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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
  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.