Legal Research & Writing Flashcards
7 cards from real ACP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Legal Research & Writing flashcards as text
Which citation format is most commonly required in U.S. federal court filings and legal memoranda?
Answer: The Bluebook
The Bluebook: A Uniform System of Citation is the dominant citation format used in U.S. legal practice and court filings.
When using Westlaw or LexisNexis, a 'negative treatment' flag on a case most likely indicates:
Answer: The case has been overruled, reversed, or criticized
Negative treatment flags (red flags in Westlaw's KeyCite or LexisNexis's Shepard's) warn that a case has been overruled, reversed, distinguished, or criticized by later decisions.
In legal writing, a 'CREAC' structure stands for:
Answer: Claim, Rule, Explanation, Application, Conclusion
CREAC stands for Claim (or Conclusion), Rule, Explanation (of the rule), Application (to the facts), and Conclusion, providing a logical framework for legal analysis.
A secondary source that provides comprehensive analysis of a specific area of law with citations to primary sources is best described as:
Answer: A treatise
A treatise is a scholarly secondary source that provides in-depth analysis of a legal topic and cites to primary authority such as cases and statutes.
When drafting a legal brief, the 'Statement of Facts' section should:
Answer: Present facts in a light most favorable to the client while remaining accurate
The Statement of Facts should present facts accurately and completely, but skilled legal writers frame them in a light favorable to their client without misrepresenting the record.
Which of the following is a primary source of law?
Answer: A federal statute enacted by Congress
Primary sources of law include constitutions, statutes, regulations, and court decisions — sources that themselves constitute the law.
The concept of 'mandatory authority' in legal research means:
Answer: Binding precedent from a higher court within the same jurisdiction
Mandatory (or binding) authority is precedent from a higher court within the same jurisdiction that lower courts must follow under the doctrine of stare decisis.