(Test Bank) Legal Research, Analysis, and Writing

Putman,Albright, 5

Business

Test Bank

5th Edition

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Test Bank for Legal Research, Analysis, and Writing, The downloadable file consists of 160 pages, and the total size of the file is 2.0 MB. Purchase now only for highly discounted price.

Author(s): Putman, Albright

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CHAPTER 01: INTRODUCTION TO LEGAL PRINCIPLES AND AUTHORITIES Copyright Cengage Learning. Powered by Cognero. Page 1 1. A constitution is not an example of enacted law. a. True b. False ANSWER: False RATIONALE: See "Sources of Law" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM.24.1-1 - Identify the main sources and types of law . OTHER: Bloom's: Remembering 2. Administrative law is usually more specific than statutory law. a. True b. False ANSWER: True RATIONALE: See "Sources of Law" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM.24.1-1 - Identify the main sources and types of law . OTHER: Bloom's: Remembering 3. Decisions of the highest court in a state are examples of common law. a. True b. False ANSWER: True RATIONALE: See "Sources of Law" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM.24.1-1 - Identify the main sources and types of law . OTHER: Bloom's: Remembering 4. The term case law does not encompass a broader range of law than the term common law. a. True b. False ANSWER: False RATIONALE: See "Sources of Law" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM.24.1-1 - Identify the main sources and types of law. OTHER: Bloom's: Remembering (Legal Research, Analysis, and Writing, 5e William Putman, Jennifer Albright) (Test Bank all Chapters)Name: Class: Date: CHAPTER 01: INTRODUCTION TO LEGAL PRINCIPLES AND AUTHORITIES Copyright Cengage Learning. Powered by Cognero. Page 2 5. Personal jurisdiction is the extent of a court’s authority to hear and resolve specific disputes. a. True b. False ANSWER: False RATIONALE: See "Sources of Law" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.1-1 - Identify the main sources and types of law . OTHER: Bloom's: Remembering 6. The United States District Courts are the main trial courts in the federal system. a. True b. False ANSWER: True RATIONALE: See "Sources of Law" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.1-2 - Describe the basic structures of the state and federal court systems . OTHER: Bloom's: Remembering 7. A court of appeals may review new evidence when considering a matter on appeal. a. True b. False ANSWER: False RATIONALE: See "Sources of Law" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.1-2 - Describe the basic structures of the state and federal court systems . OTHER: Bloom's: Remembering 8. The doctrine of stare decisis requires lower courts to follow the decision of a higher court in a jurisdiction in cases involving similar issues and facts. a. True b. False ANSWER: True RATIONALE: See "Sources of Law" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.1-2 - Describe the basic structures of the state and federal court systems . OTHER: Bloom's: Remembering Name: Class: Date: CHAPTER 01: INTRODUCTION TO LEGAL PRINCIPLES AND AUTHORITIES Copyright Cengage Learning. Powered by Cognero. Page 3 9. If times have changed and there is good reason not to follow a prior decision of a higher court, then a lower court may choose not to follow the precedent of a higher court in the same jurisdiction. a. True b. False ANSWER: False RATIONALE: See "Sources of Law" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.1-2 - Describe the basic structures of the state and federal court systems . OTHER: Bloom's: Understanding 10. Because of the doctrines of stare decisis and precedent, courts can be relied on to reach the same decision on an issue as earlier courts did when the cases are sufficiently similar. a. True b. False ANSWER: True RATIONALE: See "Sources of Law" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.1-2 - Describe the basic structure of the state and federal court systems. OTHER: Bloom's: Understanding 11. The United States Supreme Court may declare laws enacted by state legislatures unconstitutional. a. True b. False ANSWER: True RATIONALE: See "Hierarchy of the Law" POINTS: 1 DIFFICULTY: Medium LEARNING OBJECTIVES: LRAW.PUTM. 24.1-3 - Arrange the various sources of law according to the hierarchy of laws . OTHER: Bloom's: Understanding 12. Mandatory authority is a nonlaw source that a court may rely on when reaching a decision. a. True b. False ANSWER: False RATIONALE: See "Authority" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.1-4 - Identify types of legal authority OTHER: Bloom's: Remembering Name: Class: Date: CHAPTER 01: INTRODUCTION TO LEGAL PRINCIPLES AND AUTHORITIES Copyright Cengage Learning. Powered by Cognero. Page 4 13. There is no uniform method for citations. a. True b. False ANSWER: False RATIONALE: See "Introduction to Legal Citation" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.1-4 - Identify types of legal authority OTHER: Bloom's: Remembering 14. The Restatements of Law is restricted to discussion of a single legal topic. a. True b. False ANSWER: False RATIONALE: See "Authority" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.1-4 - Identify types of legal authority . OTHER: Bloom's: Remembering 15. The American Law Reports (ALR) is a series of books that contain the text of selected court opinions, along with scholarly commentaries on the opinions. a. True b. False ANSWER: True RATIONALE: See "Authority" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.1-4 - Identify types of legal authority . OTHER: Bloom's: Remembering 16. Legal dictionaries include definitions of legal terms and commentaries on the definitions. a. True b. False ANSWER: False RATIONALE: See "Authority" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.1-4 - Identify types of legal authority . OTHER: Bloom's: Remembering Name: Class: Date: CHAPTER 01: INTRODUCTION TO LEGAL PRINCIPLES AND AUTHORITIES Copyright Cengage Learning. Powered by Cognero. Page 5 17. Law reviews are usually published by law schools. a. True b. False ANSWER: True RATIONALE: See "Authority" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.1-4 – Identify types of legal authority. OTHER: Bloom's: Remembering 24. Secondary authority cannot be mandatory authority. a. True b. False ANSWER: True RATIONALE: See "Authority" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.1-5 - Assess when and how legal authority applies OTHER: Bloom's: Remembering 19. Not all primary authority is mandatory authority. a. True b. False ANSWER: True RATIONALE: See "Authority" POINTS: 1 DIFFICULTY: Medium LEARNING OBJECTIVES: LRAW.PUTM. 24.1-5 - Assess when and how legal authority applies. OTHER: Bloom's: Understanding 20. For a court opinion to be mandatory authority, it must be on point and it must be written by a higher court in the jurisdiction. a. True b. False ANSWER: True RATIONALE: See "Authority" POINTS: 1 DIFFICULTY: Medium LEARNING OBJECTIVES: LRAW.PUTM. 24.1-5 - Assess when and how legal authority applies. OTHER: Bloom's: Understanding Name: Class: Date: CHAPTER 01: INTRODUCTION TO LEGAL PRINCIPLES AND AUTHORITIES Copyright Cengage Learning. Powered by Cognero. Page 6 21. As used in the text, enacted law includes: a. Regulations adopted by administrative bodies b. Opinions of the United States Supreme Court c. Statutes d. Ordinances e. All of the above f. Answers a, b, and c above g. Answers a, c, and d above ANSWER: g RATIONALE: See "Sources of Law" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.1-1 – Identify the main sources and types of law. OTHER: Bloom's: Remembering 22. Constitutions: a. Define the powers of the government b. Establish the structure of the government c. Define the rights of the people d. All of the above e. Answers a and c above ANSWER: d RATIONALE: See "Sources of Law" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.1-1 – Identify the main sources and types of law. OTHER: Bloom's: Remembering 23. In regard to subject matter jurisdiction, the basic types of courts are courts of: a. Limited jurisdiction b. Personal jurisdiction c. Concurrent jurisdiction d. General jurisdiction e. All of the above f. Answers a, c, and d above g. Answers a and d above ANSWER: g RATIONALE: See "Sources of Law" POINTS: 1 DIFFICULTY: Easy Name: Class: Date: CHAPTER 01: INTRODUCTION TO LEGAL PRINCIPLES AND AUTHORITIES Copyright Cengage Learning. Powered by Cognero. Page 7 LEARNING OBJECTIVES: LRAW.PUTM. 24.1-2 - Describe the basic structure of the state and federal court systems. OTHER: Bloom's: Remembering 24. Which of the following are courts of limited jurisdiction? a. United States Tax Court b. United States District Court c. State small claims court d. All of the above e. Answers a and b above f. Answers a and c above ANSWER: f RATIONALE: See "Sources of Law" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.1-2 – Describe the basic structure of the state and federal court systems. OTHER: Bloom's: Remembering 25. A court of appeals may: a. Hear new testimony b. Retry the case c. Take new evidence d. Review the record of the trial court e. All of the above ANSWER: d RATIONALE: See "Sources of Law" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.1-2 - Describe the basic structure of the state and federal court systems. OTHER: Bloom's: Remembering 26. The basic principle that requires a court to follow a previous decision of a higher court, when the current decision involves issues and facts similar to those involved in the previous decision, is the doctrine of: a. Precedent b. Concurrent jurisdiction c. Subject matter jurisdiction d. Stare decisis e. None of the above ANSWER: d RATIONALE: See "Sources of Law" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.1-2 – Describe the basic structure of the state and federal court systems. OTHER: Bloom's: Understanding Name: Class: Date: CHAPTER 01: INTRODUCTION TO LEGAL PRINCIPLES AND AUTHORITIES Copyright Cengage Learning. Powered by Cognero. Page 8 27. The highest legal authority in a jurisdiction is the: a. Decision of the state supreme court b. Decision of the United States Supreme Court c. Laws of the United States Congress d. Constitution ANSWER: d RATIONALE: See "Hierarchy of the Law" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.1-3 - Arrange the various sources of law according to the hierarchy of laws OTHER: Bloom's: Remembering 28. Primary authority is: a. A nonlaw source that a court may rely on when deciding an issue b. Authority that a court must rely on when deciding an issue c. Authority that a court may rely on when deciding an issue d. The law itself e. Answers a, b, and c above f. Answers a and c above ANSWER: d RATIONALE: See "Authority" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.1-4 - Identify the types of legal authority. OTHER: Bloom's: Remembering 29. Examples of primary authority are: a. American Law Reports b. Ordinances c. Court opinions d. Treatises e. All of the above f. Answers a, b, and c above g. Answers b and c above ANSWER: g RATIONALE: See "Authority" POINTS: 1 DIFFICULTY: Easy Name: Class: Date: CHAPTER 01: INTRODUCTION TO LEGAL PRINCIPLES AND AUTHORITIES Copyright Cengage Learning. Powered by Cognero. Page 9 LEARNING OBJECTIVES: LRAW.PUTM. 24.1-4 - Identify the types of legal authority. OTHER: Bloom's: Remembering 30. Which of the following is used to obtain a summary of the law? a. Restatements of the Law b. A legal encyclopedia c. A law review article d. ALR ANSWER: b RATIONALE: See "Authority" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.1-4 - Identify the types of legal authority. OTHER: Bloom's: Remembering 31. When looking for a review of selected court opinions on specific topics and scholarly commentaries on the opinions which option would be used? a. A legal encyclopedia b. Restatements of the Law c. A treatise d. ALR e. All of the above ANSWER: d RATIONALE: See "Authority" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.1-5 - Assess when and how legal authority applies. OTHER: Bloom's: Remembering 32. When a court in state A looks to a decision of a court in state B when deciding an issue, the decision in state B is: a. Mandatory authority b. Concurrent jurisdiction c. Secondary authority d. Persuasive authority e. None of the above ANSWER: d RATIONALE: See "Authority" POINTS: 1 DIFFICULTY: Medium LEARNING OBJECTIVES: LRAW.PUTM. 24.1-5 - Assess when and how legal authority applies. OTHER: Bloom's: Understanding Name: Class: Date: CHAPTER 01: INTRODUCTION TO LEGAL PRINCIPLES AND AUTHORITIES Copyright Cengage Learning. Powered by Cognero. Page 10 33. When the highest court in state A defines the term malice, all of the courts in state A are bound to follow the highest court’s definition of the term. The state A definition is: a. Primary authority b. Persuasive authority c. Secondary authority d. Mandatory authority e. All of the above f. Answers a and d above g. Answers b and d above ANSWER: f RATIONALE: See "Authority" POINTS: 1 DIFFICULTY: Medium LEARNING OBJECTIVES: LRAW.PUTM. 24.1-5 - Assess when and how legal authority applies. OTHER: Bloom's: Understanding 34. The highest court in state B defines the term malice. The highest court in state A looks to the state B definition when defining the term. The state B definition is: a. Primary authority b. Persuasive authority c. Secondary authority d. Mandatory authority e. All of the above f. Answers a and d above g. Answers a and b above ANSWER: g RATIONALE: See "Authority" POINTS: 1 DIFFICULTY: Medium LEARNING OBJECTIVES: LRAW.PUTM. 24.1-5 – Assess when and how legal authority applies. OTHER: Bloom's: Understanding 35. The highest court in state A decides to adopt the Restatements of the Law definition of malice. Once adopted, the adopted definition is: a. Secondary authority b. Persuasive authority c. Mandatory authority d. All of the above e. Answers a and b above f. Answers a and c above Name: Class: Date: CHAPTER 01: INTRODUCTION TO LEGAL PRINCIPLES AND AUTHORITIES Copyright Cengage Learning. Powered by Cognero. Page 11 ANSWER: c RATIONALE: See "Authority" POINTS: 1 DIFFICULTY: Medium LEARNING OBJECTIVES: LRAW.PUTM. 24.1-5 - Assess when and how legal authority applies. OTHER: Bloom's: Understanding 36. Only the federal government has constitutions. a. True b. False ANSWER: False RATIONALE: See "Sources of Law" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.1-1 - Identify the main sources and types of law . OTHER: Bloom's: Remembering 37. United States district courts resolve disputes relating to the financial conflicts among neighbors. a. True b. False ANSWER: True RATIONALE: See “Sources of Law” POINTS : 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.1-1 - Identify the main sources and types of law. OTHER: Bloom's: Remembering 38. In online sources of law, when a source is available in print, citations should be to the print source. a. True b. False ANSWER: True RATIONALE: See "Introduction to legal citatiion" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.1-1 - Identify the main sources and types of law . OTHER: Bloom's: Remembering 39. In United States under the sources of law, when an evidence is found illegally, it becomes inadmissible. Name: Class: Date: CHAPTER 01: INTRODUCTION TO LEGAL PRINCIPLES AND AUTHORITIES Copyright Cengage Learning. Powered by Cognero. Page 12 a. True b. False ANSWER: True RATIONALE: See "Sources of Law" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.1-1 - Identify the main sources and types of law . OTHER: Bloom's: Remembering Name: Class: Date: CHAPTER 02: INTRODUCTION TO LEGAL RESEARCH AND ANALYSIS Copyright Cengage Learning. Powered by Cognero. Page 1 1. One of the objects of legal analysis is to identify the issue raised by the facts of the client’s case. a. True b. False ANSWER: True RATIONALE: See "Legal Analysis Defined" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.2-1 - Understand the definition of legal analysis. OTHER: Bloom's: Remembering 2. One of the objects of legal analysis is to determine how the law applies to the facts of the client’s case. a. True b. False ANSWER: True RATIONALE: See "Legal Analysis Defined" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.2-1 - Understand the definition of legal analysis. OTHER: Bloom's: Remembering 3. Having standing states the client’s seeking of solution for a legal problem irrespective of whether there is existing legal remedy or not. a. True b. False ANSWER: True RATIONALE: See "Legal Analysis Defined" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.2-1 - Understand the definition of legal analysis. OTHER: Bloom's: Remembering 4. The commonly used approach to legal analysis involves three steps. a. True b. False ANSWER: False RATIONALE: See "Legal Research and the Analysis Process" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.2-2 - Understand legal research and the elements of legal analysis. OTHER: Bloom's: Remembering 5. The acronym used to refer to the analytical process is IRAC. a. True b. False Name: Class: Date: CHAPTER 02: INTRODUCTION TO LEGAL RESEARCH AND ANALYSIS Copyright Cengage Learning. Powered by Cognero. Page 2 ANSWER: True RATIONALE: See "Legal Research and the Analysis Process" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.2-2 - Understand legal research and the elements of legal analysis. OTHER: Bloom's: Remembering 6. A properly stated issue requires the inclusion of the key facts and background facts. a. True b. False ANSWER: False RATIONALE: See "Legal Research and the Analysis Process" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.2-2 - Understand legal research and the elements of legal analysis. OTHER: Bloom's: Remembering 7. The analysis/application step of the IRAC process cannot take place without the key facts. a. True b. False ANSWER: True RATIONALE: See "Legal Research and the Analysis Process" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.2-2 - Understand legal research and the elements of legal analysis. OTHER: Bloom's: Remembering 8. The conclusion step of the analytical process presents the application of the law to the facts of the client’s case. a. True b. False ANSWER: False RATIONALE: See "Legal Research and the Analysis Process" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.2-2 - Understand legal research and the elements of legal analysis. OTHER: Bloom's: Remembering 9. Before the analysis process can begin, it may be necessary to conduct preliminary research in the area of law involved in the case. a. True b. False ANSWER: True RATIONALE: See "Legal Research and the Analysis Process" Name: Class: Date: CHAPTER 02: INTRODUCTION TO LEGAL RESEARCH AND ANALYSIS Copyright Cengage Learning. Powered by Cognero. Page 3 POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.2-3 - Understand how the elements of legal analysis apply in specific situations. OTHER: Bloom's: Remembering 10. Identification of the law governing the dispute is the first step of the analytical process. a. True b. False ANSWER: False RATIONALE: See "Legal Research and the Analysis Process" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.2-3 - Understand how the elements of legal analysis apply in specific situations. OTHER: Bloom's: Remembering 11. The identification of the rule of law is probably the most important step in the analytical process. a. True b. False ANSWER: False RATIONALE: See "Legal Research and the Analysis Process" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.2-3 - Understand how the elements of legal analysis apply in specific situations. OTHER: Bloom's: Remembering 12. When researching the law in a case that involves several issues, it is most efficient to research the law for all the issues at the same time. a. True b. False ANSWER: False RATIONALE: See "Legal Research and the Analysis Process" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.2-3 - Understand how the elements of legal analysis apply in specific situations. OTHER: Bloom's: Remembering 13. Step 2 of the analytical process is usually composed of two parts. a. True b. False ANSWER: False Name: Class: Date: CHAPTER 02: INTRODUCTION TO LEGAL RESEARCH AND ANALYSIS Copyright Cengage Learning. Powered by Cognero. Page 4 RATIONALE: See "Legal Research and the Analysis Process" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.2-3 - Understand how the elements of legal analysis apply in specific situations. OTHER: Bloom's: Remembering 14. The law that governs the issue(s) in a client’s case may be either enacted law or case law. a. True b. False ANSWER: True RATIONALE: See "Legal Research and the Analysis Process" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.2-3 - Understand how the elements of legal analysis apply in specific situations. OTHER: Bloom's: Remembering 15. When researching primary authority, the first step is to look for the case that is factually similar to the client’s case. a. True b. False ANSWER: False RATIONALE: See "Legal Research and the Analysis Process" POINTS: 1 DIFFICULTY: Medium LEARNING OBJECTIVES: LRAW.PUTM. 24.2-3 - Understand how the elements of legal analysis apply in specific situations. OTHER: Bloom's: Understanding 16. If there is no constitutional or statutory law that applies to an issue in a client’s case, the next step is to look to secondary authority. a. True b. False ANSWER: False RATIONALE: See "Legal Research and the Analysis Process" POINTS: 1 DIFFICULTY: Medium LEARNING OBJECTIVES: LRAW.PUTM. 24.2-3 - Understand how the elements of legal analysis apply in specific situations. OTHER: Bloom's: Understanding 17. Step 3 of the analytical process requires the identification of the elements of the law governing the issue. a. True b. False Name: Class: Date: CHAPTER 02: INTRODUCTION TO LEGAL RESEARCH AND ANALYSIS Copyright Cengage Learning. Powered by Cognero. Page 5 ANSWER: True RATIONALE: See "Legal Research and the Analysis Process" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.2-3 - Understand how the elements of legal analysis apply in specific situations. OTHER: Bloom's: Remembering 18. Counter analysis is part of Step 3 of the analytical process. a. True b. False ANSWER: True RATIONALE: See "Legal Research and the Analysis Process" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.2-3 - Understand how the elements of legal analysis apply in specific situations. OTHER: Bloom's: Remembering 19. Step 4 of the analytical process includes the identification of additional facts or other information that may be necessary as a result of questions raised in the analysis of the problem. a. True b. False ANSWER: True RATIONALE: See "Legal Research and the Analysis Process" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.2-3 - Understand how the elements of legal analysis apply in specific situations. OTHER: Bloom's: Remembering 20. Focus, as discussed in this chapter, applies to the first three steps of the IRAC process. a. True b. False ANSWER: True RATIONALE: See "General Considerations" POINTS: 1 DIFFICULTY: Medium LEARNING OBJECTIVES: LRAW.PUTM. 24.2-4 - Understand the importance of focus and intellectual honesty. OTHER: Bloom's: Understanding 21. Rule 1.4 of the American Bar Association’s Model Rules of Professional Conduct provides that a client must be represented competently. a. True Name: Class: Date: CHAPTER 02: INTRODUCTION TO LEGAL RESEARCH AND ANALYSIS Copyright Cengage Learning. Powered by Cognero. Page 6 b. False ANSWER: False RATIONALE: See "General Considerations" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.2-4 - Understand the importance of focus and intellectual honesty. OTHER: Bloom's: Remembering 22. The object of legal analysis and legal research is to determine: a. The legal issue(s) raised by the facts b. What law governs the legal issue(s) c. How the law applies to the facts d. What legal remedy is available e. All of the above f. Answers a, b, and c above ANSWER: e RATIONALE: See "Introduction" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.2-1 - Understand the definition of legal analysis. OTHER: Bloom's: Remembering 23. Before legal analysis can begin, the preliminary preparation that must take place includes: a. Identification of the issue b. Gathering of the relevant facts c. Acquisition of a basic familiarity with the area of law involved in the case d. Identification of the legal remedy e. All of the above f. Answers a and b above g. Answers b and c above ANSWER: f RATIONALE: See "Legal Analysis Defined" POINTS: 1 DIFFICULTY: Medium LEARNING OBJECTIVES: LRAW.PUTM. 24.2-1 - Understand the definition of legal analysis. OTHER: Bloom's: Understanding 24. The preliminary process of gathering the facts includes: a. Gathering all the relevant facts b. Organizing the facts c. Weighing the facts d. Identifying the key facts e. All of the above Name: Class: Date: CHAPTER 02: INTRODUCTION TO LEGAL RESEARCH AND ANALYSIS Copyright Cengage Learning. Powered by Cognero. Page 7 f. Answers a, b, and c above ANSWER: e RATIONALE: See "Legal Research and the Analysis Process" POINTS: 1 DIFFICULTY: Medium LEARNING OBJECTIVES: LRAW.PUTM. 24.2-2 - Understand legal research and the elements of legal analysis. OTHER: Bloom's: Understanding 25. The legal research component of the legal analysis process is composed of the following parts: a. Becoming familiar with the general area of law b. Locating the law that governs the question c. Determining how the law applies to the facts d. Locating the law that interprets how the general law applies e. All of the above f. Answers b, c, and d above g. Answers b and d above ANSWER: f RATIONALE: See "Legal Research and the Analysis Process" POINTS: 1 DIFFICULTY: Medium LEARNING OBJECTIVES: LRAW.PUTM. 24.2-2 - Understand legal research and the elements of legal analysis. OTHER: Bloom's: Understanding 26. The law that applies to the issue(s) raised in a client’s case may be: a. An ordinance b. A constitutional provision c. A statute d. A regulation e. All of the above f. Answers a, b, and d above ANSWER: e RATIONALE: See "Legal Research and the Analysis Process" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.2-3 - Understand how the elements of legal analysis apply in specific situations. OTHER: Bloom's: Remembering 27. The reason(s) for locating constitutional or statutory law first when researching primary authority is (are) that: a. The constitutional or statutory provision may answer the question, and reference to other law is not required b. The court opinion interpreting the law may be included with the constitutional or statutory provision c. The annotations that follow the constitutional or statutory provision may refer to case law that interprets the law Name: Class: Date: CHAPTER 02: INTRODUCTION TO LEGAL RESEARCH AND ANALYSIS Copyright Cengage Learning. Powered by Cognero. Page 8 d. All of the above e. Answers a and b above f. Answers a and c above ANSWER: f RATIONALE: See "Legal Research and the Analysis Process" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.2-3 - Understand how the elements of legal analysis apply in specific situations. OTHER: Bloom's: Remembering 28. Which of the following are parts of Step 3 of the IRAC process? a. Identification of the issue b. Identification of the rule of law that governs the issue c. Identification of the elements of the rule of law d. A summary of the law that applies e. All of the above f. None of the above ANSWER: c RATIONALE: See "Legal Research and the Analysis Process" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.2-3 - Understand how the elements of legal analysis apply in specific situations. OTHER: Bloom's: Remembering 29. Which of the following are parts of Step 3 of the IRAC process? a. Identification of the component parts of the rule of law b. Application of the facts of the client’s case to the component parts c. Consideration of the possible counterarguments to the analysis of the issue d. All of the above e. Answers a and b above ANSWER: d RATIONALE: See "Legal Research and the Analysis Process" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.2-3 - Understand how the elements of legal analysis apply in specific situations. OTHER: Bloom's: Remembering 30. Step 4 of the analytical process may include: a. A discussion of how a court may rule on the issue(s) b. Identification of additional facts that may be necessary Name: Class: Date: CHAPTER 02: INTRODUCTION TO LEGAL RESEARCH AND ANALYSIS Copyright Cengage Learning. Powered by Cognero. Page 9 c. Identification of further research that may be necessary d. Identification of related issues or concerns e. All of the above f. Answers a, b, and c above ANSWER: e RATIONALE: See "Legal Research and the Analysis Process" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.2-3 - Understand how the elements of legal analysis apply in specific situations. OTHER: Bloom's: Remembering 31. As discussed in this chapter, the term focus : a. Means to analyze only the issue(s) assigned b. Does not apply to Step 3 of the analytical process c. Means to concentrate on the client’s facts and issue(s) being analyzed d. Does not apply to Step 2 of the analytical process e. Answers a, b, and c above f. Answers a and c above ANSWER: f RATIONALE: See "General Considerations" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.2-4 - Understand the importance of focus and intellectual honesty. OTHER: Bloom's: Remembering 32. Intellectual honesty includes a. an assumption of the law. b. researching and analyzing a problem objectively. c. preconceived notions and personal views. d. analyzing and applying the rule of law. ANSWER: b RATIONALE: See "General Considerations" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.2-4 - Understand the importance of focus and intellectual honesty. OTHER: Bloom's: Remembering 33. In which of the following situations would you stop researching? a. If the search produces no results. b. If the search produces several sources. c. Both a and b. d. Neither a or b. Name: Class: Date: CHAPTER 02: INTRODUCTION TO LEGAL RESEARCH AND ANALYSIS Copyright Cengage Learning. Powered by Cognero. Page 10 ANSWER: d RATIONALE: See "General Considerations" POINTS: 1 DIFFICULTY: Medium LEARNING OBJECTIVES: LRAW.PUTM. 24.2-4 - Understand the importance of focus and intellectual honesty. OTHER: Bloom's: Understanding 34. If the primary authority answers the question, then a. stop researching as there is no need to look further. b. confirm the research with a secondary source. c. confirm the results by finding a second primary authority. d. check for other cases that may analyze the issue differently. ANSWER: a RATIONALE: See "General Considerations" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.2-4 - Understand the importance of focus and intellectual honesty. OTHER: Bloom's: Remembering 35. When is a secondary authority not needed? a. If there is a mandatory authority case. b. If there is a recent decision that is on point. c. If the primary authority clearly provides the answer to the issue. d. If there is no primary authority. e. Answers a and c. f. Answers a, b, and c. ANSWER: a RATIONALE: See "General Considerations" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.2-4 - Understand the importance of focus and intellectual honesty. OTHER: Bloom's: Remembering 36. Which of the following additional factors govern when to stop researching? a. There is a lack of primary authority. b. There are several secondary authority sources. c. The claim is small. d. The length of time is short and the amount of money is small. Name: Class: Date: CHAPTER 02: INTRODUCTION TO LEGAL RESEARCH AND ANALYSIS Copyright Cengage Learning. Powered by Cognero. Page 11 ANSWER: d RATIONALE: See "General Considerations" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.2-4 - Understand the importance of focus and intellectual honesty. OTHER: Bloom's: Remembering Name: Class: Date: CHAPTER 03: CONSTITUTIONS, STATUTES, ADMINISTRATIVE LAW, AND COURT RULES—RESEARCH AND ANALYSIS Copyright Cengage Learning. Powered by Cognero. Page 1 1. Laws passed by Congress is commonly referred to as statutory law rather than by common law. a. True b. False ANSWER: True RATIONALE: See "Introduction" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.3-1 - Understand the meaning of statutory law. OTHER: Bloom's: Remembering 2. All statutes have a definitions section that defines key terms used in the statute. a. True b. False ANSWER: False RATIONALE: See "Anatomy of a Statute" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.3-2 - Understand the components of a statute. OTHER: Bloom's: Remembering 3. The scope section includes the short title and what is specifically covered in the statute. a. True b. False ANSWER: False RATIONALE: See "Anatomy of a Statute" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.3-2 - Understand the components of a statute. OTHER: Bloom's: Remembering 4. Some statutes provide that the statute is cumulative to the common law. a. True b. False ANSWER: False RATIONALE: See "Anatomy of a Statute" POINTS: 1 DIFFICULTY: Medium LEARNING OBJECTIVES: LRAW.PUTM. 24.3-2 - Understand the components of a statute. OTHER: Bloom's: Understanding Name: Class: Date: CHAPTER 03: CONSTITUTIONS, STATUTES, ADMINISTRATIVE LAW, AND COURT RULES—RESEARCH AND ANALYSIS Copyright Cengage Learning. Powered by Cognero. Page 2 5. Annotations often include cross -references to other statutes. a. True b. False ANSWER: True RATIONALE: See "Anatomy of a Statute" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.3-2 - Understand the components of a statute. OTHER: Bloom's: Remembering 6. Slip laws are published by the United States Code Congressional and Administrative News Service. a. True b. False ANSWER: False RATIONALE: See "Statutory Research -Locating Statutes" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.3-3 - Understand how to find constitutional, statutory, and administrative law and court rules. OTHER: Bloom's: Remembering 7. The United States Code Annotated is the official code of the laws of the United States. a. True b. False ANSWER: False RATIONALE: See "Statutory Research -Locating Statutes" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.3-3 - Understand how to find constitutional, statutory, and administrative law and court rules. OTHER: Bloom's: Remembering 8. The United States Code is annotated. a. True b. False ANSWER: False RATIONALE: See "Statutory Research -Locating Statutes" POINTS: 1 DIFFICULTY: Easy LEARNING OBJECTIVES: LRAW.PUTM. 24.3-3 - Understand how to find constitutional, statutory, and administrative law and court rules. OTHER: Bloom's: Remembering