The publisher of the article
B) The title of the article
C) The date of the first publication
D) The link
Question 7 A request for a court order in connection with a case that is pending in court is called:
Question options:
A) Request
B) Affidavit
C) Order
D) Motion
Question 8 Writing that predicts a legal outcome is called:
Question options:
A) Predictive writing
B) Persuasive writing
C) Thesis writing
D) Point heading
Question 9 A party who makes a motion is called:
Question options:
A) Plaintiff
B) Defendant
C) Moving party
D) Responding party
Question 10 Long sentences are good because they force the reader to pay close attention.
Question options:
A) True
B) False
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