Law homework help. LGS1005– Legal Writing and Research
College of Arts and Sciences –Legal Studies
Winter 2020
Quiz I
 
Name_____________________ Date___________________ Grade _____
 
Answer Each Question with either:

1. True
2. False

 

1. When dealing with multiple issues in a client’s case, address each issue separately and completely before proceeding to the next issue.

2. A test to determine if an issue is complete is whether the reader, when reading the issue, knows the specific legal question, the law, and the facts of the dispute.

 

3. A broad statement of an issue includes the law and the specific facts.

 

4. A rule of law prescribes or directs action or forbearance.

 

5. A test to identify a key fact is to ask the question, “If this fact is changed, would the outcome of the application of the law be affected or changed?”

 

6. The identification of the issue determines which direction the research will take.

 

7. Shepard’s Citations are available on both Westlaw and LexisNexis.

 

8. A disadvantage of a natural language search is that a researcher is unable to tailor the search.

 

9. Key facts are the facts that give rise to the legal dispute.

 

10. The most frequently used electronic fee-based databases are Westlaw and LexisNexis

 

11. As technology develops and research is increasingly conducted using electronic resources, it is no longer important to know how to research using print resources.

 

12. A researcher can update a LexisNexis search through the use of LexisNexis’s Shepard’s

 

13. The determination of whether a court opinion is on point is completely governed by the similarity between the facts of the opinion and the facts of the client’s case.

 

14. In the text, background facts are referred to as those facts that are coincidental to the event but are not of significant legal importance in the case.

 

15. Background facts may also be irrelevant facts.

 

16. Law review articles may be authored by law professors or law students.

 

17. Commercial publications, such as the Journal of Taxation, are considered one of the categories of legal periodicals.

 

18. Restatements are available on both Westlaw and LexisNexis.

 

19. A natural language search is often referred to as a Boolean search.

 

20. The outcome of the application of the law to the elements of a cause of action depends on the facts.

 

21. Secondary authority is a source that a court may rely on that is not the law.

 

22. The two most frequently used commercial (fee-based) services are Westlaw and FastCase.

 

23. In Westlaw, if the search query is “bank & robber,” the search is a terms and connectors search.

 

24. Key facts are often referred to as ultimate facts.

 

25. If the issue is misidentified, malpractice may result, because the client is billed for a service not requested.

 

26. “Does State Code § 231 govern garage sales held on private property?” is an example of a question of how the law applies.

 

27. Although secondary authority is persuasive authority, it may not be mandatory authority.

 

28. Most treatises are available on Westlaw and LexisNexis for free.

 

29. The Bluebook was quick to embrace citations of Internet sources.

 

30. Uniform laws are available on Westlaw but not on LexisNexis.

 

31. Because of the ethical obligation to provide the client with competent representation, you must verify the accuracy and determine if any information you obtain from nonfee-based Web sites is up to date.

 

32. Most nonfee-based sites provide a researcher with the ability to update research.

 

33. An issue is composed of three elements.

 

34. The applicable law component of an issue may be a constitutional provision or a common law doctrine.

 

35. The identification of the legal question(s) or issue(s) in a client’s case is a four-step process.

 

36. .ALR annotations include a synthesis of the cases from every jurisdiction that have addressed the issue(s) discussed in the annotation.

 

37. Shepard’s Citations are similar to digests in that they provide a brief summary of all court opinions on a specific topic.

 

38. There are Shepard’s citators for both statutory and case law.

 

39. Shepardizing refers to the process used to determine the current validity of an authority.

 
 
 
 
Multiple Choice

1. With LexisNexis, you can find statutory law with a search by:

	a.	Citation
	b.	Issue
	c.	Topic or Headnote
	d.	Statutory segment
	e.	All of the above.
	f.	Answers a, b, and c

 

2. When searching for court opinions, the researcher must first

	a.	choose the type of search.
	b.	select a database.
	c.	enter search terms.
	d.	filter the terms and connectors.
	e.	All of the above.

 

3. Most treatises have which of the following features?

	a.	A new topic service
	b.	A narrative presentation of the subject matter
	c.	A table of cases
	d.	A table of regulations
	e.	All of the above
	f.	Answers a, b, and c above
	g.	Answers b and c above

4. To obtain the legal meaning of a term used in the law, a researcher should consult:

	a.	Restatements of the Law
	b.	A law review article
	c.	A legal dictionary
	d.	A uniform law

5. Which of the following is a source for citing Restatements?

	a.	Bluebook
	b.	AWLD Guide
	c.	Federal Register
	d.	Congressional Record
	e.	All of the above
	f.	Answers a and b above

 

6. Key facts are often referred to as:

	a.	Material facts
	b.	Primary facts
	c.	Significant facts
	d.	Universal facts
	e.	All of the above
	f.	Answers a, b, and c above
	g.	Answers a and c above

 

7. When several facts, considered together, may determine the outcome of a case, they are referred to as:

	a.	Primary key facts
	b.	Universal key facts
	c.	Groups of facts
	d.	Secondary key facts
	e.	All of the above
	f.	Answers a, b, and c above

8. When a single fact is so significant that if it were changed, the outcome of the case would change, it is referred to as:

	a.	A primary key fact
	b.	A universal key fact
	c.	An individual key fact
	d.	A secondary key fact
	e.	All of the above
	f.	Answers a, b, and c above

 

9. Which technique(s) may be used to locate specific cases in a digest?

	a.	Consult the descriptive word index
	b.	Consult the topic outline
	c.	Consult the table of cases
	d.	If you already know of a case that is related to the issue being researched, refer to the topic and key number of the relevant headnote
	e.	All of the above
	f.	Answers a, b, and c above

10. Which of the following are categories of legal periodicals?

	a.	Legal newsletters
	b.	Law reviews
	c.	Legal association publications
	d.	Legal newspapers
	e.	All of the above
	f.	Answers b and c above

 
 

11. Facts critical to the outcome of the case are referred to as:

	a.	Primary facts
	b.	Key facts
	c.	Universal facts
	d.	Background facts
	e.	All of the above
	f.	Answers a and b above

 

12. Which of the following are best practices to stay focused and conduct efficient and effective research?

	a.	Keep the scope and objective of your research in mind.
	b.	Keep notes.
	c.	Rely solely on non-fee-based resources.
	d.	Click through results of websites.
	e.	All of the above.
	f.	Answers a and b.
	g.	Answers a, b and c.

13. Which of the following comprehensive sites provides general access to legal research sites and allows a researcher to locate related sites based on key words?

	a.	LawFinder
	b.	Findlaw
	c.	LawCrawler
	d.	ResearchMaster
	e.	All of the above
	f.	Answers b and c above
	g.	Answers a, b, and c above

 

14. ______ is a search method that allows you to research by stating the search query using plain English.

	a.	Natural language
	b.	Boolean
	c.	Terms
	d.	Connectors
	e.	All of the above.

 

15. With Westlaw, you can find statutory law in a search by:

	a.	Statutory title.
	b.	Citation.
	c.	Issue.
	d.	Table of contents.
	e.	All of the above.
	f.	Answers a, b, and c above.
	g.	Answers b, c, and d above.

 

16. Law reviews usually include:

	a.	A digest
	b.	Notes and comments
	c.	Book reviews
	d.	A table of statutes
	e.	All of the above
	f.	Answers b, c, and d above
	g.	Answers b and c above

17. A unique feature of Lexis Advance is the ______ tab.

	a.	Citation
	b.	Issue
	c.	Snapshot
	d.	Headnote
	e.	All of the above.
	f.	Answers a, b, and c

18.   Facts are important in a lawsuit because:   a. The determination of how the law applies often depends on the presence of certain facts   b. Facts are an essential element of the issue   c. The outcome of the application of the law depends on the existence or absence of facts   d. The determination of whether a case is on point is completely governed by the facts   e. All of the above   f. Answers a, b, and c above

 

19.  Facts that are coincidental to the event but not of legal significance in the case are referred to as:   a. Key facts   b. Ultimate facts   c. Secondary facts   d. Irrelevant facts   e. All of the above   f. Answers c and d above

 

20. Facts that provide the overall context within which the event occurred are referred to as:   a. Key facts   b. Ultimate facts   c. Secondary facts   d. Background facts   e. All of the above   f. Answers c and d above
21. “Under the provisions of the battery statute, is a battery committed when an individual merely encourages the batterer?” is a question of:   a. When the law applies   b. Which law applies   c. Whether the law applies at all   d. How the law applies   e. All of the above   f. None of the above

 

22. The issue in a client’s case is composed of which of the following parts?   a. Sufficient background facts to identify the context of the dispute   b. Key facts   c. The legal question   d. The applicable law   e. All of the above   f. Answers b, c, and d above

 

23. The law component of an issue may be a:   a. Constitutional provision   b. Statute   c. Ordinance   d. Case law doctrine   e. All of the above   f. Answers a, b, and c above   g. Answers a, b, and d above

 

24. “Does State Statute § 4599 permit the installation of a sidewalk one foot from the curb?” is an example of a:   a. Narrow statement of the issue   b. Question of which law applies   c. Question of when the law applies   d. Broad statement of the issue   e. All of the above   f. Answers a and b above
25. The issue should include:   a. Sufficient background facts to place the key facts in context   b. Key facts   c. Relevant law   d. The legal question   e. All of the above   f. Answers a, b, and c above   g. Answers b, c, and d above

 

26. “Can Mr. Jones recover damages for negligence?” is an example of a:   a. Narrow statement of the issue   b. Complete statement of the issue   c. Broad statement of the issue   d. Comprehensive statement of the issue   e. All of the above   f. Answers a, b, and c above

 

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