Legal Research & Writing Flashcards

Under ABA Model Rule 3.3, an attorney must disclose legal authority in the controlling jurisdiction that is directly adverse to the client's position when:

Answer: Opposing counsel has not disclosed it

Model Rule 3.3(a)(2) requires disclosure of known directly adverse controlling authority not disclosed by opposing counsel.

By signing a brief under Federal Rule of Civil Procedure 11, an attorney certifies that the legal contentions are:

Answer: Warranted by existing law or by a nonfrivolous argument for changing the law

Rule 11(b)(2) requires legal contentions to be warranted by existing law or a nonfrivolous argument to extend, modify, or reverse it.

A statute lists 'cars, trucks, motorcycles, and other vehicles.' A court holds that 'other vehicles' does not include airplanes. Which canon did it apply?

Answer: Ejusdem generis

Ejusdem generis limits general words following a specific list to items of the same kind.

A statute grants a tax exemption to 'churches and schools.' A hospital claims the exemption. Which canon most directly supports denying it?

Answer: Expressio unius est exclusio alterius

Expressio unius holds that expressly listing certain items implies the exclusion of others.

In statutory interpretation, where does a court ordinarily begin its analysis?

Answer: The plain text of the statute

Courts start with the statutory text, and if it is unambiguous, the inquiry usually ends there.

Under the rule of lenity, a genuinely ambiguous criminal statute is construed:

Answer: In favor of the defendant

The rule of lenity resolves true ambiguity in criminal statutes in favor of the accused.

An attorney files a brief containing case citations generated by an AI tool that turn out to be nonexistent. What is the most likely consequence?

Answer: Sanctions under Rule 11 for failing to make a reasonable inquiry

Courts, as in Mata v. Avianca (S.D.N.Y. 2023), have imposed Rule 11 sanctions for failing to verify AI-generated citations.