Test Bank For Legal Research and Writing for Paralegals 9th
Edition By Deborah E. Bouchoux
Legal analysis - ANSWER:The application of one or more rules to the facts of a client's
case in order to answer a legal question that will help (1) avoid a legal dispute, (2)
resolve a legal dispute that has arisen, or (3) prevent a legal dispute from becoming
worse.
Primary authority - ANSWER:A law written by one of the three branches of
government.
Secondary authority - ANSWER:A nonlaw (e.g., a legal periodical article) that
summarizes, describes or explains the law but is not a law itself.
Common law - ANSWER:Judge-made law in the absence of controlling statutory law
or other higher law. Law derived from court opinions.
Element - ANSWER:A portion of a rule that is a precondition of The applicability of
the entire rule.
Memorandum of law - ANSWER:A written explanation of how one or more rules
might apply to the facts of a client's case. The memorandum is organized by issues,
which are based on elements of rules that are in contention.
Issue - ANSWER:1. A question to be resolved; 2. A question of law. A dispute over
what the law is, what the law means, or how the law applies to the facts. Also called
Legal issue, issue of law. 3. A question of fact. A dispute over the existence or
nonexistence of the alleged facts. Also called factual issue, issue of fact, question of
fact.
Legal issue - ANSWER:A question of law; a question of what the law is, what the law
means, or how the law applies to specific facts. Also called issue, issue of law.
Verdict - ANSWER:The jury's finding or decision on the factual issues placed before it.
Judgment - ANSWER:The final conclusion of a court that resolves a legal dispute by
declaring the rights and obligations of the parties or that specifies what further
proceedings are needed to resolve it.
Bench trial - ANSWER:A trial before a judge without a jury. Also called a nonjury trial.
Element in contention - ANSWER:The portion of a rule about which the parties
cannot agree. The disagreement may be over the definition of the element, whether
the facts fit within the elements, or both.
, Wholesale - ANSWER:The purchase of goods in large quantities that will be related to
consumers by others.
Legislative history - ANSWER:Hearings, debates, amendments, committee reports,
and all other events that occur in the legislature before a bill is enacted into a
statute. Also part of the history are later changes, if any, made by the legislature to
the statute.
Factor - ANSWER:1. One of the circumstances or considerations that will be weighed
in making a decision. 2. One of the circumstances or considerations that will be
weighed in deciding whether an element applies.
Dispositive - ANSWER:Pertaining to something that is essential to a decision;
pertaining to a deciding factor or consideration.
Memorandum - ANSWER:1. A short note. 2. A written record of a transaction. The
plural of memorandum is memoranda.
Memorandum of law - ANSWER:A written explanation of how one or more rules
might apply to the facts of a client's case. Also called memo, legal memorandum.
IRAC - ANSWER:An acronym that stands for the components of legal analysis: issue
(I), rule (R), application of the rule to the facts (A), and conclusion (C). IRAC provides
a structure for legal analysis.
IFRAC - ANSWER:An acronym that stands for the components of legal analysis;
issue(I), facts(F), rule(R), application of the rule to the facts (A), and conclusion (C).
IFRAC provides a structure for legal analysis.
Docket number - ANSWER:A consecutive number assigned to a case by the court and
used on all documents filed with the court during the litigation of that case.
RE - ANSWER:Regarding, concerning; in the matter of.
Roadmap paragraph - ANSWER:An overview, introductory, or thesis paragraph at the
beginning of a memorandum of law that tells the reader what issues will be covered
and briefly states the conclusions that will be reached.
Counter analysis - ANSWER:Arguments that support a different result or conclusion;
counterarguments.
STOP - ANSWER:A writing technique alerting you to the need for a counter analysis:
after writing a Sentence that contains facts or analysis, Think carefully about
whether the Other side would take a Position that is different from the one you took
in the sentence.
Edition By Deborah E. Bouchoux
Legal analysis - ANSWER:The application of one or more rules to the facts of a client's
case in order to answer a legal question that will help (1) avoid a legal dispute, (2)
resolve a legal dispute that has arisen, or (3) prevent a legal dispute from becoming
worse.
Primary authority - ANSWER:A law written by one of the three branches of
government.
Secondary authority - ANSWER:A nonlaw (e.g., a legal periodical article) that
summarizes, describes or explains the law but is not a law itself.
Common law - ANSWER:Judge-made law in the absence of controlling statutory law
or other higher law. Law derived from court opinions.
Element - ANSWER:A portion of a rule that is a precondition of The applicability of
the entire rule.
Memorandum of law - ANSWER:A written explanation of how one or more rules
might apply to the facts of a client's case. The memorandum is organized by issues,
which are based on elements of rules that are in contention.
Issue - ANSWER:1. A question to be resolved; 2. A question of law. A dispute over
what the law is, what the law means, or how the law applies to the facts. Also called
Legal issue, issue of law. 3. A question of fact. A dispute over the existence or
nonexistence of the alleged facts. Also called factual issue, issue of fact, question of
fact.
Legal issue - ANSWER:A question of law; a question of what the law is, what the law
means, or how the law applies to specific facts. Also called issue, issue of law.
Verdict - ANSWER:The jury's finding or decision on the factual issues placed before it.
Judgment - ANSWER:The final conclusion of a court that resolves a legal dispute by
declaring the rights and obligations of the parties or that specifies what further
proceedings are needed to resolve it.
Bench trial - ANSWER:A trial before a judge without a jury. Also called a nonjury trial.
Element in contention - ANSWER:The portion of a rule about which the parties
cannot agree. The disagreement may be over the definition of the element, whether
the facts fit within the elements, or both.
, Wholesale - ANSWER:The purchase of goods in large quantities that will be related to
consumers by others.
Legislative history - ANSWER:Hearings, debates, amendments, committee reports,
and all other events that occur in the legislature before a bill is enacted into a
statute. Also part of the history are later changes, if any, made by the legislature to
the statute.
Factor - ANSWER:1. One of the circumstances or considerations that will be weighed
in making a decision. 2. One of the circumstances or considerations that will be
weighed in deciding whether an element applies.
Dispositive - ANSWER:Pertaining to something that is essential to a decision;
pertaining to a deciding factor or consideration.
Memorandum - ANSWER:1. A short note. 2. A written record of a transaction. The
plural of memorandum is memoranda.
Memorandum of law - ANSWER:A written explanation of how one or more rules
might apply to the facts of a client's case. Also called memo, legal memorandum.
IRAC - ANSWER:An acronym that stands for the components of legal analysis: issue
(I), rule (R), application of the rule to the facts (A), and conclusion (C). IRAC provides
a structure for legal analysis.
IFRAC - ANSWER:An acronym that stands for the components of legal analysis;
issue(I), facts(F), rule(R), application of the rule to the facts (A), and conclusion (C).
IFRAC provides a structure for legal analysis.
Docket number - ANSWER:A consecutive number assigned to a case by the court and
used on all documents filed with the court during the litigation of that case.
RE - ANSWER:Regarding, concerning; in the matter of.
Roadmap paragraph - ANSWER:An overview, introductory, or thesis paragraph at the
beginning of a memorandum of law that tells the reader what issues will be covered
and briefly states the conclusions that will be reached.
Counter analysis - ANSWER:Arguments that support a different result or conclusion;
counterarguments.
STOP - ANSWER:A writing technique alerting you to the need for a counter analysis:
after writing a Sentence that contains facts or analysis, Think carefully about
whether the Other side would take a Position that is different from the one you took
in the sentence.
