Legal Citation and Court System Quiz

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Questions and Answers

What should be included in the first citation of an Act?

Full name of the Act followed by an abbreviation (correct)

Title and the date when it was signed

Abbreviation only

Only the year of enactment

In referencing a statute, what is the correct format for citing a section?

Human Rights Act 1998, s. 6 provides...

The Human Rights Act 1998, section 6 states that...

HRA 1998 s. 6 states that...

The Human Rights Act 1998 s 6 states that... (correct)

What is a notable change in how cases have been cited after 2002?

All cases must include a neutral citation. (correct)

Law reports can be ignored altogether.

Cases are no longer required to be looked up online.

Neutral citations are no longer relevant.

When giving the citation for a criminal court case, which prefix is used?

R (rex/regina) Signup and view all the answers

What should NOT be included when citing sections of an Act?

A full stop after 'ss' Signup and view all the answers

How were cases cited before 2001?

Without neutral citations and relying on law reports Signup and view all the answers

What does 'Re' signify in a case citation?

In reference to Signup and view all the answers

What must be italicized when referencing a case?

The case name Signup and view all the answers

What determines the authoritative weight of a precedent?

The court within the hierarchy that rendered the opinion Signup and view all the answers

Which type of court hears a case for the first time?

Trial court Signup and view all the answers

What is the doctrine of stare decisis?

A doctrine that binds courts to follow previous case decisions in similar circumstances Signup and view all the answers

When can a court depart from the doctrine of stare decisis?

When absolutely necessary for fairness or to reflect contemporary values Signup and view all the answers

What is meant by 'jurisdiction' in a legal context?

The ability of a court to hear a case and the geographic area it covers Signup and view all the answers

Which of the following accurately describes superior courts?

They are courts of last resort with unlimited jurisdiction. Signup and view all the answers

What distinguishes appellate courts from trial courts?

Appellate courts review decisions and have broader jurisdiction. Signup and view all the answers

What is a precedent in legal terms?

A judicial opinion that sets an example for future cases Signup and view all the answers

What is the main legal issue regarding the Noise Act in relation to Elizabeth?

Whether the Noise Act concerns Elizabeth. Signup and view all the answers

Which factor does NOT need to be analyzed when determining if the Noise Act applies to Elizabeth?

The color of her car. Signup and view all the answers

What should be included in the conclusion regarding Elizabeth's case?

The strengths and weaknesses of the client's case. Signup and view all the answers

What is one possible outcome that should be suggested in the final conclusion?

The likely outcome of the case in court. Signup and view all the answers

What is the purpose of transitioning to the next issue in the analysis?

To justify the order of arguments presented. Signup and view all the answers

What is the role of the appellant in a court case?

To contest a decision in a higher court Signup and view all the answers

What is the primary purpose of summarizing the facts/events in chronological order during the analysis?

To establish a clear understanding of the scenario. Signup and view all the answers

Which of the following statements best describes a dissenting judgment?

It is a non-binding opinion that differs from the majority. Signup and view all the answers

In the factual analysis step, what should be determined about disputed facts?

They are critical for identifying the legal problem. Signup and view all the answers

What does 'ratio decidendi' refer to in legal terms?

The legal reasoning behind a judgment Signup and view all the answers

Which of the following correctly describes the IRAC method's components?

Issue, Rule, Application, Conclusion Signup and view all the answers

How does the hierarchy of courts affect the authority of a judgment?

Higher court decisions bind lower courts. Signup and view all the answers

When planning your answer, how should you organize your issues?

In sections with each section titled. Signup and view all the answers

In a procedural history, which element is least likely to be included?

The appellant's arguments Signup and view all the answers

What is the significance of predicting the other party's arguments in the application step?

It helps in strengthening your own arguments. Signup and view all the answers

During the research and legal analysis step, what is essential to identify?

The area of law relevant to the problem. Signup and view all the answers

What does the term 'obiter dicta' refer to?

Comments made by judges that aren't essential to the judgment Signup and view all the answers

Which action is NOT part of the planning step in drafting your answer?

Write a narrative without structure. Signup and view all the answers

What is the significance of determining if a case is being heard for the second time?

It helps assess the importance of the appellate review. Signup and view all the answers

How can a lawyer identify a legal problem in a scenario?

By dissecting the scenario into facts and evidence. Signup and view all the answers

What is the main goal of creating a diagram showing 'who did what to whom'?

To clarify roles and responsibilities. Signup and view all the answers

What should be included in the introduction of legal advice?

A summary of relevant facts in chronological order Signup and view all the answers

Which of the following is an example of the CLEO structure?

Claim -- Law -- Evaluation -- Outcome Signup and view all the answers

What is the purpose of splitting a general legal issue into smaller issues?

To identify specific relevant laws Signup and view all the answers

Which question should you ask yourself when identifying an issue?

Why would they care about this? Signup and view all the answers

In preparing to analyze an issue, what should NOT be included in the title of your issue?

A legal qualification Signup and view all the answers

What should be done in the application section of legal advice?

Apply legal rules to the case facts Signup and view all the answers

Which of these is considered a legal authority that can be used for support?

Academic opinions from journals Signup and view all the answers

What should you avoid when elaborating on the rules in legal writing?

Including irrelevant case studies Signup and view all the answers

Study Notes

Common Law Legal Method

Plan du Cours:
- Primary sources of law in common law systems
- Hierarchy of courts (UK & US)
- Common law, precedent, and stare decisis
- Jurisdiction
- Various types of authority
Objective:
- Understanding how lawyers understand how law works
- Understanding how lawmakers change laws
- Creating credible and persuasive arguments
Lawmakers:
- Courts (judicial body)
- Legislatures (parliament - non-judicial body)
Legal Sources:
- Case law (common law)
- Statutes (legislation - acts of parliament (UK), acts of congress (US))
- These sources are open to interpretation by courts; not fixed.
- Modern law is increasingly enacted, rather than common law-driven.
Common Law:
- Historically, most important source of law in UK/US
- Judges made the law on a case-by-case basis
Law and Morality:
- Law and morality may coincide but not always
- Morality doesn't determine what's legally legitimate
Positivist/Naturalist Approaches:
- Positivist approach: morality irrelevant to law
- Naturalist approach: law is flawed if it lacks ethical considerations
Statutes:
- Enactments of legislative bodies
- Prescribe conduct
- Written legal rules
- Laws are fixed/unmodified unless legislature declares otherwise or court rules unconstitutional
- In the UK, distinction between primary and secondary legislation
Law Reports:
- Printed/digitalized volumes of cases
- Series are in UK and the ICLR started in 1865
- Highest authority regarding legal reports in England
- Other reports include Weekly Law Reports (WLR), All England Law Reports (All ER). Criminal Appeal Reports (CAR), and others via Lexis and Westlaw.
Statutory Interpretation:
- Lawyers interpret statutes to their advantage
Case Citation:
- Before 2001, case citations did not cite neutral citations
- Neutral citation is a method to identify cases after 2002. Includes names of parties separated by “v,” date, court, and the law report series
How to Brief a Case:
- Counsel (legal representatives) for each side are present
- Determining prior judgment to ensure consistency
- Hierarchy of courts dictates authority
- Identifying legal issues (questions)
- Considering claimant/appellant/prosecution
- Legal arguments from different perspectives (ratio decidendi and obiter dicta)
Procedural History and Legal Principles:
- Reviewing legal steps (history)
- Gathering and applying relevant principles
- Using cases to determine court decisions, procedural steps, and legal arguments
Problem Questions & Analysis:
- Complex scenarios
- Applying legal knowledge to determine issues, facts, rules, applications, and conclusions
- Evaluating strengths and weaknesses of the client's case
- Predicting likely court outcomes
Methods for case analysis:
- IRAC method
- Identifying issues, rules, applying and reaching a conclusion

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Description

Test your knowledge of legal citations and the structure of the court system. This quiz covers various aspects of legal referencing, including how to cite statutes and case law, as well as understanding the roles of different courts. Improve your understanding of legal terminology and citation formats.