Know how to use ALWD to know which regional reporter covers each state - Answer-look to Appendix 1
Relative Weight b/w Authorities
- Primary, Secondary, Mandatory, Persuasive - Answer-- Primary sources articulate the law (constitutions, statutes, cases, agency decisions or regulations)
- Pri...
Legal Writing Exam Questions with
Latest Update
Know how to use ALWD to know which regional reporter covers each state - Answer-
look to Appendix 1
Relative Weight b/w Authorities
- Primary, Secondary, Mandatory, Persuasive - Answer-- Primary sources articulate the
law (constitutions, statutes, cases, agency decisions or regulations)
- Primary sources can be MANDATORY (refers to the cases, statutes, or regulations
that the court MUST follow b/c it's binding on the court) or PERSUASIVE (cases,
statutes, regulations, or secondary sources that the court MAY follow, but DOES NOT
HAVE TO; may be the holding from a court in another jurisdiction or a lower court in the
same jurisdiction)
- Primary, Mandatory are something that the court HAS to enforce
- Secondary & Persuasive are journal articles (ALR, law review) - not usually given a lot
of "clout"
- Secondary CAN ONLY BE PERSUASIVE (not mandatory)
When writing a memo: what authority should you use? - Answer-you must cite to
relevant MANDATORY authority - however, consider citing persuasive authority if no
mandatory authority exists
What are types of SECONDARY sources (only persuasive - not mandatory) - Answer-
examples include: treatises, dictionaries, legal encyclopedias (AmJur 2d, CJS), ALR,
Restatements, Law review articles
- NEVER binding on a court
If a statute and a case say the same thing, which do you cite? - Answer-CITE THE
STATUTE
BUT, if it is an interpretation of the statute....which do you cite? - Answer-CITE THE
CASE
Know how the FEDERAL courts and the STATE courts interact. - Answer-:)
If it's a state court decision interpreting the federal constitution: is federal common law
mandatory? - Answer-YES - supreme court wins them
- when you have a state law issue: the federal law decision is NOT mandatory on state
court decision
Decisions of federal intermediate appellate courts and federal trial courts on issues of
federal law are ...... - Answer-NOT mandatory authority for state courts
, What is DICTA (and be able to spot Dicta) - Answer-Dicta are "decisions that aren't
essential to the decision"
- not law, but just "talking" in a case
- if it's not substantive material - it's dicta
- short statements that express a general proof or principle
Know how to find name of source that publish cases for District Court - Answer-how to
find name of reporters used - look to Appendix 1
Know the difference b/w the OFFICIAL and UNOFFICIAL Federal Codes - Answer--
U.S.C. vs. U.S.C.A.
- annotated codes are NEVER official
- Look up where it says where each code is official for each state/etc. - Appendix 1
- State reporter is ALWAYS official
- Regional reporters are UNOFFICIAL
What is a digest? - Answer-- index to cases that contains descriptions all cases in
jurisdiction
Definition of a Legal Reader? - Answer-Characteristics: busy, skeptical, get to the point,
question everything, lazy, lose attention the father they go, want to capture/catch their
attention in the beginning
- HERE - signifies the current case
- THERE - signifies a precedent case
How to start a paragraph: - Answer-- TOPIC SENTENCE - defines topic for paragraph
- every sentence in that paragraph should relate to that topic sentence
4 forms of reasoning: - Answer-RULE BASED
ANALOGICAL
COUNTER-ANALOGICAL
POLICY BASED
(and NARRATIVE)
1/4
Rule Based Reasoning: - Answer-X is the answer b/c it says X is the answer.
- reaches a result by establishing and applying a rule of law - establishes structure of
discussion of the authority
2/4
Analogical Reasoning - Answer-- I'm going to compare my client's case to the precedent
case and say they're similar facts, so similar reasoning should give the same result
- similar facts give certain results, so should be SAME results
- reaches results by showing SIMILARITIES b/w the authorities and the client's situation
(usually w/ direct facts that tie together)
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