ACP Legal Research & Writing 2 — Questions and Answers
Question 1: Which citation format is most commonly required in U.S. federal court filings and legal memoranda?
- APA Style
- The Bluebook (Correct answer)
- Chicago Manual of Style
- MLA Handbook
Correct answer: The Bluebook
The Bluebook: A Uniform System of Citation is the dominant citation format used in U.S. legal practice and court filings.
Question 2: When using Westlaw or LexisNexis, a 'negative treatment' flag on a case most likely indicates:
- The case has been affirmed on appeal
- The case has been cited favorably by courts
- The case has been overruled, reversed, or criticized (Correct answer)
- The case is a landmark precedent
Correct 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.
Question 3: In legal writing, a 'CREAC' structure stands for:
- Conclusion, Rule, Evidence, Analysis, Conclusion
- Case, Reasoning, Exception, Application, Conclusion
- Claim, Rule, Explanation, Application, Conclusion (Correct answer)
- Context, Research, Evaluation, Argument, Conclusion
Correct 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.
Question 4: A secondary source that provides comprehensive analysis of a specific area of law with citations to primary sources is best described as:
- A statute
- A treatise (Correct answer)
- A court opinion
- A regulation
Correct 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.
Question 5: When drafting a legal brief, the 'Statement of Facts' section should:
- Include legal arguments to support the client's position
- Present only undisputed facts in a neutral manner
- Omit facts unfavorable to the client
- Present facts in a light most favorable to the client while remaining accurate (Correct answer)
Correct 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.
Question 6: Which of the following is a primary source of law?
- A law review article analyzing contract law
- A legal encyclopedia entry on torts
- A federal statute enacted by Congress (Correct answer)
- A treatise on constitutional law
Correct answer: A federal statute enacted by Congress
Primary sources of law include constitutions, statutes, regulations, and court decisions — sources that themselves constitute the law.
Question 7: The concept of 'mandatory authority' in legal research means:
- Authority from a well-respected treatise that courts frequently cite
- Binding precedent from a higher court within the same jurisdiction (Correct answer)
- Persuasive opinions from courts in other states
- Authority that the researcher believes is highly convincing
Correct 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.
ACP Legal Research & Writing 2
Which citation format is most commonly required in U.S. federal court filings and legal memoranda?