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1). What is meant by defining an issue?
2). What does it mean when a case is on point?
3). What does it mean when a case is on “all fours” ?
4.). What is a binding authority?
5). What is a persuasive authority?
6). What is a precedent case?
7). Provide two examples of a persuasive authority.
8). What is the West Key Numbers System?
9). A case citation is made up of five parts, list the five parts to a citation.
10.). When briefing a case what does the acronym (abbreviation) IRAC stand for?
11.) Identify the case name, volume number, reporter abbreviation, page number,
and year of decision for the following case citation:
Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
Case name:
Volume numbers:
Reporter abbreviations:
Page numbers: Year of decision:
12). What is a treatise?
13). Is an Appellate Court a court or original jurisdiction – meaning that it hears case
for the first time?
14). What is the difference between a case on point and a case on “all fours”?
15). What is the definition of a primary source of law?
16). Krystee Connolly, a paralegal in a litigation firm, has finished reading a brief
that the opposing side submitted to the court in support of a motion for summary
judgment. In the brief, she notices a citation to a state supreme court case of which
she is unaware. She is experienced in the field and keeps current with new cases
as they are decided. She wants to look at the case because it gives the other side
a winning edge. She checks in the case digests and state encyclopedias, as well
as on Westlaw. She checks the state supreme court’s website and sees no record
of such a case. She asks the legal assistant for the
opposing counsel to give her a copy of the case. When she does not receive it, she
decides that the case is probably fictional. What should Krystee do?
17). Define the following types of appellate court decisions found in the chapter.
A). Concurring opinion:
B). Dissenting opinion:
C). Majority opinion:
D). Unanimous decision:
18). Barbara is a legal assistant in a very busy litigation practice. One day, she gets
a call from a nervous attorney in her firm thirty minutes before the attorney is to
appear in court. He wants her to do some research before he goes to court. He has
just heard about a case decided two years ago that might help him win, and he
gives her the citation. Because he is in a hurry, he gives her the wrong volume
number. She has a hard time finding the case, but after about fifteen minutes of
searching, she locates the citation. She quickly copies the case and runs to his
office with it so that he can hurry across the street to the court for his appearance.
She is in such a hurry that she forgets to check the subsequent history of the case.
It turns out that the case had been overruled by the state supreme court and was
therefore no longer controlling in the jurisdiction. The attorney is chastised by the
judge for citing it. In fact, the judge is so annoyed with the attorney for making an
argument that is not based on existing law that he denies the attorney’s motion and
makes the attorney pay the other side’s court costs. When the client finds out why
the motion was denied, she is irate. Does the client have any remedy against
theattorney? Against Barbara?
19). Indicate whether the following sources are primary or secondary sources:
a. A case digest.
b. A case in a case reporter.
20). Sleeping Beauty is awakened by a kiss from Prince Charming. She can think
of nothing more repulsive than to be kissed by him. Sleeping Beauty suffers from
nightmares and depression as a result of this incident and contacts a law firm
regarding filing a lawsuit against the prince for the damages— which include
medical expenses—that she has suffered as a result of the kiss. The paralegal is
assigned the task of researching Sleeping Beauty’s case to determine whether
Sleeping Beauty can sue Prince Charming for assault and battery. What would the
paralegal’s research goals be?
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