Test Bank for Legal Research, Analysis, and Writing, 6th Edition

Legal Research, Analysis, and Writing, 6e (Hames) Chapter 2 The Starting Point: Analyzing Facts and Identifying Legal Issues 2.1 True or False 1) Issue statements contain the most significant facts and the legal question. Answer: TRUE Page Ref: 24 Objective: Describe how to identify legal issues in a reported case decision. Level: intermediate 2) The issue should never be stated as a question. Answer: FALSE Page Ref: 26 Objective: Provide examples of good issue statements. Level: basic 3) Issues are found in answers to complaints. Answer: FALSE Page Ref: 24 Objective: Describe how to identify legal issues in a client’s factual situation. Level: intermediate 4) Judicial history is the factual background of a case. Answer: FALSE Page Ref: 25 Objective: Describe how to identify legal issues in a reported case law decision. Level: basic 5) Case law is often written to instruct the legal community. Answer: TRUE Page Ref: 25 Objective: Describe how to identify legal issues in a reported case law decision. Level: intermediate 6) Legal issues are specific questions raised by the facts. Answer: TRUE Page Ref: 24 Objective: Describe how to identify legal issues in a reported case law decision. Level: basic 7) Because our legal system is based on precedent, the sorting and comparison of facts are essential legal analysis skills. Answer: TRUE Page Ref: 22 Objective: State and describe the three basic factual categories. Level: basic 8) Facts determine the area of law to be researched. Answer: TRUE Page Ref: 23 Objective: State and describe the three basic factual categories. Level: basic 9) “Was John Smith negligent in causing the accident?” is a good issue statement because it contains a legal question and important facts. Answer: FALSE Page Ref: 26 Objective: Provide examples of good issue statements. Level: difficult 10) Categorizing a client’s facts helps to focus the research. Answer: TRUE Page Ref: 21 Objective: State and describe the three basic factual categories. Level: intermediate 2.2 Matching Match the following: A) case law B) cause of action C) questions presented D) judicial history E) pleadings F) legal analysis G) precedent H) prima facie case 1) A collection of reported cases 2) The example set by the decision of an earlier court for similar cases or similar legal questions that arise in later cases 3) The process of comparing and contrasting facts and legal issues 4) A statement of the legal issues presented to the court for resolution 5) The formal written allegations filed with the court by both sides to a lawsuit 6) The basis upon which a lawsuit may be brought to the court 7) The legal history of a case 8) On first view or on its face Answers: 1) A 2) G 3) F 4) C 5) B 6) E 7) D 8) H 2.3 Fill-in-the-Blanks 1) The identification of ________ facts is an essential step in both reading the law and researching the law. Answer: relevant Page Ref: 20 Objective: State and describe the three basic factual categories. Level: basic 2) A good issue statement contains a legal ________ surrounded by the most significant facts. Answer: question Page Ref: 26 Objective: Provide examples of good issue statements. Level: intermediate 3) Facts may be categorized as relevant, explanatory, and ________. Answer: nonessential Page Ref: 21 Objective: State and describe the three basic factual categories. Level: basic 2.4 Multiple Choice 1) The following are all categories of facts except: A) explanatory B) legally unimportant C) relevant D) evidentiary Answer: D Page Ref: 21 Objective: State and describe the three basic factual categories. Level: basic 2) After identifying your client’s facts, its important for a legal assistant to do what? A) outline B) legal research C) characterize the facts D) prepare a chronology Answer: B Page Ref: 21 Objective: State and describe the three basic factual categories. Level: basic 3) A decision of an earlier court for similar cases or similar legal questions is called: A) published case B) pleading C) precedent D) cause of action Answer: C Page Ref: 22 Objective: Describe how to identify legal issues in a reported case law decision. Level: intermediate 4) The formal written allegations filed with the court are called: A) precedent B) cause of action C) pleading D) affirmative defense Answer: C Page Ref: 24 Objective: Describe how to identify legal issues in a client’s factual situation. Level: intermediate 5) The basis upon which a lawsuit may be brought to the court is called: A) precedent B) cause of action C) pleading D) affirmative defense Answer: B Page Ref: 24 Objective: Describe how to identify legal issues in a client’s factual situation. Level: intermediate 6) Reasons why the plaintiff should not recover even if all of the allegations of the complaint are true is: A) precedent B) cause of action C) pleading D) affirmative defense Answer: D Page Ref: 24 Objective: Describe how to identify legal issues in a client’s factual situation. Level: intermediate 7) Which of the following is the best issue statement? A) Was John negligent when he tossed a wooden bat? B) Was the spectator negligently injured by a wooden bat? 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? Answer: C Page Ref: 26 Objective: Provide examples of good issue statements. Level: difficult 8) To identify relevant facts, a researcher should: A) remove or change a fact and see if it significantly changes the situation B) add a fact and see if it significantly changes the situation C) remove or change a fact and see if it changes the citation in any way D) see if similar facts occur in published cases Answer: A Page Ref: 21 Objective: Describe how to identify legal issues in a reported case law decision. Level: intermediate 9) A good issue statement contains the relevant facts and a: A) legal conclusion B) legal question C) legal analysis D) legal term Answer: B Page Ref: 26 Objective: Provide examples of good issue statements. Level: intermediate 10) To determine if a published case applies to a client’s situation a researcher must: A) determine that the nature of the dispute or issue is similar B) determine that all relevant facts are identical C) determine that most explanatory facts are similar D) determine that the issue and explanatory facts are similar Answer: A Page Ref: 3 Objective: Describe how to identify legal issues in a reported case law decision. Level: difficult