Vol II Ch 1 Notes Flashcards
PRIMAL AUTHORITY
ANY FORM OF LAW
EXAMPLES OF PRIMAL AUTHORITY
A STATUTE, CASE (COURT OPINION), THE CONSTITUTION, EXECUTIVE ORDERS, ADMINISTRATIVE RULES/DECISIONS, TREATIES, ORDINANCES, CHARTERS AND RULES OF COURT.
EXAMPLES OF SECONDARY AUTHORITY
DEFINITIONS FROM DICTIONARIES, LEGAL ENCYCLOPEDIAS, TREATISES, ARTICLES FROM MAGAZINES, LAW JOURNALS, TRADE JOURNALS OR MAGAZINES OR ANY OTHER NON- LAW THAT IS QUOTED IN SUPPORT OF A LEGAL ISSUE.
TREATISES
A BOOK BY A PRIVATE PUBLISHER ON A SPECIFIC AREA OF LAW.
“MANDATORY”
IF THE MATERIAL IS FROM A HIGHER AUTHORITY THAN THE COURT IN WHICH YOU CLIENT’S CASE IS BEING HEARD, AND WITHIN THE COURT’S JURISDICTION.
SECONDARY AUTHORITY
NON-LAW.
EXAMPLES OF “MANDATORY”
A CASE YOU FOUND IN THE LAW LIBRARY THAT CAME FROM A HIGHER COURT IN THE APPROPRIATE JURISDICTION.
“PERSUASIVE”
MATERIAL FROM A COURT OF THE SAME OR LOWER LEVEL.
COURT CAN CHOOSE WHETHER NOT TO FOLLOW OR NOT.
*COURT NOT REQUIRED TO FOLLOW
EXAMPLE OF “PERSUASIVE”
A CASE FROM THE SAME LEVEL OF COURT OR A CASE FROM A DIFFERENT JURISDICTION.
“STARE DECISIS”
DOCTRINE THAT HOLD’S A COURT’S PREVIOUS DECISION SHOULD BE FOLLOWED UNLESS THERE IS A COMPELLING REASON NOT TO.
NON-AUTHORITY
IS ANYTHING A COURT WOULD NEVER USE IN REACHING IT’S DECISION.
EXAMPLES OF “NON-AUTHORITY”
- A CASE THAT HAS BEEN REVERSED BY A HIGHER COURT.
- A STATUTE THAT HAS BEEN SUPERSEDED.
- A RESEARCH BOOK THAT IS USED AS AN INDEX OR THAT COULD NEVER BE QUOTED.
CONSTITUTION
HIGHEST FORM OF LAW–> IS THE FUNDAMENTAL LAW THAT ESTABLISHES THE BASIC RIGHTS AND OBLIGATIONS OF CITIZENS & CREATES THE BRANCHES OF THE GOVERNMENT.
EX: US CONSTITUTION –> IS THE HIGHEST FORM OF LAW IN THE U.S (INDIVIDUAL STATES HAVE THIER OWN CONSTITUTION)
STATUTES
LAWS CREATED BY THE LEGISLATIVE BRANCH OF THE GOVERNMENT
U.S CONGRESS CREATES FEDERAL STATUTES WHICH ARE CONTAINED IN THE U.S.C (U.S CODE)
STATE LEGISLATURES CREATE STATUTES FOR THEIR OWN STATES
STATUTES ARE “ENACTED LAW” (SUPERSEDES COMMON LAW)
OPINIONS
DECISION(S) OF A COURT APPLYING LAW TO SPECIFIC, FACTUAL SITUATIONS.
OFTEN REFERRED TO A “CASE” OR “CASE LAW”
EX: ROE V. WADE –> IS AN OPINION OF THE COURT THAT APPLIED WHAT THE COURT DEEMED WAS A CONSTITUTIONAL RIGHT FOR A WOMAN TO HAVE AN ABORTION.
OPINIONS ARE “COMMON LAW”
TREATIES
REPRESENTS AN AGREEMENT BETWEEN TWO OR MORE GOVERNMENTS.
EX: A PRESIDENT SIGNS TREATIES, WITH CONSENT OF THE SENATE.
EXAMPLE OF A TREATY
STRATEGIC ARMS LIMITATION TREATY (S.A.L.T)
WAS NEGOTIATED BY THE U.S AND THE SOVIET UNION BUT HAD TO BE CONFIRMED BY THE U.S SENATE BEFORE IT BECAME LAW.
EXAMPLE OF A TREATY
STRATEGIC ARMS LIMITATION TREATY (S.A.L.T)
WAS NEGOTIATED BY THE U.S AND THE SOVIET UNION BUT HAD TO BE CONFIRMED BY THE U.S SENATE BEFORE IT BECAME LAW.
EXECUTIVE ORDER
A LAW CREATED BY THE HIGHEST ENTITY OF THE EXECUTIVE BRANCH, SUCH AS THE PRESIDENT OR GOVERNOR.
EX: A PARDON OF SOMEONE CONVICTED OF A CRIME.
ADMINISTRATIVE RULES
RULES AND REGULATIONS CREATED BY STATE AND FEDERAL ADMINISTRATIVE AGENCIES.
EX: THE FEDERAL AVIATION ADMINISTRATION (F.A.A.) CREATES RULES GOVERNING AIR TRAFFIC THROUGHOUT THE COUNTRY.
ADMINISTRATIVE DECISIONS
ARE CREATED BY THE ADMINISTRATIVE AGENCIES APPLYING ADMINISTRATIVE RULES TO FACTUAL SITUATIONS.
EX: THE F.A.A. CAN FINE A PERSON FOR MAKING A JOKE ABOUT A BOMB IN AN AIRPORT. AFTER A HEARING, THE AGENCY WOULD ISSUE A REPORT DETAILING IT’S DECISION.
RULES OF COURT
THESE ARE THE RULES THAT GOVERN THE PROCEDURES OF THE STATE AND FEDERAL TRIAL PROCESS.
COURT RULES ARE CREATED BY THE LEGISLATURE, THE HIGHEST COURT IN THE STATE OR BOTH.
EX: “FEDERAL RULES OF CIVIL PROCEDURES” ARE THE COURT RULES FOR CIVIL FEDERAL TRIALS.
CHARTERS
THE LOCAL EQUIVALENT OF A CONSTITUTION
THE BASIC AND FUNDAMENTAL LAW OF LOCAL GOVERNMENTS
THEY ESTABLISH STRUCTURE OF THE LOCAL GOVERNMENT IN THAT JURISDICTION
CHARTERS= CONSTITUTION
ORDINANCES
ARE THE LOCAL EQUIVALENT OF STATUTES
THEY ARE RULES THAT MEMBERS OF THE COMMUNITY ARE EXPECTED TO FOLLOW
EX: IF A PERSON FAILS TO CUT HIS/HER LAWN, HE OR SHE IS MOST LLIKELY VIOLATING AN ORDINANCE.
ORDINANCES= STATUTES
ANOTHER NAME FOR ORDINANCES IS _____________
STATUTES
WHICH OF THE FOLLOWING ARE EXAMPLES OF PRIMARY AUTHORITY?
- A CASE - A STATUTE - AN ORDINANCE
- DICTIONARY - THE S.A.L.T TREATY - ENCYCLOPEDIA
- PRESIDENTIAL PARDON - ADMINSTRATIVE RULE
- CITY CHARTER - ROE V. WADE - U.S CONSTITUTION
- KANSAS CONSTITUTION - COURT OPINION
- AN EXECUTIVE ORDER - AN INDEX
- A CASE - A STATUTE - AN ORDINANCE
- DICTIONARY - THE S.A.L.T TREATY
- PRESIDENTIAL PARDON - ADMINISTRATIVE RULE
- CITY CHARTER - ROE V. WADE - U.S CONSTITUTION
- KANSAS CONSTITUTION - COURT OPINION
- AN EXECUTIVE ORDER
CITATION
IS A LEGAL ADDRESS
A RESEARCHER OR AUTHOR MUST BE ABLE TO LOCATE AND REFER TO AN AUTHORITY IN ORDER TO BE ABLE TO USE IT.
AUTHORITY:
SECONDARY AUTHORITY (NON LAW) IS USED TO MAINLY \_\_\_\_\_\_\_\_\_ AND \_\_\_\_\_\_\_\_, \_\_\_\_\_\_\_\_\_ LAW
LOCATE; EXPLAIN; PRIMARY
RESEARCH
IS THE SKILL USED TO LOCATE RELEVANT AUTHORITY
ENCYCLOPEDIAS ( ______ _______) PROVIDE “________” THAT LEAD THE RESEARCHER TO THE ACTUAL LAW (PRIMARY AUTHORITY) SUCH AS ______ & ______.
SECONDARY AUTHORITY; CITATIONS; CASES & STATUTES
WRITING
THE PURPOSE OF MOST LEGAL RESEARCH IS TO SUPPORT ________ IN LEGAL _________, SUCH AS ________ & __________.
ARGUMENTS; DOCUMENTS; BRIEFS & MOTIONS
CANINO V. NEW YORK NEWS, 475 A.2D 528 (N.J.) (1984) CANINO V. NEW YORK NEWS = \_\_\_\_\_\_\_\_\_ (A) 475 = \_\_\_\_\_\_\_\_\_\_\_ (B) A.2d = \_\_\_\_\_\_\_\_\_\_ (C) 528= \_\_\_\_\_\_\_\_\_\_\_ (D) (N.J.) = \_\_\_\_\_\_\_\_\_\_ (E) 1984 = \_\_\_\_\_\_\_\_\_\_ (F)
(A) THE TITLE; ALWAYS ITALICIZED OR UNDERLINED
(B) THE VOLUME NUMBER
(C) THE PUBLICATION ; ATLANTIC REPORTER 2ND SERIES
(D) THE PAGE NUMBER
(E) IS THE COURT; SUPREME COURT OF NEW JERSEY
(F) IS THE YEAR THE OPINION WAS WRITTEN
-
-
- PUBLICATION
- THE VOLUME NUMBER
- PAGE NUMBER
IF THE PARALEGAL ONLY HAS A RESEARCH ISSUE : THERE ARE MANY PUBLICATIONS THAT HELP THE RESEARCHER______ CASES AND ______ AND OTHER ______ OF ________.
LOCATE STATUTES; FORMS; AUTHORITY
PUBLICATIONS THAT HELP THE RESEARCHER LOCATE CASES, STATUTES AND OTHER FORMS OF AUTHORITY - - - -
LEGAL ENCYLOPEDIAS
ANNOTATIONS
DIGESTS
FORMS
OFFICIAL REPORTS
ARE PUBLISHED BY THE STATE AND LOCAL GOVERNMENTS
GENERALLY ONLY INCUDE THE OFFICIAL OPINIONS OF THE COURT AKA “CASES”
UNOFFICIAL REPORTS
PUBLISHED BY PRIVATE PUBLISHERS
THEY CONTAIN THE SAME OPINION
EX: WESTLAW
-
-
SYLLABUS
HEADNOTES
KEY NUMBERS
SYLLABUS
A SHORT SYNOPSIS OF THE CASE
PROVIDES RESEARCHER WITH A SNAPSHOT OF THE LEGAL MATTER & RESULT OF THE CASE
HEADNOTES
IS A SUMMARY OF A SPECIFIC PORTION OF THE CASE;
(1,2,3,ETC) : EACH IS NUMBERED AND REFERS TO A POINT WITHIN THE OPINION
KEY NUMBERS
REPORTERS GENERALLY USE WEST’S KEY NUMBER SYSTEM
REFERENCES ARE PROVIDED AT THE BEGINNING OF EACH (A)_________, REPRESENTED BY A (B) ___SYMBOL, A TOPIC AND A NUMBER
(A) HEADING
(B) KEY
LINE OF DEMARCATION
THIS LINE AT THE END OF THE LAST HEADNOTE
INDICATES THAT ALL THAT FOLLOWS IS THE OFFICIAL , WORD FOR WORD OPINION OF THE COURT
ABOVE THE LINE OF DEMARCATION
PROVIDED BY THE PUBLISHER
MAY NOT BE QUOTED
BELOW THE LINE OF DEMARCATION
IS THE COURT OPINION
MAY BE QUOTED
OPINION
THE DECISION OF THE COURT
PRINTED BELOW THE LINE OF DEMARCATION
OPINION PROVIDED FIRST AFTER THE L.O.D IS THE “MAJORITY”
” DISSENTING & CONCURRING OPINIONS ARE TITLED AS SUCH & PROVIDED AFTER THE MAJORITY
A STATUTE:
LAW CREATED BY __________
ACTS AS A ________ _________ FOR SOCIETY
UNLIKE CASE LAW, STATUTES DO NOT REFLECT ________ _________ ________
2 TYPES OF STATUTES ARE ____________ & _________
LAW CREATED BY LEGISLATION
ACTS AS A GENERAL RULE FOR SOCIETY
UNLIKE CASE LAW, STATUTES DO NOT REFLECT SPECIFIC FACTUAL SITUATIONS
FEDERAL AND STATE STATUTES
TYPICAL FEDERAL STATUTORY CITATION
42 U.S.C § 1204 (2006)
42 - STANDS FOR ______ 42 ( COULD ALSO BE ______)
TITLE 42; CHAPTER
TYPICAL FEDERAL STATUTORY CITATION
42 U.S.C § 1204 (2006)
U.S.C STANDS FOR _____ _____ ______
U.S.C IS THE “ _________”
UNITED STATES CODE
PUBLICATION
TYPICAL FEDERAL STATUTORY CITATION
42 U.S.C § 1204 (2006)
§ STANDS FOR THE “_______” §§ STANDS FOR “ ______(S)”
§ = “SECTION”
§§ = “SECTIONS”
TYPICAL FEDERAL STATUTORY CITATION
42 U.S.C § 1204 (2006)
-
-
1984 IS THE ______ THE ______ WAS ENACTED
- 42 U.S.C, § 1204
- 42 U.S.C. §§ 1204 TO 1207
- 42 U.S.C. SEC. 1204
- YEAR ;STATUTE
TO FIND A STATUTE ONE NEEDS THE ______. THE _____ OR “CHAPTER” AND THE _______
42 U.S.C § 1204 (2006)
*** LOCATE THE PUBLICATION “_____ _____ _____, THE ______ (42), THEN THE _______ ________ (1204)
PUBLICATION, TITLE, SECTION
UNITED STATES CODE, THE TITLE, SECTION NUMBER
IF A RESEARCHER IS SPECIFICALLY LOOKING FOR ______ AUTHORITY, START IN THE ______ TO THE STATUTES BEING RESEARCHED
STATUTORY; INDEX
COMMON LEGAL REFERENCES FOUND IN A LEGAL LIBRARY
(A) \_\_\_\_\_\_\_\_ (B) \_\_\_\_\_\_\_\_ AIDS (C) LEGAL \_\_\_\_\_\_\_\_\_ (D) \_\_\_\_\_\_ BOOKS (E) LEGAL \_\_\_\_\_\_\_\_ (F) LEGAL \_\_\_\_\_\_\_ (G) LEGAL \_\_\_\_\_\_ & DICTIONARIES
(A) ANNOTATIONS (B) LITIGATION (C) TREATISES (D) FORM (E) DIGESTS (F) PERIODICALS (G) ENCYCLOPEDIAS
RESEARCHERS SHOULD ALWAYS BEGIN IN THE ______
INDEX
INDEX –> ______ ________—> ______ AUTHORITY
MAIN VOLUMES; RELEVANT
THE ______ LEADS TO THE ____ ______ OF THE BOOKS
INDEX; MAIN VOLUMES
IN A LEGAL LIBRARY
RELEVANT AUTHORITY
THE MAIN ________ WILL LEAD TO THESE; A CASE OR _________ ;
GENERALLY MEANS “___________” AUTHORITY
VOLUMES ; STATUTE ; “ADDITIONAL”
THE EQUIVALENT SYSTEM FOR THE _______ LEGAL ________
SEARCH ______ –> ______ PAGE –> ________ AUTHORITY
ONLINE LEGAL RESEARCH
QUERY, RESULTS; RELEVANT
SEARCH QUERY IS WHEN THE _______ ENTERS A ______ INTO AN __________ SYSTEM
RESEARCHER; QUESTION; ONLINE
______ _______ SYSTEM PROVIDES THE RESULTS PAGE
ONLINE RESEARCH
ONLINE RESEARCH
________ ARE PROVIDED TO RELEVANT AUTHORITY
LINKS
THE LAW LIBRARY STRENGTHS: - MATERIALS ARE FROM \_\_\_\_ \_\_\_\_\_\_\_\_\_\_ (A) - LARGE \_\_\_\_\_\_\_\_\_\_ (B) - GREATER \_\_\_\_\_\_\_\_\_ CAPABILITIES (C) - FREE \_\_\_\_\_\_ ACCESS (D)
(A) ALL PUBLISHERS
(B) COLLECTIONS
(C) BROWSING
(D) PUBLIC
THE LAW LIBRARY WEAKNESSES (A)\_\_\_\_\_\_\_\_ TO LIBRARY REQUIRED (B) SOME \_\_\_\_\_\_\_\_ CANCELLED (C) \_\_\_\_\_\_\_\_\_ TO BUSINESS OR \_\_\_\_\_\_\_ HOURS (D) LIBRARIES SELECT VARYING \_\_\_\_\_\_\_
(A) TRAVEL
(B) SUBSCRIPTIONS
(C) LIMITED ; SCHOOL
(D) COLLECTIONS
ONLINE RESEARCH SERVICES STRENGTHS (A) ACCESS TO ALL \_\_\_\_\_\_ (B) POWERFUL \_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_ (C) \_\_\_\_\_\_\_\_\_\_ (D) IMMEDIATE \_\_\_\_\_\_\_ TO LAWS
(A) LAWS
(B) SEARCH ENGINES
(C) CONVENIENCE
(D) UPDATES
ONLINE RESEARCH SERVICES WEAKNESSES (A) HIGH \_\_\_\_\_\_ OF \_\_\_\_\_\_\_ SERVICES (B) NOT ALL \_\_\_\_\_\_\_ ARE \_\_\_\_\_\_\_ ONLINE (C) CAN'T "BROWSE" IN THE \_\_\_\_\_\_\_ SENSE (D) NOT ALL PARALEGALS GIVEN \_\_\_\_\_\_\_ (E) NOT ALL \_\_\_\_\_\_ CAN \_\_\_\_\_ FOR IT
(A) COST; ONLINE (B) MATERIALS; AVAILABLE (C) TRADITIONAL (D) ACCESS (E) CLIENTS; PAY
(A) RESEARCH ONLINE ( ____ & ____) IF :
(B) YOU NEED A _____, STATUTE, OR ______ TO ANSWER A RESEARCH ISSUE
(C) YOU HAVE A _____ TO A LAW AND NEED TO A QUICK _____
(D) YOU ARE LOOKING FOR A _____ THAT THE LAW FIRM DOES NOT HAVE
(E) YOU NEED TO _______ A CASE, _____, OR OTHER ______
(A) WESTLAW & LEXIS (B) CASE, REGULATION (C) CITATION; COPY (D) FORM (E) VALIDATE; STATUTE; LAW
(A) RESEARCH IN THE _____ _____ IF
(B) YOUR FIRM DOES NOT ____ YOU WITH _____ TO ____ SERVICES
(C) YOU ARE NOTSURE THAT YOUR CLIENT CAN ____ ONLINE _____
(D) THE ONLINE SERVICE DOES NOT HAVE THE ___ BOOK/ ____ YOU NEED
(E) YOU HAVE EASY _____ TO A _____ AND NEED TO LOOK UP ______
(A) LAW LIBRARY (B) PROVIDE; ACCESS; ONLINE (C) AFFORD; SERVICES (D) FORM; TREATISE (E) ACCESS; LIBRARY; CASE
THE INDEX
(A) LOOK FOR “ _____ TOPIC” AS A GENERAL , _____ TOPIC WITHIN THE SAME SET OF ______
(B) INDEXES ARE “_______” SYSTEM
(A) REFERENCED TOPIC; BROAD; INDEXES
(B) HIERARCHICAL
INDEXES ARE HIERARCHICAL
(A)______ –> SUBTOPIC —> (C) __- ______
(A) TOPIC
(C) SUB-SUBTOPIC
INFRA OR ______ MEANS TO ____ FOR YOUR TOPIC ______
ANTE; LOOK ; BELOW
SUPRA LOOK FOR YOUR (A) _____ _____ WITHIN THE SAME (B)_____
(A) TOPIC ABOVE
(B) HEADING
C.J.S “ (A)____ ____ _____” IS PUBLISHED BY (B) _____ _____ _______& UTILIZES THE (C) _____ _____ SYSTEM
(A) CORPUS JURIS SECUNDUM
(B) WEST PUBLISHING
(C) WESTLAW KEY
AM. JUR. 2D A.K.A (A) “ ______ ______” PUBLISHED BY (B) ____ _____ _____ ______ ; PART OF (C) ____ ____ ____ RESEARCH SYSTEM
(A) AMERICAN JURISPRUDENCE
(B) LAWYERS COOPERATIVE
(C) TOTAL CLIENT SERVICE
UNIFIED (A) ______ OF LEGAL WRITING
USE (B) _____ MATERIAL AND (C) ______ TO CREATE NEW DOCUMENTS
(A) THEORY
(B) EXISTING
(C) AUTHORITY
UNIFIED THEORY OF LEGAL WRITING
CONCEPT VERY IMPORTANT FOR (2) REASONS
(A) USING ____ & _____ AND TO ESTABLISH (B) ________
(A) FORMS & TEMPLATES
(B) PRECEDENCE
USE FORMS AND TEMPLATES
BY USING A PREVIOUSLY EXISTING FORM OR TEMPLATE, THE PARALEGAL INCREASES LIKELIHOOD OF PRODUCING A (A) ______ _____ & ALSO PRODUCES IT IN A MORE (B) _______ MANNER WHICH SAVES THE (C) ______ _______
(D) EXAMPLES WOULD BE: _____ AGREEMENT LETTER; _____FOR _______ ______.
(A) QUALITY DOCUMENT
(B) EFFICIENT
(C) CLIENT MONEY
(D) RETAINER ; REQUEST ; MED RECORDS
PRECEDENCE :
BY USING (A) EXISTING ______, AS A (B) _____FOR (C) _____ _____ OR ARGUMENT , THE DOCUMENT GAINS WEIGHT IN TERMS OF IT’S (D) LEGAL _______.
(A) AUTHORITY
(B) BASIS
(C) LEGAL ANALYSIS
(D) REASONING
YOU DON’T HAVE TO (A) ______ THE LAW, YOU SIMPLY (B) _____ AND (C) ______ IT!
(A) CREATE
(B) FIND
(C) APPLY
FORMS OF LEGAL WRITING ARE:
- __________ (A)
- PLEADINGS (B)
- ________ (C)
- _________ (D)
- ______ & MEMORANDA
(A) CORRESPONDENCE (B) PLEADINGS (C) DISCOVERY (D) MOTIONS (E) MEMORANDA
CORRESPONDENCE
LETTERS OR (A) ______ BETWEEN ATTORNEYS, PARALEGALS, (B) _______, WITNESSES, (C)________, AGENCIES OR POTENTIAL (D) ________.
(A) EMAILS
(B)CLIENTS
(C) BUSINESSES
(D) ADVERSARIES
PLEADINGS
THESE DOCUMENTS ARE GENERALLY (A) _____BASED AND NOT (B) ____BASED
WRITER PREPARES DOCS THEN LAYS OUT SPECIFIC (C) _____ THAT SUPPORT HIS/HER (D) _______ IN THE (E) ______ OR (F) _________ PROCEEDINGS
(A) FACT (B) LAW (C) FACTS (D) POSITION (E) LITIGATION (F) CRIMINAL
DISCOVERY
THESE DOCS ARE ALSO (A) ______BASED AND NOT (B) ____ BASED
ITS PRIMARY PURPOSE IS TO (C) ______ ________ RELEVANT TO LITIGATION.
(EX: WHAT REALLY (E) _______, WHICH (F) ______ THE OPPOSITION INTENDS TO CALL DURING TRIAL, ETC)
(A) FACT (B) LAW (C) EXPOSE FACTS (D) LITIGATION (E) HAPPENED (F) WITNESSES
MOTIONS
SUCH AS A MOTION (A) ___ _______, WHICH SEEKS TO HAVE THE COURT (B) ______ A (C) ______ ISSUE
(A) IN LIMINE
(B) ADDRESS
(C) PROCEDURAL
BRIEFS AND MEMORANDA
THESE DOCUMENTS (A) _____ LEGAL (B) ______ AND ARE (C) _____ BASED.
2 TYPES OF MEMORANDA ARE
(D) ________
(E) ________
(A) ARGUE (B) ISSUES (C) LAW (D) INTERNAL (E) EXTERNAL
INTERNAL MEMORANDUM A.K.A (A) “ ________ _________”
THEY ARE (B) _______, LOOKING AT BOTH (C) _______ OF THE LEGAL QUESTION
(A) INTEROFFICE MEMORANDA
(B) OBJECTIVE
(C) SIDES
EXTERNAL MEMORANDUM
SUCH AS (A) ____ _____, ATTEMPT TO (B) ______ THE READER AND ONLY ARGUE (C) ______ THAT IS FAVORABLE TO THE (D) ________
(A) TRIAL BRIEFS
(B) PERSUADE
(C) LAW
(D) CLIENT
INITIAL CORRESPONDENCE OFTEN (A) ______ A TONE OF (B) ________ COMMUNICATION.
📧 ——> AN OPPOSING PARTY —>OFTEN A (C) _______ LETTER.
📧 ——-> THE CLIENT —-> IS SOME FORM OF (D) _______ REGARDING INITIAL (E) _______ BEING TAKEN BY LAW FIRM IN CLIENT’S CASE.
(A) ESTABLISHES (B) PROFESSIONAL (C) DEMAND (D) UPDATE (E) STEPS
THE DEMAND LETTER : SHOULD ALWAYS (A) ______ THE RECIPIENT OF THE (B) _____ IN _______ AND THE (C) _____ OF MONEY DEMANDED.
PART OF A CONCEPT CALLED (D) “ _____ OF_________”
WHICH MEANS AT (E) ALL ______ OF A GIVEN DISPUTE, EVERY REASONABLE (F) _____ OR REMEDY HAS BEEN TRIED.
(A) INFORM (B) MATTER; CONTROVERSY (C) SUM (D) " EXHAUSTION; REMEDIES (E) STAGES (F) SOLUTION
ELEMENTS OF A SUCCESSFUL DEMAND:
(A) BE CLEAR AND _____ FORWARD
THE PARALEGAL DOES NOT HAVE TO PROVIDE EXACT (B) _____ AND (C) _______
(A) STRAIGHT
(B) DETAILS
(C) FACTS
ELEMENTS OF A SUCCESSFUL DEMAND:
DON’T (A) ______ WHY A SPECIFIC (B) ______ FOR (C) _______ IS BEING MADE
SIMPLY (D) ______ THE AMOUNTS AND (E) ____ UP FOR ______
( A DISPUTE ABOUT A SPECIFIC DAMAGE BELONGS IN THE (F) _______ NOT IN THE (G) ______ _____)
(A) EXPLAIN (B) REQUEST (C) DAMAGES (D) ITEMIZE (E) ADD ; TRIAL (F) COURTROOM (G) DEMAND LETTER
ELEMENTS OF A SUCCESSFUL DEMAND:
UPON (A) ______ THE DOCUMENT , THE RECIPIENT SHOULD BE ABLE TO CLEARLY (B) _______ THE (C) ________ (THE ALLEGATION BEING MADE) & (D) ______.
(A) READING
(B) IDENTIFY
(C) CLAIM
(D) DAMAGES
ELEMENTS OF A SUCCESSFUL DEMAND:
DON’T (A) _____ YOUR CLIENT’S CASE IN THE DEMAND LETTER
IT’S NOT (B) ________ IN A DEMAND LETTER
PROVIDING IT ON YOUR (C) _____ _____ MIGHT GIVE AWAY (D) _____ THE ATTORNEY (E) _____ TO USE AT _____
(A) ARGUE (B) REQUIRED (C) CLIENT'S BEHALF (D) STATEGY (E) INTENDS ; TRIAL
ELEMENTS OF A SUCCESSFUL DEMAND:
PROVIDE (A) _______ TO (B) ______ THE CLAIM
THE CLAIM IS THE (C) _______ FOR THE (D) _______
DOCUMENTATION IS NOT REQUIRED IN A DEMAND LETTER BUT CAN ACT AS A (E) “ ______ ______ THE BOW” MAKING THE OPPOSING PARTY (F) _______ THAT THE MATTER IS SERIOUS AND (G) _________.
(A) DOCUMENTATION (B) ESTABLISH (C) REASON (D) CONTROVERSY (E) SHOT ACROSS (F) AWARE (G) PROVABLE
ELEMENTS OF A SUCCESSFUL DEMAND:
DOCUMENTATION’S ONLY ROLE IS TO (A) ______ THAT THE (B) ______ OCCURED
BE A MINIMALIST.
ONLY PROVIDE ENOUGH TO ESTABLISH THE (C) _____ CLAIM
(A) ESTABLISH
(B) EVENT
(C) BASIC
ELEMENTS OF A SUCCESSFUL DEMAND:
PROVIDE (A) _______ TO ESTABLISH DAMAGES.
** THESE ARE MORE IMPORTANT THAN DOCUMENTS ESTABLISHING THE CLAIM!*
NO (B) _______ WILL BE GRANTED AT (D) TRIAL UNLESS (C) ______ CAN BE ESTABLISHED.
(A) DOCUMENTATION
(B) MONEY
(C) DAMAGES
IF DOCUMENTATION PROVIDED IN A DEMAND LETTER IS CLEAR AND REASONABLE UNDER THE CIRCUMSTANCES, THE OTHER PARTY MAY (A) ______ TO (B) ____ THE DAMAGES (C) _______ THE LAWSUIT.
(A) CHOOSE
(B) PAY
(C) WITHOUT
ELEMENTS OF A SUCCESSFUL DEMAND:
DOCUMENTATION EXAMPLES INCLUDE:
RECEIPTS, (A) _____, BILLS, (B) ______ STATEMENTS , (C) _____ RECORDS
(A) INVOICES
(B) ACCOUNTING
(C) HOSPITAL
UNOFFICIAL REPORTS
PUBLISHED BY PRIVATE PUBLISHERS
THEY CONTAIN THE SAME OPINION
EX: WESTLAW
