1. Which of the following sentences would be the best to include in a memo to the court?
A. “For the reasons stated above, I recommend you rule in favor of the plaintiff.”
B. “You will be committing a miscarriage of justice if you find for the defendant.”
C. “As anyone can see, the defendant is wrong, and should be ashamed of himself for dragging this case into court.”
D. “The court should rule in favor of the plaintiff because the defendant is liable under Stat. ‘ 321(a) and the cases cited.”
2. Which of the following is not a technique you should use in stating facts to advance your position in the
A. Ignore unfavorable facts.
B. De-emphasize negative facts with the passive voice.
C. Organize facts in a way that makes them easy to follow.
D. Emphasize favorable facts by placement.
3. Appellate briefs may require a _________, which states your position in a nutshell.
A. Statement of Position
B. Jurisdictional Statement
C. Analysis of Case
D. Summary of Argument
4. Is there any situation when you may alter the words of the authority you are quoting?
A. No, you must always quote verbatim.
B. You may alter the capitalization and punctuation of the quotation, but must include every word.
C. You may alter the quotation however you want.
D. You may alter the quotation to fit grammatically within the sentence, and to omit unnecessary words.
5. According to the instructions in the unit, which of the following would be the best to use in a court document defending your firm’s client from a charge of embezzling?
A. Mr. Jones made a mistake in moving the funds, but he fully intended that the bank would recoup them, with interest. The statute in question, NY Stat. Ann. ‘ 345.32, is not applicable to this case and should, in any event, be contested in a court of
different jurisdiction as determined by the higher court.
B. Mr. Jones is not guilty of “misappropriation of funds,” as defined in NY Stat. Ann. ‘ 345.32. He did not transfer funds into his own name, as required in the statute. Any mistakes that may have occurred in bookkeeping were entirely inadvertent.
C. During the course of the above captioned funds transfer activities, the aforesaid Jones was unaware of the record keeping requirements; his intent was, contrary to the prosecution’s contention, entirely innocent of the required premeditation of the
D. The charges are clearly and unequivocally irrelevant and immaterial, as NY Stat. Ann. ‘ 345.32 refers not to embezzling but to fiscal fraud. Besides, Mr. Jones did not place the money into his own account; the court has no jurisdiction over the matter.
6. Which of the following sentences is least likely to be misinterpreted?
A. This contract shall be null and void if its completion is unsatisfactory.
B. The contract shall be of no effect should either aforesaid party be unable to fulfill its obligations within a reasonable time.
C. The party of the first part shall remunerate payment within a reasonable amount of time after completion of the contract to the party of the second part, unless the sum is in dispute.
D. If, upon completion of the work contracted, a licensed building inspector finds the materials or workmanship unsatisfactory, this contract will be void and no payment will be made.
7. Local rules regarding format for document filings
A. are the same in all counties of a state.
B. are a guideline rather than a rule.
C. vary from court to court.
D. are pretty much the same all around.
8. Which of the following sentences is grammatically correct?
A. I wrote the memorandum; the attorney signed it.
B. I went to court; and I filed the motion to dismiss.
C. I went to court, I filed the motion to dismiss.
D. I wrote the memorandum and I Shepardized the citations then I sent it to the judge.
9. In writing a memorandum, you should
A. assume the reader is familiar with the case.
B. give a complete citation for all cases used as authority.
C. ignore facts that contradict your side of the case.
D. ignore case law unfavorable to your side of the case.
10. Which of the following sentences is in the passive voice?
A. The defendant rear-ended the plaintiff as he was stopped at a red light.
B. After exchanging insurance information, the plaintiff went to the hospital.
C. Letters were exchanged between the plaintiff and defendant on the subject of the accident.
D. The attorneys for the plaintiff and defendant discussed the accident in the hallway.
11. For an internal memorandum, which of the following should be included?
A. The facts claimed by both sides and case law supporting your side’s position
B. The facts claimed by your side and case law supporting your side’s position
C. The facts claimed by your side, and statutes and case law supporting your side’s position
D. The facts claimed by both sides, and statutes and case law supporting both sides’ positions
12. If the appellate court requires that issues be presented in the form of questions, how should the questions be phrased?
A. As briefly and broadly as possible, leaving details for the discussion in the body of the brief
B. As rhetorical argument, without facts or persuasion
C. Including all relevant details, but impartially
D. Including all important facts, phrased to persuade the reader of your point of view
13. When quoting authority, you should
A. not insult the reader by pointing out how it applies to the case.
B. weave quotes with your argument to back up your position.
C. quote lengthy passages and let them speak for themselves.
D. make the quotes the bulk of your argument.
14. What is a general warranty deed?
A. A deed that simply transfers all rights in the land to the buyer, without representing the seller’s ownership
B. A deed stating that the seller owns the land free and clear, and transfers ownership to the buyer
C. A deed that transfers less than complete ownership in the land to the buyer
D. A deed that provides a warranty on the house for a period of one year
15. Which of the following statements is true?
A. When using a statutory form, you must be sure to include a footnote crediting the author of the form.
B. It’s important to understand the form you’re using, and to know any local rules of court that affect how it’s used.
C. Paralegals often write real estate contracts, deeds, and other simple contracts when their attorneys are busy.
D. When you get a form from a form book, all you need to do is fill it out with the required information—you don’t need to know
what it’s about.
16. How should the table of contents of an appellate brief be put together?
A. Headings and subheadings should appear as they do in the text.
B. An appellate brief doesn’t have a table of contents, only a table of authorities.
C. Headings should appear as they do in the text; subheadings should be omitted.
D. Headings should be shortened to make the table of contents shorter.
17. Imagine you’re writing a memorandum for a judge in a divorce case. The facts are as follows: (a) The
couple has been married for 11 years. (b) They have 2 children, ages 6 and 9. (c) They’ve lived in their
current house for 5 years. (d) The wife worked as an accountant before the marriage, but quit her job
when she became pregnant, and stayed at home to raise the children. (e) The husband is a bank executive.
(f) The husband had an affair with his secretary. (g) The husband is 5 years older than the wife. (h) There
are 15 years left on the mortgage.
The question you’re addressing is whether the wife should get alimony, and if so, how much. Which of the
facts would be important to include?
A. (a), (b), (d), (e), (f)
B. (d), (e), (f), (g)
C. (a), (b), (c), (e), (h)
D. (a), (d), (e)
18. The most important characteristic of legal writing is
A. precision in your choice of words.
B. the use of Latin terms of art.
C. using complex sentences.
D. using several synonyms of important words together.
19. What is a statutory form?
A. A law describing a form that attorneys may choose to rely on in court filings
B. A form mandated by law that must be followed to the letter
C. A form provided by Congress as a rough guide for attorneys to follow
D. A form used as a template by legislatures when writing statutes
20. The part of a will needed to make it effective is the
A. detailed list of the property and who it goes to.
B. appointment of an executor.
C. testamentary intent.
D. inclusion of a trust for the children.