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In the argument section, the counteranalysis always should be followed by a rebuttal.

A) True
B) False

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The cover page includes:


A) Name of the appellate court
B) Number assigned to the appeal
C) Name of the lower court from which the appeal is taken
D) Names and addresses of the attorney submitting the brief
E) All of the above
F) Answers a, c, and d above
G) Answers b and d above

H) All of the above
I) A) and B)

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The fundamental principles that apply to the preparation of office legal memoranda also apply to the preparation of court briefs.

A) True
B) False

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The major difference between a court brief and an office legal memorandum is the presentation of the format and content.

A) True
B) False

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The individual who opposes an appeal is called the appellee.

A) True
B) False

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Court briefs and office legal memoranda are similar in that:


A) Both are written in a persuasive manner
B) The basic writing process is the same
C) The basic format is the same
D) The organizational approach to the legal analysis of an issue is the same
E) All of the above
F) Answers a, b, and c above
G) Answers b, c, and d above

H) C) and F)
I) A) and B)

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The basic organizational format of the analysis of an issue in a court brief is the:


A) Rule of law, followed by the case law, and then the application and conclusion
B) Issue, followed by the rule of law and case law, and then the application and conclusion
C) Issue, followed by the case law and rule of law, and then the application and conclusion
D) The rule of law, followed by the issue and case law, and then the application and conclusion

E) None of the above
F) A) and B)

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The argument section of a trial court brief may include:


A) A summary of the argument
B) A preliminary statement
C) Point headings
D) The legal argument
E) All of the above
F) Answers a, c, and d above
G) Answers a and d above

H) C) and G)
I) A) and B)

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The statement of facts section of a court brief presents the facts unfavorable to the client's position at the end of the statement.

A) True
B) False

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Under Rule 3.3(A) (3)of the Model Rules of Professional Conduct, an attorney has an ethical duty to disclose legal authority that is adverse to the position of the client and is not disclosed by the opposing counsel.

A) True
B) False

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The format and style of an appellate brief is strictly governed by appellate court rules.

A) True
B) False

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In regard to an appellate court brief:


A) Format and style are strictly governed by appellate court rules
B) Unlike a trial court brief, an appellate court brief is not drafted persuasively
C) It is similar to an office legal memorandum in many respects
D) It often includes a jurisdictional statement
E) All of the above
F) Answers a, c, and d above
G) Answers b and d above

H) B) and C)
I) A) and E)

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In regard to the presentation of the issue in a court brief, state the:


A) Law component persuasively
B) Issue component persuasively
C) Fact component objectively
D) Fact component persuasively
E) Answers a, b, and c above
F) Answers a, b, and d above

G) B) and E)
H) D) and E)

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The conclusion section of a trial court brief may be as short as a single sentence.

A) True
B) False

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Trial court briefs:


A) Are usually subject to time constraints
B) Are often subject to a required format governed by local rules
C) Always require a caption
D) Always require a preliminary statement
E) All of the above
F) Answers a, b, and c above
G) Answers b, c, and d above

H) B) and D)
I) A) and B)

Correct Answer

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