Filters
Question type

Study Flashcards

In a court brief,the fact component of the issue and the statement of facts should be stated persuasively.

A) True
B) False

Correct Answer

verifed

verified

The fundamental principles that apply to the preparation of office legal memoranda also apply to the preparation of court briefs.

A) True
B) False

Correct Answer

verifed

verified

The major difference between a court brief and an office legal memorandum is the presentation of the format and content.

A) True
B) False

Correct Answer

verifed

verified

In a court brief,the law component of the issue should be stated in an objective manner.

A) True
B) False

Correct Answer

verifed

verified

Appellate court rules may establish the type of paper used for the brief.

A) True
B) False

Correct Answer

verifed

verified

True

The section of an appellate brief that lists the legal issues the party is requesting the court to consider is called


A) statement of fact
B) related appeal
C) assignment of error
D) issue heading
E) All of the above

F) A) and D)
G) C) and E)

Correct Answer

verifed

verified

Court briefs and office legal memoranda are similar in that:


A) Both are written in a persuasive manner
B) The basic writing process is the same
C) The basic format is the same
D) The organizational approach to the legal analysis of an issue is the same
E) All of the above
F) Answers a,b,and c above
G) Answers b,c,and d above

H) A) and E)
I) A) and C)

Correct Answer

verifed

verified

In the argument section of a court brief:


A) Discuss the issue supported by the strongest argument first
B) Present the rule of law in an objective manner
C) Place the law unfavorable to the client's position at the end of the analysis
D) Always follow the counteranalysis with a rebuttal
E) All of the above
F) Answers a,c,and d above
G) Answers a and d above

H) C) and F)
I) A) and D)

Correct Answer

verifed

verified

In regard to an appellate court brief:


A) Format and style are strictly governed by appellate court rules
B) Unlike a trial court brief,an appellate court brief is not drafted persuasively
C) It is similar to an office legal memorandum in many respects
D) It often includes a jurisdictional statement
E) All of the above
F) Answers a,c,and d above
G) Answers b and d above

H) E) and G)
I) D) and E)

Correct Answer

verifed

verified

F

In regard to the persuasive presentation of information in court briefs:


A) The facts component of the issue should be stated objectively
B) The key facts should be stated persuasively in the facts section
C) Point headings should be presented persuasively
D) Unfavorable material should be placed at the end of the argument
E) All of the above
F) Answers b and c above
G) Answers a,b,and d above

H) A) and F)
I) B) and C)

Correct Answer

verifed

verified

The organizational approach to the legal analysis of an issue in a court brief differs from that of an office legal memorandum.

A) True
B) False

Correct Answer

verifed

verified

The format and style of an appellate brief is strictly governed by appellate court rules.

A) True
B) False

Correct Answer

verifed

verified

A trial court brief should consist of a short,concise presentation of the law,because trial court judges are usually busy.

A) True
B) False

Correct Answer

verifed

verified

The basic organizational format of the analysis of an issue in a court brief is the:


A) Rule of law,followed by the case law,and then the application and conclusion
B) Issue,followed by the rule of law and case law,and then the application and conclusion
C) Issue,followed by the case law and rule of law,and then the application and conclusion
D) The rule of law,followed by the issue and case law,and then the application and conclusion

E) B) and C)
F) A) and D)

Correct Answer

verifed

verified

Why should the issue supported by the strongest argument be presented first in the argument section of a court brief?


A) First impressions are lasting.
B) The court is more likely to look more favorably on weaker arguments.
C) A judge may not read or give equal attention to an argument presented at the end of the argument section.
D) Arguments that are weak detract and divert attention from stronger arguments.
E) All of the above
F) None of the above
G) Answers a,b,and d above

H) D) and E)
I) A) and B)

Correct Answer

verifed

verified

Point headings are a summary of the position advocated in the argument and the counterargument.

A) True
B) False

Correct Answer

verifed

verified

False

The argument section of a trial court brief may include:


A) A summary of the argument
B) A preliminary statement
C) Point headings
D) The legal argument
E) All of the above
F) Answers a,c,and d above
G) Answers a and d above

H) A) and F)
I) B) and E)

Correct Answer

verifed

verified

Short sentences should be used to emphasize favorable information.

A) True
B) False

Correct Answer

verifed

verified

Under Rule 3.3(a)(3)of the Model Rules of Professional Conduct,an attorney has an ethical duty to disclose legal authority that is adverse to the position of the client and is not disclosed by the opposing counsel.

A) True
B) False

Correct Answer

verifed

verified

Trial court briefs are usually subject to time constraints.

A) True
B) False

Correct Answer

verifed

verified

Showing 1 - 20 of 35

Related Exams

Show Answer