Legal Legal Research & Writing 5

Question 1

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:

Accepted Answer

Opposing counsel has not disclosed it

Answer

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

Question 2

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

Accepted Answer

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

Answer

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

Question 3

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

Accepted Answer

Ejusdem generis

Answer

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

Question 4

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

Accepted Answer

Expressio unius est exclusio alterius

Answer

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

Question 5

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

Accepted Answer

The plain text of the statute

Answer

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

Legal - Attorneys Practice Test

Legal - Attorneys Practice Test

Legal Legal Research & Writing 5