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Legal Research and Writing in Historical Contexts

Description: This quiz will evaluate your knowledge of Legal Research and Writing in Historical Contexts.
Number of Questions: 14
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Tags: legal research legal writing history of law
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What is the primary purpose of legal research?

  1. To find the law that applies to a particular case

  2. To persuade a judge or jury

  3. To create new laws

  4. To interpret the law


Correct Option: A
Explanation:

The primary purpose of legal research is to find the law that applies to a particular case. This can involve researching statutes, case law, regulations, and other legal sources.

What are the two main types of legal research?

  1. Primary and secondary

  2. Public and private

  3. Civil and criminal

  4. Federal and state


Correct Option: A
Explanation:

The two main types of legal research are primary and secondary. Primary legal research involves researching the original sources of law, such as statutes, case law, and regulations. Secondary legal research involves researching sources that discuss the law, such as law review articles, treatises, and legal encyclopedias.

What is the difference between a statute and a case law?

  1. A statute is created by a legislature, while a case law is created by a court

  2. A statute is binding on all citizens, while a case law is only binding on the parties to the case

  3. A statute is written in plain language, while a case law is written in legalese

  4. A statute is more general, while a case law is more specific


Correct Option: A
Explanation:

A statute is created by a legislature, while a case law is created by a court. Statutes are binding on all citizens, while case laws are only binding on the parties to the case.

What is the doctrine of stare decisis?

  1. The doctrine that requires courts to follow the precedent of higher courts

  2. The doctrine that requires courts to interpret the law in a way that is consistent with the intent of the legislature

  3. The doctrine that requires courts to give deference to the decisions of administrative agencies

  4. The doctrine that requires courts to decide cases based on the facts and circumstances of the case


Correct Option: A
Explanation:

The doctrine of stare decisis is the doctrine that requires courts to follow the precedent of higher courts. This doctrine helps to ensure that the law is applied consistently and fairly.

What is the difference between a legal brief and a legal memorandum?

  1. A legal brief is submitted to a court, while a legal memorandum is submitted to a client

  2. A legal brief is more formal than a legal memorandum

  3. A legal brief is longer than a legal memorandum

  4. A legal brief is more persuasive than a legal memorandum


Correct Option: A
Explanation:

A legal brief is submitted to a court, while a legal memorandum is submitted to a client. Legal briefs are more formal and persuasive than legal memoranda.

What are the four elements of a legal argument?

  1. Issue, rule, analysis, and conclusion

  2. Facts, law, argument, and conclusion

  3. Introduction, body, conclusion, and recommendation

  4. Statement of the case, statement of the facts, argument, and conclusion


Correct Option: A
Explanation:

The four elements of a legal argument are issue, rule, analysis, and conclusion. The issue is the question that is being argued. The rule is the law that applies to the issue. The analysis is the application of the rule to the facts of the case. The conclusion is the final outcome of the argument.

What is the difference between a civil case and a criminal case?

  1. A civil case is a dispute between two or more private parties, while a criminal case is a dispute between the government and an individual

  2. A civil case is more serious than a criminal case

  3. A civil case is decided by a jury, while a criminal case is decided by a judge

  4. A civil case can result in a monetary award, while a criminal case can result in imprisonment


Correct Option: A
Explanation:

A civil case is a dispute between two or more private parties, while a criminal case is a dispute between the government and an individual. Civil cases can result in a monetary award, while criminal cases can result in imprisonment.

What is the difference between a tort and a crime?

  1. A tort is a civil wrong, while a crime is a public wrong

  2. A tort is less serious than a crime

  3. A tort can be intentional or unintentional, while a crime is always intentional

  4. A tort can result in a monetary award, while a crime can result in imprisonment


Correct Option: A
Explanation:

A tort is a civil wrong, while a crime is a public wrong. Torts can be intentional or unintentional, while crimes are always intentional. Torts can result in a monetary award, while crimes can result in imprisonment.

What is the difference between a contract and a tort?

  1. A contract is an agreement between two or more parties, while a tort is a civil wrong

  2. A contract is more serious than a tort

  3. A contract can be written or oral, while a tort is always written

  4. A contract can result in a monetary award, while a tort can result in imprisonment


Correct Option: A
Explanation:

A contract is an agreement between two or more parties, while a tort is a civil wrong. Contracts can be written or oral, while torts are always written. Contracts can result in a monetary award, while torts can result in imprisonment.

What is the difference between a property and a contract?

  1. A property is a physical thing, while a contract is an agreement between two or more parties

  2. A property is more valuable than a contract

  3. A property can be transferred from one person to another, while a contract cannot

  4. A property can be used to secure a loan, while a contract cannot


Correct Option: A
Explanation:

A property is a physical thing, while a contract is an agreement between two or more parties. Properties can be transferred from one person to another, while contracts cannot. Properties can be used to secure a loan, while contracts cannot.

What is the difference between a will and a trust?

  1. A will is a document that distributes a person's property after their death, while a trust is a legal entity that holds property for the benefit of another person

  2. A will is more formal than a trust

  3. A will can be changed at any time, while a trust cannot

  4. A will can result in a tax liability, while a trust can avoid a tax liability


Correct Option: A
Explanation:

A will is a document that distributes a person's property after their death, while a trust is a legal entity that holds property for the benefit of another person. Wills can be changed at any time, while trusts cannot. Wills can result in a tax liability, while trusts can avoid a tax liability.

What is the difference between a corporation and a partnership?

  1. A corporation is a legal entity that is separate from its owners, while a partnership is not

  2. A corporation is more formal than a partnership

  3. A corporation can have more than one owner, while a partnership can only have two owners

  4. A corporation can issue stock, while a partnership cannot


Correct Option: A
Explanation:

A corporation is a legal entity that is separate from its owners, while a partnership is not. Corporations can have more than one owner, while partnerships can only have two owners. Corporations can issue stock, while partnerships cannot.

What is the difference between a limited liability company (LLC) and a corporation?

  1. An LLC is a hybrid business structure that combines the features of a corporation and a partnership

  2. An LLC is more formal than a corporation

  3. An LLC can have more than one owner, while a corporation can only have two owners

  4. An LLC can issue stock, while a corporation cannot


Correct Option: A
Explanation:

An LLC is a hybrid business structure that combines the features of a corporation and a partnership. LLCs can have more than one owner, while corporations can only have two owners. LLCs cannot issue stock, while corporations can.

What is the difference between a sole proprietorship and a partnership?

  1. A sole proprietorship is a business owned by one person, while a partnership is a business owned by two or more people

  2. A sole proprietorship is more formal than a partnership

  3. A sole proprietorship can have employees, while a partnership cannot

  4. A sole proprietorship can issue stock, while a partnership cannot


Correct Option: A
Explanation:

A sole proprietorship is a business owned by one person, while a partnership is a business owned by two or more people. Sole proprietorships can have employees, while partnerships cannot. Sole proprietorships cannot issue stock, while partnerships can.

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