Who Wants to be a Millionaire? By Elaine M. Deering, J.D. (based on readings for Week 1)

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Presentation transcript:

Who Wants to be a Millionaire? By Elaine M. Deering, J.D. (based on readings for Week 1)

$ What are Cases? A. Written decisions of judges B. Laws made by Congress C.Laws made by lawyers D. Published laws

$200 – What Kinds of Cases Are Analyzed in a Case Brief? A.Lower court decisions only B.Appellate and federal district court decisions C.Pending cases (not yet decided) D.Cases that have been decided in the last ten years E. Any cases that would be useful for a client matter or for a class

$400 – Why do legal professionals and students write case briefs? A.Because court rules require it B.To review the main points of a case to help you better understand it C.To store your research for future reference D.To use as a reference in writing a legal memo

$500 – What is the difference between a case brief and a legal brief? A. The case brief is written by a legal professional; the legal brief is written by the judge A.A case brief describes many cases; a legal brief describes one case B.A case brief summarizes one case; a legal brief contains a legal argument based on many cases C.A legal brief is a formal version of a case brief.

$1,000 – When preparing a case brief, how should you proceed? A. Start outlining the case B. Discuss the case with others to make sure you understand C. Write the conclusion while it’s fresh in your mind D. Read it as many times as necessary till you understand it E. Whatever works best for you

$2000 – Which is the best format for writing a case brief? A. Detailed case brief format B. FIRAC C. Varies with instructors or supervising attorneys D. IRAC E. CRAC

$4000 – What does the “A” in FIRAC stand for? A. Attributes B. Appellant C. Attorney D. Analysis

$5000 – What is a “case of first impression?” A.The first case of its kind; no previous precedent on point B.The case was decided impulsively, arbitrarily, and capriciously C.A case in which the decision was in favor of the attorney who spoke first D.A tentative opinion, subject to revision

$ 10,000 – You are working on a case and recall briefing a similar case last year. How should you proceed? A. Retrieve the case brief and re-use it B. Shepardize the case to make sure it’s still good law and then rebrief if necessary C. Don’t use it because it’s been used already D. Use the case brief prepared by Lexis to save time

$20,000 – What is a case brief? A.An outline of a written court opinion B.An overview of a case written by the editorial staff C.A paper detailing an attorney’s arguments in court based on several cases D.Introductory remarks by the judge in the written opinion

$25,000 – What is the focus of a case brief on an appellate opinion? A. The attorney’s arguments on behalf of the client B. Alleged legal errors by the trial judge C. Why the case is no longer good law D. The opinion of the person preparing the brief on whether the case is a good precedent

$50,000 – Using FIRAC, which of the following is included in the Rule section? A. Substantive facts on which the court relied as a basis for its ruling B. A concise statement of the relevant facts and applicable rule before the court C. The legal principle that the court applied in issuing its ruling D. The decision or holding of the case that applies the rule

$100,000 – Using FIRAC, which of the following is included in the Facts section? A. Information regarding the conduct of the parties on which the court relied as a basis for its ruling B. A concise statement of the relevant facts and applicable rule before the court C. The legal principle that the court applied in issuing its ruling D. The decision or holding of the case that applies the rule

$200,000 – How should you use case briefs provided by Lexis and Westlaw? A. To get a quick overview of the case and determine its relevance B. As a draft of your case brief C. Cut and paste with attribution instead of redoing it yourself D. Don’t use them at all, as it is illegal

$400,000 –What is a holding? A. A law of any kind B. Property contained in a client’s estate or portfolio C. A ruling or decision of the court D. An attorney’s strategy in handling a case

$500,000 – Why will the format of case briefs sometimes differ? A. Cases on point require a different style from other cases B. The style you use depends on the style preferred by the law firm or instructor C. Not all cases contain all components of the standard case brief style D. The style of the brief depends on the length of the case

$600,000 – Which set of facts should you include in your case brief? A. All facts in the case B. Only the facts relevant to the issue you are researching C. Only the most interesting facts D. Only the facts that will help your case

$700,000 – When you write your Issues section, which is the best approach? A. Be as detailed as possible B. Include all facts and rules C. Include as many questions as you can, being as creative as possible D. Be succinct, but include any facts and rules applicable to the legal question at hand E. Skim the case to see whether the court defined the issue

$800,000 – What does the word “we” refer to in a court opinion? A. The entire staff of attorneys who worked on the case B. The “royal” we, standing for the court itself C. The parties and people affected by the ruling D. The jury [Hint: When you write the brief, use the third person]

$900,000 – How do you determine the precedential value of a case? A. Unless the facts are identical, the case has no precedential value B. If the cases are similar, you can compare them by analogy C. If the cases are different, you can distinguish the cases D. Look at the length and jurisdiction of the case to determine its value

$1,000,000 – Which is true about plagiarism in writing a case brief? A. Give the full case citation at the beginning of the brief. After that, it’s understood all material comes from the case. B. Give the full case citation at the beginning of the brief and use quotation marks or block style to show direct quotes C. Plagiarism is not an issue in legal materials because all opinions are public documents D. Plagiarism is not an issue in case briefs because the Bluebook, not the APA manual, controls