Chapter 12 Legal Writing

Question 1

A paper copy of what has been prepared on a computer. Also called a printout.

Answer 1

Hard Copy

Question 2

IN word processing, the layout of the page when printed, e.g., the number of lines and margin settings.

Answer 2

Format

Question 3

A formal written document that gives expression to or embodies a legal act or agreement.

Answer 3

Instrument

Question 4

A formal litigation document (e.g., complaint or answer) files by a party that states or responds to claims or defenses of another party.

Answer 4

Pleadings

Question 5

A letter that tell the recipient what physical items are being sent in the envelope or package.

Answer 5

Cover Letter

Question 6

An advocacy letter that asks the recipient to take or refrain from taking specific action affecting the client.

Answer 6

Demand Letter

Question 7

A letter that provides or seeks information

Answer 7

informational letter

Question 8

A letter telling a client what has happened in the case this far and what steps are expected.

Answer 8

Status letter

Question 9

A letter that verifies or confirms that something important has been said or done.

Answer 9

Confirmatory letter

Question 10

A letter to a client explaining the application of law and providing legal advice based on the explanation.

Answer 10

Opinion Letter

Question 11

A written explanation of how the law might apply to the facts of a clients case.

Answer 11

Memorandum of Law

Question 12

A memorandum that objectively analyzes the law; the memo is written for your supervisor or for other individuals in your office

Answer 12

Office Memorandum of Law

Question 13

A measure of the size of printed letters of the alphabet, punctuation marks or other characters.

Answer 13

Points

Question 14

the design or style of printed letters of the alphabet, punctuation marks or other characters.

Answer 14

Font

Question 15

the same text that is printed at the bottom of every chapter

Answer 15

footer

Question 16

the beginning of a memorandum containing its title or name

Answer 16

Caption of Memorandum

Question 17

an overview or thesis paragraph at the beginning of a memorandum of law that tells the reader what issues will be covered and briefly states the conclusions that will be reached.

Answer 17

Roadmap paragraph

Question 18

A writing techniques alerting you to the need for a counter analysis: after writing a SENTENCE THINK carefully about whether the OTHER would take a POSITION that is different from the one you took in the sentence.

Answer 18

STOP

Question 19

1. An attorneys presentation to a trial court of the legal issues and positions of his or her client. Also called trial memorandum.
2. An attorneys personal notes on conducting a trial.

Answer 19

Trial Brief

Question 20

A document submitted (filed) by a party to an appellate court (and served on an opposing party in which arguments are presented on why the appellate court should affirm (approve) reverse, or otherwise modify what a lower court has done.

Answer 20

Appellate Brief

Question 21

A collection of appellate briefs and related documents drafted in prior cases that might be used as models and adapted for current cases.

Answer 21

Brief Bank

Question 22

the party against whom an appeal is brought. Also called respondent.

Answer 22

Appellee

Question 23

the party bringing an appeal because of alleged errors made by a lower tribunal.

Answer 23

Appellant

Question 24

1. An appellate brief of the appellant that responds to the appellate brief of the appellee. 2. Any appellate brief that responds to an opponents appellate brief.

Answer 24

Reply Brief

Question 25

“friend of the court” brief an appellate brief submitted by a nonparty who obtains court permission to file the brief with its views on the case.

Answer 25

Amicus Curie Brief

Question 26

A conclusion that a party wants a court to accept on one of the issues in the case.

Answer 26

Point Heading

Question 27

A statement of the legal issues in an appellate brief that a party wants the appellate court to resolve.

Answer 27

Questions Presented

Question 28

A list of primary authority )e.g., cases and statutes) and secondary authority (e.g., legal periodical articles and legal treatises) that a writer has cited in an appellate brief or other document. The list includes page numbers where each authority is cited in the document.

Answer 28

table of authorities (TOA)

Question 29

the portion of an appellate brief that summarizes the procedural history of the case of date and presents the essential facts of the dispute. It may also state the appellate courts subject matter jurisdiction.

Answer 29

Statement of the Case

Question 30

The use of more words than are needed to express something.

Answer 30

Circumlocution

Question 31

A noun form from a verb or adjective

Answer 31

Nominalization

Question 32

The grammatical verb form in which the subject or thing performing or causing the action is the main focus.

Answer 32

Active Voice

Question 33

The grammatical verb form in which the object of the action is the main focus. The emphasis is on what is being done rather than on who or what is performing or causing the action.

Answer 33

Passive Voice

Question 34

A form of passive voice in which the doer or subject of the action is not mentioned

Answer 34

Truncated Passive