Test Bank For Legal Research, Analysis, and Writing, 14th Edition

Name: Class: Date: CHAPTER 02: INTRODUCTION TO LEGAL RESEARCH AND ANALYSIS 1. One of the objects of legal analysis is to identify the issue raised by the facts of the client’s case. a. True b. False ANSWER: True RATIONALE: See “Legal Analysis Defined” POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM.18.2-1 – Understand the definition of legal analysis. OTHER: Bloom’s: Remembering 2. One of the objects of legal analysis is to determine how the law applies to the facts of the client’s case. a. True b. False ANSWER: True RATIONALE: See “Legal Analysis Defined” POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM.18.2-1 – Understand the definition of legal analysis. OTHER: Bloom’s: Remembering 3. The commonly used approach to legal analysis involves three steps. a. True b. False ANSWER: False RATIONALE: See “Legal Research and the Analysis Process” POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM.18.2-2 – Understand legal research and the elements of legal analysis. OTHER: Bloom’s: Remembering 4. The acronym used to refer to the analytical process is IRAC. a. True b. False ANSWER: True RATIONALE: See “Legal Research and the Analysis Process” POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM.18.2-2 – Understand legal research and the elements of legal analysis. OTHER: Bloom’s: Remembering 5. A properly stated issue requires the inclusion of the key facts and background facts. a. True b. False Copyright Cengage Learning. Powered by Cognero. Page 1 Name: Class: Date: CHAPTER 02: INTRODUCTION TO LEGAL RESEARCH AND ANALYSIS ANSWER: False RATIONALE: See “Legal Research and the Analysis Process” POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM.18.2-2 – Understand legal research and the elements of legal analysis. OTHER: Bloom’s: Remembering 6. The analysis/application step of the IRAC process cannot take place without the key facts. a. True b. False ANSWER: True RATIONALE: See “Legal Research and the Analysis Process” POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM.18.2-2 – Understand legal research and the elements of legal analysis. OTHER: Bloom’s: Remembering 7. The conclusion step of the analytical process presents the application of the law to the facts of the client’s case. a. True b. False ANSWER: False RATIONALE: See “Legal Research and the Analysis Process” POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM.18.2-2 – Understand legal research and the elements of legal analysis. OTHER: Bloom’s: Remembering 8. Before the analysis process can begin, it may be necessary to conduct preliminary research in the area of law involved in the case. a. True b. False ANSWER: True RATIONALE: See “Legal Research and the Analysis Process” POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM.18.2-3 – Understand how the elements of legal analysis apply in specific situations. OTHER: Bloom’s: Remembering 9. Identification of the law governing the dispute is the first step of the analytical process. a. True b. False ANSWER: False Copyright Cengage Learning. Powered by Cognero. Page 2 Name: Class: Date: CHAPTER 02: INTRODUCTION TO LEGAL RESEARCH AND ANALYSIS RATIONALE: See “Legal Research and the Analysis Process” POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM.18.2-3 – Understand how the elements of legal analysis apply in specific situations. OTHER: Bloom’s: Remembering 10. The identification of the rule of law is probably the most important step in the analytical process. a. True b. False ANSWER: False RATIONALE: See “Legal Research and the Analysis Process” POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM.18.2-3 – Understand how the elements of legal analysis apply in specific situations. OTHER: Bloom’s: Remembering 11. When researching the law in a case that involves several issues, it is most efficient to research the law for all the issues at the same time. a. True b. False ANSWER: False RATIONALE: See “Legal Research and the Analysis Process” POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM.18.2-3 – Understand how the elements of legal analysis apply in specific situations. OTHER: Bloom’s: Remembering 12. Step 2 of the analytical process is usually composed of two parts. a. True b. False ANSWER: False RATIONALE: See “Legal Research and the Analysis Process” POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM.18.2-3 – Understand how the elements of legal analysis apply in specific situations. OTHER: Bloom’s: Remembering 13. The law that governs the issue(s) in a client’s case may be either enacted law or case law. a. True b. False Copyright Cengage Learning. Powered by Cognero. Page 3 Name: Class: Date: CHAPTER 02: INTRODUCTION TO LEGAL RESEARCH AND ANALYSIS ANSWER: True RATIONALE: See “Legal Research and the Analysis Process” POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM.18.2-3 – Understand how the elements of legal analysis apply in specific situations. OTHER: Bloom’s: Remembering 14. When researching primary authority, the first step is to look for the case that is factually similar to the client’s case. a. True b. False ANSWER: False RATIONALE: See “Legal Research and the Analysis Process” POINTS: 1 DIFFICULTY: Medium LEARNING OBJECTIVES: LRAW.PUTM.18.2-3 – Understand how the elements of legal analysis apply in specific situations. OTHER: Bloom’s: Understanding 15. If there is no constitutional or statutory law that applies to an issue in a client’s case, the next step is to look to secondary authority. a. True b. False ANSWER: False RATIONALE: See “Legal Research and the Analysis Process” POINTS: 1 DIFFICULTY: Medium LEARNING OBJECTIVES: LRAW.PUTM.18.2-3 – Understand how the elements of legal analysis apply in specific situations. OTHER: Bloom’s: Understanding 16. Step 3 of the analytical process requires the identification of the elements of the law governing the issue. a. True b. False ANSWER: True RATIONALE: See “Legal Research and the Analysis Process” POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM.18.2-3 – Understand how the elements of legal analysis apply in specific situations. OTHER: Bloom’s: Remembering 17. Counteranalysis is part of Step 3 of the analytical process. a. True Copyright Cengage Learning. Powered by Cognero. Page 4 Name: Class: Date: CHAPTER 02: INTRODUCTION TO LEGAL RESEARCH AND ANALYSIS b. False ANSWER: True RATIONALE: See “Legal Research and the Analysis Process” POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM.18.2-3 – Understand how the elements of legal analysis apply in specific situations. OTHER: Bloom’s: Remembering 18. Step 4 of the analytical process includes the identification of additional facts or other information that may be necessary as a result of questions raised in the analysis of the problem. a. True b. False ANSWER: True RATIONALE: See “Legal Research and the Analysis Process” POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM.18.2-3 – Understand how the elements of legal analysis apply in specific situations. OTHER: Bloom’s: Remembering 19. Focus, as discussed in this chapter, applies to the first three steps of the IRAC process. a. True b. False ANSWER: True RATIONALE: See “General Considerations” POINTS: 1 DIFFICULTY: Medium LEARNING OBJECTIVES: LRAW.PUTM.18.2-4 – Understand the importance of focus and intellectual honesty. OTHER: Bloom’s: Understanding 20. Rule 1.4 of the American Bar Association’s Model Rules of Professional Conduct provides that a client must be represented competently. a. True b. False ANSWER: False RATIONALE: See “General Considerations” POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM.18.2-4 – Understand the importance of focus and intellectual honesty. OTHER: Bloom’s: Remembering 21. The object of legal analysis and legal research is to determine: a. The legal issue(s) raised by the facts Copyright Cengage Learning. Powered by Cognero. Page 5 Name: Class: Date: CHAPTER 02: INTRODUCTION TO LEGAL RESEARCH AND ANALYSIS b. What law governs the legal issue(s) c. How the law applies to the facts d. What legal remedy is available e. All of the above f. Answers a, b, and c above ANSWER: e RATIONALE: See “Introduction” POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM.18.2-1 – Understand the definition of legal analysis. OTHER: Bloom’s: Remembering 22. Before legal analysis can begin, the preliminary preparation that must take place includes: a. Identification of the issue b. Gathering of the relevant facts c. Acquisition of a basic familiarity with the area of law involved in the case d. Identification of the legal remedy e. All of the above f. Answers a and b above g. Answers b and c above ANSWER: f RATIONALE: See “Legal Analysis Defined” POINTS: 1 DIFFICULTY: Medium LEARNING OBJECTIVES: LRAW.PUTM.18.2-1 – Understand the definition of legal analysis. OTHER: Bloom’s: Understanding 23. The preliminary process of gathering the facts includes: a. Gathering all the relevant facts b. Organizing the facts c. Weighing the facts d. Identifying the key facts e. All of the above f. Answers a, b, and c above ANSWER: e RATIONALE: See “Legal Research and the Analysis Process” POINTS: 1 DIFFICULTY: Medium LEARNING OBJECTIVES: LRAW.PUTM.18.2-2 – Understand legal research and the elements of legal analysis. OTHER: Bloom’s: Understanding 24. The legal research component of the legal analysis process is composed of the following parts: a. Becoming familiar with the general area of law Copyright Cengage Learning. Powered by Cognero. Page 6 Name: Class: Date: CHAPTER 02: INTRODUCTION TO LEGAL RESEARCH AND ANALYSIS b. Locating the law that governs the question c. Determining how the law applies to the facts d. Locating the law that interprets how the general law applies e. All of the above f. Answers b, c, and d above g. Answers b and d above ANSWER: f RATIONALE: See “Legal Research and the Analysis Process” POINTS: 1 DIFFICULTY: Medium LEARNING OBJECTIVES: LRAW.PUTM.18.2-2 – Understand legal research and the elements of legal analysis. OTHER: Bloom’s: Understanding 25. The law that applies to the issue(s) raised in a client’s case may be: a. An ordinance b. A constitutional provision c. A statute d. A regulation e. All of the above f. Answers a, b, and d above ANSWER: e RATIONALE: See “Legal Research and the Analysis Process” POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM.18.2-3 – Understand how the elements of legal analysis apply in specific situations. OTHER: Bloom’s: Remembering 26. The reason(s) for locating constitutional or statutory law first when researching primary authority is (are) that: a. The constitutional or statutory provision may answer the question, and reference to other law is not required b. The court opinion interpreting the law may be included with the constitutional or statutory provision c. The annotations that follow the constitutional or statutory provision may refer to case law that interprets the law d. All of the above e. Answers a and b above f. Answers a and c above ANSWER: f RATIONALE: See “Legal Research and the Analysis Process” POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM.18.2-3 – Understand how the elements of legal analysis apply in specific situations. OTHER: Bloom’s: Remembering Copyright Cengage Learning. Powered by Cognero. Page 7 Name: Class: Date: CHAPTER 02: INTRODUCTION TO LEGAL RESEARCH AND ANALYSIS 27. Which of the following are parts of Step 3 of the IRAC process? a. Identification of the issue b. Identification of the rule of law that governs the issue c. Identification of the elements of the rule of law d. A summary of the law that applies e. All of the above f. None of the above ANSWER: c RATIONALE: See “Legal Research and the Analysis Process” POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM.18.2-3 – Understand how the elements of legal analysis apply in specific situations. OTHER: Bloom’s: Remembering 28. Which of the following are parts of Step 3 of the IRAC process? a. Identification of the component parts of the rule of law b. Application of the facts of the client’s case to the component parts c. Consideration of the possible counterarguments to the analysis of the issue d. All of the above e. Answers a and b above ANSWER: d RATIONALE: See “Legal Research and the Analysis Process” POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM.18.2-3 – Understand how the elements of legal analysis apply in specific situations. OTHER: Bloom’s: Remembering 29. Step 4 of the analytical process may include: a. A discussion of how a court may rule on the issue(s) b. Identification of additional facts that may be necessary c. Identification of further research that may be necessary d. Identification of related issues or concerns e. All of the above f. Answers a, b, and c above ANSWER: e RATIONALE: See “Legal Research and the Analysis Process” POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM.18.2-3 – Understand how the elements of legal analysis apply in specific situations. Copyright Cengage Learning. Powered by Cognero. Page 8 Name: Class: Date: CHAPTER 02: INTRODUCTION TO LEGAL RESEARCH AND ANALYSIS OTHER: Bloom’s: Remembering 30. As discussed in this chapter, the term focus: a. Means to analyze only the issue(s) assigned b. Does not apply to Step 3 of the analytical process c. Means to concentrate on the client’s facts and issue(s) being analyzed d. Does not apply to Step 2 of the analytical process e. Answers a, b, and c above f. Answers a and c above ANSWER: f RATIONALE: See “General Considerations” POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM.18.2-4 – Understand the importance of focus and intellectual honesty. OTHER: Bloom’s: Remembering 31. Intellectual honesty includes a. an assumption of the law. b. researching and analyzing a problem objectively. c. preconceived notions and personal views. d. analyzing and applying the rule of law. ANSWER: b RATIONALE: See “General Considerations” POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM.18.2-4 – Understand the importance of focus and intellectual honesty. OTHER: Bloom’s: Remembering 32. In which of the following situations would you stop researching? a. If the search produces no results. b. If the search produces several sources. c. Both a and b. d. Neither a or b. ANSWER: d RATIONALE: See “General Considerations” POINTS: 1 DIFFICULTY: Medium LEARNING OBJECTIVES: LRAW.PUTM.18.2-4 – Understand the importance of focus and intellectual honesty. OTHER: Bloom’s: Understanding 33. If the primary authority answers the question, then a. stop researching as there is no need to look futher. b. confirm the research with a secondary source. Copyright Cengage Learning. Powered by Cognero. Page 9 Name: Class: Date: CHAPTER 02: INTRODUCTION TO LEGAL RESEARCH AND ANALYSIS c. confirm the results by finding a second primary authority. d. check for other cases that may analyze the issue differently. ANSWER: a RATIONALE: See “General Considerations” POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM.18.2-4 – Understand the importance of focus and intellectual honesty. OTHER: Bloom’s: Remembering 34. When is a secondary authority not needed? a. If there is a mandatory authority case. b. If there is a recent decision that is on point. c. If the primary authority clearly provides the answer to the issue. d. If there is no primary authority. e. Answers a and c. f. Answers a, b, and c. ANSWER: a RATIONALE: See “General Considerations” POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM.18.2-4 – Understand the importance of focus and intellectual honesty. OTHER: Bloom’s: Remembering 35. Which of the following additional factors govern when to stop researching? a. There is a lack of primary authority. b. There are several secondary authority sources. c. The claim is small. d. The length of time is short and the amount of money is small. ANSWER: d RATIONALE: See “General Considerations” POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM.18.2-4 – Understand the importance of focus and intellectual honesty. OTHER: Bloom’s: Remembering Copyright Cengage Learning. Powered by Cognero. Page 10