Question 1

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

Accepted Answer

A) True 
 B)False

Question 2

In the statement of facts section of a court brief:

Accepted Answer

A)  Include both key facts and background facts
B)  Place facts unfavorable to the client's position at the end of the facts section
C)  Use short sentences to emphasize unfavorable information
D)  Use objective words to present the facts that are both favorable and unfavorable to the client's position
E)  All of the aboveF) Answers a, c, and d aboveG) Answers a and d aboveH) A) and F)
I) A) and E)

Question 3

For appellate court briefs, an appellate court rules may establish the:

Accepted Answer

A)  Type of paper used
B)  Citation format
C)  Maximum length of the brief
D)  Sections that must be included
E)  All of the aboveF) Answers b and d aboveG) Answers b, c, and d aboveH) C) and F)
I) B) and D)

Question 4

In some instances, a trial court brief does not require a:

Accepted Answer

A)  Caption
B)  Table of contents
C)  Table of authorities
D)  Preliminary statement
E)  All of the aboveF) Answers b and c aboveG) Answers b, c, and d aboveH) B) and G)
I) None of the above

Question 5

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

Accepted Answer

A) True 
 B)False

Question 6

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

Accepted Answer

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 aboveF) Answers b and c aboveG) Answers a, b, and d aboveH) A) and G)
I) B) and G) F

Question 7

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

Accepted Answer

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

Question 8

In the argument section of a court brief:

Accepted Answer

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 aboveF) Answers a, c, and d aboveG) Answers a and d aboveH) F) and G)
I) C) and G)

Question 9

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

Accepted Answer

A) True 
 B)False

Question 10

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

Accepted Answer

A) True 
 B)False

Question 11

The argument section of a trial court brief should begin with a preliminary statement.

Accepted Answer

A) True 
 B)False

Question 12

Trial court briefs are usually subject to time constraints.

Accepted Answer

A) True 
 B)False

Question 13

Every brief submitted to a trial court requires a caption.

Accepted Answer

A) True 
 B)False

Question 14

Which categories are included in the table of authorities?

Accepted Answer

A)  Constitutional law
B)  Regulations
C)  Enacted Law
D)  Case Law
E)  All of the aboveF) Answers a, b, and d aboveG) Answers b and d aboveH) C) and F)
I) B) and C)

Question 15

The basic format of a court brief is different from that of an office legal memorandum.

Accepted Answer

A) True 
 B)False

Question 16

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

Accepted Answer

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 aboveF) None of the aboveG) Answers a, b, and d aboveH) A) and B)
I) C) and E) E

Question 17

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

Accepted Answer

A) True 
 B)False

Question 18

Short sentences should be used to emphasize favorable information.

Accepted Answer

A) True 
 B)False

Question 19

A court brief is an advocacy document.

Accepted Answer

A) True 
 B)False  True

Question 20

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

Accepted Answer

A) True 
 B)False

Exam 18: External Memoranda: Court Briefs

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

Correct AnswerverifiedShow Answer

In the statement of facts section of a court brief:

Correct AnswerverifiedShow Answer

For appellate court briefs, an appellate court rules may establish the:

Correct AnswerverifiedShow Answer

In some instances, a trial court brief does not require a:

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedF

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

Correct AnswerverifiedShow Answer

In the argument section of a court brief:

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

The argument section of a trial court brief should begin with a preliminary statement.

Correct AnswerverifiedShow Answer

Trial court briefs are usually subject to time constraints.

Correct AnswerverifiedShow Answer

Every brief submitted to a trial court requires a caption.

Correct AnswerverifiedShow Answer

Which categories are included in the table of authorities?

Correct AnswerverifiedShow Answer

The basic format of a court brief is different from that of an office legal memorandum.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedE

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

Correct AnswerverifiedShow Answer

Short sentences should be used to emphasize favorable information.

Correct AnswerverifiedShow Answer

A court brief is an advocacy document.

Correct AnswerverifiedTrue

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

Correct AnswerverifiedShow Answer

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F

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E

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True

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