Lrw: Legal Analysis Introduction
Legal analysis is the art of creating reasoned, logical, legal arguments and applying those arguments to a particular set of facts. Mastering legal analysis is an essential component of being a successful lawyer. This quiz will examine your understanding of the process of legal analysis. Select the best answer for each question. You will have 3 minutes to complete each question and will not be able to go back once you have answered.
- 1.Sound legal analysis will require you to: (select only one)
- A.
Find the facts
- B.
Analyze the facts
- C.
Find the law
- D.
Analyze the law
- E.
Find and analyze the facts and the law
- 2.Typical sources for lawyers collecting important facts include: (select all that apply)
- A.
The client
- B.
Witnesses and experts
- C.
Documents
- D.
Objects and other tangible evidence
- E.
Visiting sites
- 3.The questions you ask to collect facts should concentrate on: (select all that apply)
- A.
Understanding the background
- B.
Understanding the client's story or history
- C.
Helping find relevant law
- D.
Nothing, there is no need to concentrate on certain issues.
- 4.Identify the steps in legal analysis in the proper order:
- A.
Analyze the law, collect the facts, create logical legal arguments.
- B.
Create logical legal arguments, collect the facts, analyze the law.
- C.
Collect the facts, create logical legal arguments, analyze the law.
- D.
Collect the facts, analyze the law, create logical legal arguments.
- E.
None of the above.
- 5.To analyze the law, you must: (select all that apply)
- A.
Identify legal issues
- B.
Find controlling law
- C.
Understand the relationship among the various legal branches
- D.
Apply a variety of legal reasoning techniques to create sound, logical, legal arguments
- 6.True or False: The most pervasive techniques used in creating legal arguments are (1) rules, (2) analogies, and (3) policies.
- A.
True
- B.
False
- 7.Fill in the blank. A legal argument that shows why an interpretation of the law is consistent or inconsistent with the goals of the rule is a(n) _______________ argument.
- A.
Rule-based
- B.
Analogy
- C.
Policy
- 8.Fill in the blank. A legal argument that compares your client's case to a case that has already been decided is a(n) _______________ argument.
- A.
Rule-based
- B.
Analogy
- C.
Policy
- 9.Fill in the blank. A legal argument that examines the elements of a statute or case is a(n) _______________ argument.
- A.
Rule-based
- B.
Analogy
- C.
Policy
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