Legal Research & Writing Flashcards

In the CREAC organizational structure for legal analysis, what does the 'E' stand for?

Answer: Explanation of the rule

CREAC stands for Conclusion, Rule, Explanation, Application, Conclusion, with the explanation showing how courts have applied the rule.

What is the primary difference between an objective office memorandum and a persuasive brief?

Answer: A memo predicts the likely outcome candidly, while a brief advocates for the client's position

An office memo objectively predicts how a court will rule, whereas a brief argues for a specific result.

A well-drafted Question Presented in an office memo should ordinarily include:

Answer: The governing law, the legal question, and the legally significant facts

An effective Question Presented combines the applicable law, the precise issue, and key determinative facts.

Which best describes the Brief Answer section of an office memo?

Answer: A short, direct answer to the question with a concise reason

The Brief Answer gives a direct prediction, such as 'Probably yes,' followed by the core reason.

In an appellate brief, every factual assertion in the Statement of the Case should be:

Answer: Supported by citations to the record

Appellate rules such as FRAP 28 require factual statements to be supported by references to the record.

Which is the most effective point heading for a persuasive brief?

Answer: The trial court erred in granting summary judgment because a genuine dispute of material fact exists regarding notice

Persuasive point headings are full-sentence assertions that state the conclusion and the reason.

On appeal, a trial court's interpretation of a statute is typically reviewed under which standard?

Answer: De novo

Questions of law, including statutory interpretation, are reviewed de novo without deference.