technical writing law final quiz

what are the 5 types of legal writing

case brief, legal memo, pleadings and motions, client opinion letter, appellant brief

case brief

summary of a courts decision, stating the court opinion

lego memo

a document that identifies an issue, answer the issue, analyze the facts and the law to make a recommendation

pleadings and motions

a document filed by the lawyer asking the court to do something

pleading

file to get a case into the court

what are the two types of pleads and who files them

complaint- plaintiff

answer- defendent

motions

after getting into court, ask the court to move or do something

cilent opinion letter

a letter to the client that identifies your clients problem, answers the problem, and make the recommendation for the client

appellant brief

document files on appeal by the appellant attorney and its responded to by the apallee attorney

• loser said the lower court made a mistake

  • winner said the court made no mistake with the case

what are the parts of a legal memo

heading, issue, conclusion, facts, discussion, concusion

parts of a case brief

issue, facts, judges rational, holding

what are the types of legal authority

mandatory and persuasive

mandatory authority

binding authority of the case and jurisdiction where you are presenting the case

persuasive authority

non-binding authority on the jurisdiction where you are presenting your case

where are places you can began your legal research

legal digest, words and phrases, law review articles, corpus juris, US reporter, West Law, Lexus Nexus, find law

what are the 3 forms of legal discovery

interrotory, production of documents, request for admissions

interrogatory

ask questions

production of documents

request to produce documents

request for admissions

both parties agree about the facts to help their sides

deposition

ask witnesses about what happened, they swear to tell the trith and it is recorded

how to cite a case

plaintiffs last name vs. defendants last name, volume of the reporter name of the reporter page number (year)

• ex: Lee vs Lake, 516 U.S 719 (1999)

how many circuits are there

13 (11 named and 2 other- federal and DC)

what are the types of courts

trail, appeals, supreme

• both state and federal

what should you not put in a client opinion letter

dont add things you cannot pull through

what are the three primary sources of laws

consitution, case law, statutes

what are the parts of an appellate brief

title page, table of contents, tables of authorities, questions presented, statement of jursidction, constitutional/ statutory provisions, statement of the case, summary of argument, argument, conclusion