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Describe the checklist for defining the issues to be researched.

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The checklist for defining research issu...

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An opinion in a case that does not create precedent is called a:


A) Memorandum
B) Plurality
C) Majority
D) Minority

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Client Julia comes to your supervising attorney because she was injured when a handrail on the steps outside a grocery store broke while she was holding it, causing her to fall and leading to her suffering serious injuries.You begin looking for cases on point.You should look for cases that involve:


A) A plaintiff being attacked by a dog at a grocery store
B) A plaintiff being injured on a broken step outside a grocery store
C) A plaintiff suffering food poisoning from food purchased at a grocery store
D) A plaintiff suffering injuries from a mugging outside a grocery store

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Paralegal Cynthia has been assigned a research project involving the adoption laws in Michigan, Iowa, and Wisconsin.What is the first step that Cynthia should take in her research project?


A) Research relevant primary sources
B) Define the issue(s) to be researched
C) Determine the goal of the project
D) Consult relevant secondary sources

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B

The system of court reporters that divides the country into geographical regions is called:


A) The state reporter system
B) West's National Reporter System
C) West's Case Reporter System
D) West's key-number system

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B

What is a holding and what are dicta? Why is it important to distinguish between the two?

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When analyzing cases, one should determine which statements of the court are legally binding and which are not.Only the holding (the legal principle to be drawn from the court's decision) is binding.Other views expressed in the opinion are referred to as dicta and are not binding.Dicta is the plural of dictum.As used here, dictum is an abbreviated form of the Latin term obiter dictum, which means "a remark by the way." Dicta are any statements made in a decision that go beyond the facts of the case or that do not directly relate to the facts or to the resolution of the issue being addressed.Dicta include comments used by the court to illustrate an example and statements concerning a rule of law not essential to the case.One can probably assume that statements are dicta if they begin with "If the facts were different" or "If the plaintiff had ..." or some other "if/then" phrase.

The United States Supreme Court case, Roe v.Wade, is located in Volume 410 of the United States Reporter, on page 113.The year of the decision was 1973.Which is the correct citation?


A) Roe v.Wade, 410 U.S.113 (1973)
B) Roe v.Wade, 113 U.S.113
C) Roe v.Wade, 410 U.S.113
D) Roe v.Wade, 113 U.S.410 (1973)
E) None of these choices are correct

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In analyzing a case, what are some guideposts a paralegal might look for and how should he make use of them?

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Often, the judge writing the opinion pro...

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If an appellate court hears a case on appeal, disagrees with the trial court's decision, and returns the case to the trial court, what best describes the appellate court's action?


A) Affirmed the trial court
B) Reversed the trial court
C) Reversed and remanded to the trial court
D) Overruled the trial court

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Dicta is:


A) Legally binding
B) Not legally binding
C) Expressed in a court opinion
D) Legally binding and expressed in a court opinion
E) Not legally binding and expressed in a court opinion

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Briefing a case involves:


A) Summarizing in your notes the important facts and issues in the case, as well as the court's decision, or holding, and the reasoning used by the court
B) Preparing legal advice for your client
C) Making electronic copies of all documents involved in the case
D) Interviewing witnesses from cases on point

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Each section in the Restatements of the Law contains:


A) A statement of the principles of the law that are generally accepted
B) A discussion of the principles of the law
C) Cases as examples
D) All of these choices are correct

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Which of the following is the correct name of a case where Sheila Davis is the defendant and Evelyn Brown is the plaintiff?


A) Evelyn Brown v.Sheila Davis
B) Brown v.Davis
C) Davis v.Brown
D) Sheila Davis v.Evelyn Brown
E) None of these choices are correct

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Which of the following are features of American Jurisprudence?


A) Alphabetical presentation of topics
B) Subtopics describing rules of law
C) Cross-references to specific court cases
D) All of these choices are correct

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The most widely used guide for citing legal sources is:


A) The Bluebook: A Uniform System of Citation
B) The Redbook of Citation
C) The Harvard Law Review Guide to Citation
D) Legal Citation for Dummies

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Describe how to brief a case.Why do legal professionals brief cases?

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A case is briefed by organizing the mate...

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Your case brief should not include which of the following?


A) Full citation for the case
B) The reasons for the lawsuit
C) Your personal opinion of the court's decision
D) The identity of the plaintiff
E) All of these choices are correct

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There are parts to a standard citation for a court decision.


A) Five
B) Seven
C) Three
D) Ten

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In appellate courts, the plaintiff's name:


A) Comes first in the title of the case
B) Comes second in the title of the case
C) Is not included in the title of the case
D) Comes first in the title of the case or comes second in the title of the case

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Dissenting opinions cannot be used as:


A) Sources of law
B) Primary sources
C) Persuasive authorities
D) Sources of law and primary sources

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