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Legal Writing > final > Flashcards

final Flashcards

1
Q

a. What is meant by Weight of Authority?

A

a. Binding vs persuasive

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2
Q

What is the Hierarchy of Law?

A

a. Constitutions
b. Statute
c. Treaties
d. Case law

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3
Q

What is the highest legal authority within Ohio in relation to the Hierarchy of Law?

A

a. Ohio Constitution

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4
Q

d. Explain the difference between persuasive and binding authority?

A

a. Binding authority must be followed. Persuasive merely should be considered.

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5
Q

e. What are some examples of persuasive authority?

A

a. Cases from outside home jurisdiction. Restatements. Dicta.

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6
Q

f. What is another term for binding authority?

A

a. Primary authority

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7
Q

a. unofficial decisions of the United States Supreme Court?

A

Supreme Court Reporter (S. Ct.)

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8
Q

b. unofficial decisions of the Ohio Supreme Court?

A

N.E. 3rd

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9
Q

c. unofficial decisions of the Pennsylvania Superior Court?

A

A.3d

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10
Q

a. official reporter the United States Supreme Court?

A

United States Reports, U.S.

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11
Q

official reporter the Ohio Supreme Court?

A

Ohio State Reports 3rd

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12
Q

c. official reporter of the Pennsylvania Supreme Court?

A

Pennsylvania State Reports 3rd

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13
Q

What determines or makes a case report “official?”

A

Authorized by statute and carried out by the government.

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14
Q

What are slip laws?

A

The first official publication of a federal statute

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15
Q

What are session laws?

A

Compilation of Slip Laws at the end of a congressional session

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16
Q

What is meant by a state code of laws & what is the difference between state session laws and state code laws?

A

Codification of statutes published by states and fed govt. Session laws are the official statutes themselves

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17
Q
  1. How is the Ohio Revised Code organized? Is this code official or unofficial? What makes it official or unofficial?
A

By subject matter. Official.

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18
Q

What is meant by an annotated state code?

A

An annotated code provides the text of a statute (arranged by subject) and annotations

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19
Q

b. What is the difference between an official or unannotated code and an annotated code? Is the language of the law identical in both codes?

A

Annotations to additional sources in addition to the statute language. Yes.

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20
Q
  1. Where is a law first published in the federal system?
A

Office of the Federal Register (OFR) as a part of the Federal Register Publications System. In this form, the law is published by itself in an unbound pamphlet.

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21
Q
  1. What are five terms that can be broadly construed to include as legislation?
A 
Constitutions
Statutes
Ordinances
Codes
Administrative regulations
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22
Q

What is meant by Cannons of Construction and when are they used?

A

Statutory interpretation. Text based tools with Latin names.

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23
Q

a. What is in pari materia?

A

a. doctrine in statutory construction that statutes that are in pari materia must be construed together

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24
Q

b. What is ejusdem generis?

A

a. Of the same kind. Uses a catch all “and others” type word at the end.

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25
Q

What is the difference between primary and secondary authority?

A

Binding and persuasive

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26
Q

what is noscitur a sociis

A

an unclear or ambiguous word (as in a statute or contract) should be determined by considering the words with which it is associated in the context

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27
Q

What are the two national legal encyclopedias?

A 
o	Amgur 2nd (American Jurisprudence 2d)
o	CJS (Corpus Juris Secundum)
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28
Q
  1. When in the research process would you consult a national or state encyclopedia?
A

At the beginning with my secondary source search

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29
Q
  1. What is the current Ohio encyclopedia?
A

Ohio Jurisprudence 3d

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30
Q

. How are print encyclopedias organized?

A

Alphabetical by subject matter

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31
Q

How are the print encyclopedias updated (in print and on line)?

A

pocket parts

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32
Q

What is ALR?

A

Annotations / articles on emerging or interesting areas of law

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33
Q

What do the letters (ALR) stand for?

A

American Law Report

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34
Q

How is each volume of ALR organized?

A

chronological

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35
Q

Under what circumstances would you use ALR?

A

When you want the latest on that particular area of law

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36
Q

a. How is an ALR updated?

A

pocket part supplements

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37
Q
  1. How would one find an ALR annotation on a point of law?
A

Index in print.

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38
Q

b. Is an ALR article still available in print?

A

yes

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39
Q

c. Is citing to ALR in a court document recommended?

A

no

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40
Q

Which ALR series is currently adding volumes?

A

7th

41
Q
  1. Is ALR on both Lexis and Westlaw?
A

Westlaw only

42
Q

Is ALR the same as an encyclopedia, if not how does this source differ from an encyclopedia?

A

No. It’s more specific.

43
Q

What is Causes of Action? Is this source both in print and on line?

A

Secondary source. Online only. Westlaw. USe this early in research.

44
Q
  1. Is the topic and key number system the same as Key Cite? If not, what is the difference?
A

Similar. West v. Lexis

45
Q
  1. What are Model Acts or Codes? Give some examples of Model Acts:
A

Model codes are suggested Acts/Codes that can be adopted by legislatures. They are primary if enacted. Secondary authority if not; e.g. Model Penal Code

46
Q

What are Uniform Laws? What authority is the Uniform Commercial Code?

A

Laws that are uniform across jurisdictions. UCC is a widely adopted code to handle commercial transactions.

47
Q
  1. Generally, what kind of authority are the Uniform Laws?
A

Primary

48
Q

What purpose does Words and Phrases serve? Under what research circumstances would you use this resource?

A

Dictionary with legal meanings of common words. Statutory interpretation

49
Q

What are the Restatements and what purpose do they serve and does Restatements, 2d supersede Restatements?

A

Treatises, secondary authority. Yes.

50
Q
  1. Who writes the Restatements?
A

ALI: American Law Institute (lawyers)

51
Q
  1. Give three areas of the law that have Restatements.
A

Torts, Contracts, Property

52
Q
  1. What type of authority may the Restatements be used as?
A

strong persuasive

53
Q

What are Hornbooks?

A

Study materials. Digested versions of case books

54
Q

What are Treatises?

A

Secondary source. Scholarly article on area of law

55
Q

What is one Ohio Treatise?

A

Baldwin

56
Q

. What purpose does a treatise serve?

A

Practitioner tool. Guides lawyers and judges in the direction of good law.

57
Q

. What are law reviews? Is a law review on point with your case, citable? Why or why not?

A

Student edited periodical publicans on law. Yes, you can. Additional persuasive authority.

58
Q

Can a law review be Shepardized?

A

no

59
Q

. In the West Digest System, what does a topic and key number mean?

A

Citator that assigns numbers to areas of law and categorizes them together across cases.

60
Q

How are the West key numbers assigned?

A

Editor

61
Q

What purpose does the topic and key number serve in the research process?

A

Breaks out different points of law within a case then links other cases together using that point

62
Q
  1. What is the state digest for Ohio?
A

West’s Ohio Digest

63
Q
  1. What is meant by the one good case method of research?
A

Find a case on point, see what cites to it.

64
Q

What is Shepard’s Citations?

A

Citation system developed by Frank Shephard to report all US cases

65
Q

Can Statutes be Shepardized?

A

yes

66
Q

Shepardizing a case, what is actually being Shepardized?

A

Holding

67
Q

What are meant by dicta?

A

judge opinion not the holding. persuasive.

68
Q

What kind of authority are dicta?

A

Persuasive

69
Q

Can you do a Boolean search aka terms and connectors on WestlawNext?

A

yes

70
Q

What is meant by Field Restrictions on Westlaw Next and explain the use of them?

A

Use when you want to restrict search to a particular area of a document

71
Q

Explain the use of the asterisk (*) and the exclamation point (!) in doing electronic research on LexisAdvance or WestlawNext by giving examples.

A

Wom*e for woman, women = wildcard letter

Defend! = defendant, defender = root epander

72
Q

How does a bill can become law without the President signing it if, when the President does not return the bill with his objections and if Congress is in session?

A

After 10 days if congress hasn’t adjourned then it becomes law by default.

73
Q

What online citators can be consulted to update state and federal statutes?

A

Shepards and KeyCite

74
Q

What is IRAC?

A

Issue, rule, analysis, conclusion

75
Q

What is CRAC & CREAC?

A

CRAC (Conclusion, Rule, Application, Conclusion), or CREAC (Conclusion, Rule, Explanation, Application, Conclusion)

76
Q

What purpose does IRAC or CRAC (CREAC) serve in legal writing organization?

A

Structure and clarity. Formalism

77
Q

What is a topic sentence and what purpose does it serve?

A

Introduces a topic for analysis before a controlling rule or case holding

78
Q

What is the difference between an office memorandum and a court memorandum/trial brief?

A

Objective vs persuasive

79
Q

a. A memorandum has a precise format, please give the precise sections (5):

A

Statement of facts, Issue, Brief Answer, Discussion, Conclusion

80
Q

b. What is the purpose of the objective memorandum?

A

To inform. Usually an internal document.

81
Q

. In legal writing what is the purpose of describing facts more broadly in crafting the holding of a case?

A

If you want to broaden the applicability of a law to the facts of your case.

82
Q

In legal writing, what purpose does reasoning by analogy or by distinction serve?

A

To apply the facts of your case to existing law or case precedent

83
Q
  1. What facts need to be analogized in memorandum writing?
A

Legally significant facts

84
Q

In memorandum writing what is the difference between the principal argument and the counter argument?

A

Principal argument goes first and is the side you are arguing

85
Q

How should the two arguments be organized in the office memorandum?

A

Primary argument then counter argument

86
Q

In memorandum or advocacy writing, what is meant by the Question Presented?

A

What is the primary issue?

87
Q

For the Q/P if you are required to include both sides of the issue, generally which side should be placed first?

A

Principal Argument, the side you think will win

88
Q

c. What is meant by the principal argument vs. the counter argument?

A

Counter argument is the opposing position

89
Q
  1. In Memorandum writing, what critical information needs to be included in the Statement of the Facts? Give the facts that should be included:
A

Legally relevant facts; fact that appear in the discussion, relevant background info

90
Q
  1. What is meant by lsf: legally significant facts?
A

Facts that can control the outcome of the case; pertinent to the LE

91
Q

How are legally significant facts determined?

A

Context of the case

92
Q

In reviewing all parts of the objective memorandum, where would the legally significant facts be found?

A

everywhere

93
Q

What purpose does a full regional citation serve? AND When is Id. used in legal writing?

A

Helps the reader find the info. Case name, reporter, court, date, and the volume/page of the reporter. Id for citing to last cited source.

94
Q
  1. What is the difference between citing authority using parallel v. regional citation in legal writing?
A

Use parallel when preparing documents for courts that require it per their rules

95
Q
  1. What are introductory signals?
A

See, see also, etc

 Refers to additional supporting sources

96
Q
  1. What purpose do signals serve in legal writing?
A

Explain if cites work for or against the stated fact

97
Q
  1. What purposes does legal citation serve in the Office Memorandum?
A

To make sure you’re correct because it’s assumed you aren’t

98
Q
  1. What is the purpose of pinpoint citations?
A

Takes the reader to the actual page you’re discussing in a longer case

Legal Writing (1 decks)

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