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Advanced Legal Research & Writing Skills 2 Flashcards | StudBud
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Advanced Legal Research & Writing Skills 2
Advanced Legal Research & Writing Skills 2
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Answers
1
Motions for Summary Judgment must include all of the following except
Argument
Case Caption with Case Number
Signature Block
Civil Coversheet
2
A motion with an incorporated memorandum of law cannot exceed ___ pages without court permission
40
30
20
10
3
What do you check to make sure a case hasn't been reversed?
Jurisprudence
Shephards/Key Cite
West Headnotes
Statutes
4
Which of the following is a proper example of a citation to a deposition in a SOMF:
(Ex. B, Joe Lopez Deposition)
(Exhibit B, Lopez Dep. 2:35-39)
Ex. B, Lopez Dep. 2:35-39
(Ex. B, Lopez Dep. 2:35-39)
5
When writing a legal argument, you are allowed to cite to a headnote from the case
True
False
6
Statements of Material Facts in the Southern District cannot be more than 10 pages
False
True
7
Per Fed. R. Civ. P. 33:
An interrogatory is never objectionable and must be answered
Only parties may be served with interrogatories
Subparts of questions are not included in the total interrogatories
No more than 30 interrogatories may be propounded
8
11th Cir. R. 56.1(a) is appropriate citation format for the Southern District Local Rules
False
True
9
A Florida Southern District Judge
must
follow the reasoning in a case from a Georgia Southern District Judge
False
True
10
A citation for an unpublished case in the 11th Circuit is found on page 456 in the 123 volume of the relevant reporter
Plaintiff v. Defendant, 123 F. App'x 456 (11th Cir. 1990)
Plaintiff v. Defendant, 123 F. Supp. 456 (11th Cir. 1990)
Plaintiff v. Defendant, 123 F.2d 456 (Fla. 3d DCA 1990)
Plaintiff v. Defendant, 456 Fed. Appx. 123 (11th Cir. 1990)
11
Which reporter citation reflects a cite to an 11th Circuit published opinion
So. 2d
U.S.
F.3d
F. App'x
12
Headers in Motions for Summary Judgment should always be objective
False
True
13
All of the following are true for Motions in the Southern District except:
quotes over 100 words must be block-quoted
Page numbers are required at the bottom center of a page
no less than 1 inch margins may be used
no less than 12 point font may be used
14
Depositions may only be taken of parties, not witnesses, to a case.
False
True
15
When using Id. to refer to a different section of a statute, you must use the section symbol
True
False
16
Which reporter citation reflects a case published in the Southern District
WL
F. Supp. 2d
F. App'x
F. 3d
17
Punctuation goes inside the parentheses (like this.)
True
False
18
Federal Statutes are published in this book that contains additional research material
US Code
Federal Appendix
US Code Annotated
CFR
19
Grammar Time: A decision was finally reached late in the evening.
This is Active Voice
This is Passive Voice
20
Which citation contains a properly formatted explanatory parenthetical following a case citation
(holding the administrative exemption applied to the plaintiff’s position).
(holds the administrative exemption applied to the plaintiff’s position.).
([C]ourt held administrative exemption applied to plaintiff’s position).
[holding the administrative exemption applied to the plaintiff’s position].
21
If you wanted to obtain video of someone dancing in a personal injury case, you would propound a(n):
Interrogatory
Request for Production
Request for Admission
Deposition
22
Which of the following is true for a Motion for Summary Judgment for filing in the Southern District of Florida
The Memorandum of Law in support of the Motion must be incorporated
The Motion must always be accompanied by affidavits
The Motion must be accompanied by a separately filed memorandum of law.
The Statement of Material Facts must be incorporated into the Motion.
23
An objection on the grounds of "unduly burdensome" is most appropriate to a
Request to Produce
Deposition
Request for Admission
Interrogatory
24
In a SOMF for a MSJ, you must include every single fact - material or not.
True
False
25
When you fail to respond to a Request for Admission, the allegations contained therein are
Deemed Admitted
None
Stricken from the Record
Deemed Denied
26
What type of court is this case from?
Bailey v. Talbert
, 585 F.2d 968 (8th Cir. 1989)
US Circuit Court of Appeal
County Court
US District Court
Florida Supreme Court
27
Which is an appropriate use and format of the quote: "The sky is blue."
The court held "the sky is blue..."
The court held "[T]he sky is blue."
The court held "...the sky is blue."
The court held "[t]he sky is blue."
28
Settlement Proposals are confidential
Always True
Always False
True, except when arguing about fees
29
Which Local Rule details the font size and spacing requirements for Summary Judgments in the Southern District
56.1
5.1
26.1
7.1
30
When trying to be persuasive in legal writing, you should strive to reach the page maximum
False
True
31
A case from a US Circuit Court of Appeal would be found in a(n):
Federal Reporter
Regional Reporter
U.S Reporter
Federal Supplement
32
Legal writing should generally be
Active Voice
Passive Voice
Long and winding
Annoying
33
If a party fails to make a disclosure, any other party may move to compel disclosure and for appropriate sanctions
True
False
