Flag question: Question 1

In order for a case to be on point, three requirements must be met.

Group of answer choices

True

False

Flag question: Question 2

A court opinion may apply as precedent when:

Group of answer choices

There is a major difference in the key facts of the court opinion and the client's case

There is a minor difference in the key facts of the court opinion and the client's case

The rule or principle applied in the court opinion is the same rule or principle that applies in the client's case

The rule or principle applied in the court opinion is different from the rule or principle that applies in the client's case

All of the above

Answers a, c, and d above

Flag question: Question 3

A court opinion that a court looks to for guidance when reaching a decision but is not bound to follow is referred to as:

Group of answer choices

Mandatory precedent

Persuasive precedent

Stare decisis

On point

All of the above

Flag question: Question 4

A case that is on point should be analyzed to help the attorney determine what course of action to take.

Group of answer choices

True

False

Flag question: Question 5

Stare decisis is:

Group of answer choices

An earlier court decision on an issue that governs or guides a subsequent court in its determination of an identical or similar issue based on identical or similar key facts

A decision from a higher court in a jurisdiction

A decision that a court may look to for guidance when reaching a decision but is not bound to follow

A basic principle of the common law system that requires a court to follow a previous decision of that court or a higher court in the same jurisdiction when the current case involves issues and key facts similar to those involved in the previous decision

All of the above

Flag question: Question 6

It is important to determine if a case is on point because:

Group of answer choices

Statutory law requires case law for interpretation

Cases that are on point need to be found to provide guidance as to how a client's case may be decided

The hierarchy of the law requires the identification of cases on point

Statutory law, standing alone, is not sufficient to answer most legal questions

All of the above

Answers a, b, and c above

Flag question: Question 7

The determination of whether a case is on point must be made before the case may apply as precedent.

Group of answer choices

True

False

Flag question: Question 8

The determination of whether a case is on point is important because of the doctrine of:

Group of answer choices

Res judicata

Precedent

Stare decisis

Finality

All of the above

Answers a, b, and c above

Answers b and c above

Flag question: Question 9

When the key facts of a court opinion and the key facts of the client's case are not similar, the court opinion may still be on point.

Group of answer choices

True

False

Flag question: Question 10

The terms precedent and on point are often used interchangeably.

Group of answer choices

True

False

Flag question: Question 11

Which of the following is a variation that may be encountered when dealing with key facts?

Group of answer choices

Minor difference in key factscase on point

Major difference in key factscase not on point

Major difference in key factscase on point

Major difference in key factscase on point, broad legal principle

All of the above

Answers a, b, and c above

Flag question: Question 12

In order for a case to be on point, the key facts and background facts of the court opinion must be sufficiently similar to the key facts and background facts of the client's case.

Group of answer choices

True

False

Flag question: Question 13

If the rule or principle applied in a court opinion is the same rule or principle that applies in the client's case, the opinion is on point.

Group of answer choices

True

False

Flag question: Question 14

When there is a major difference in the key facts of a court opinion and the key facts of the client's case, the opinion cannot be on point.

Group of answer choices

True

False

Flag question: Question 15

The phrase on all fours is used to describe opinions in which the facts of the opinion and those of the client's case and the rule of law that applies are identical or so similar that the court opinion is clearly on point.

Group of answer choices

True

False

Flag question: Question 16

A ruling of the highest court in state B may be mandatory precedent for the lower courts in state A.

Group of answer choices

True

False

Flag question: Question 17

If the law applied in a court opinion is different from the law that applies to the client's case, the opinion can be:

Group of answer choices

Persuasive precedent

Mandatory precedent

Mandatory precedent only if the key facts are sufficiently similar

Persuasive precedent only if the statutes are part of the same legislative act

All of the above

Flag question: Question 18

A key criterion for a court opinion to be on point is that the key facts and background facts of the opinion are sufficiently similar to the key facts and background facts of the client's case.

Group of answer choices

True

False

Flag question: Question 19

If the law applied in a court opinion is different from that which applies to the client's case, the court opinion cannot be mandatory precedent.

Group of answer choices

True

False

Flag question: Question 20

A court opinion interpreting a case law rule or principle may apply as precedent for a client's case that requires the application of a different common law rule or principle.

Group of answer choices

True

False

Flag question: Question 21

A case is precedent (on point) if there is a sufficient similarity between the key facts and rule of law or legal principle of the court opinion and the matter before the subsequent court.

Group of answer choices

True

False

Flag question: Question 22

Stare decisis is an earlier court decision on an issue that governs or guides a subsequent court in its determination of an identical or similar issue based on identical or similar key facts.

Group of answer choices

True

False

Flag question: Question 23

A court opinion that a court is bound to follow when reaching a decision is referred to as:

Group of answer choices

Mandatory precedent

Persuasive precedent

Stare decisis

Primary authority

All of the above

Answers a, c, and d above

Flag question: Question 24

Persuasive precedent must be followed by the lower courts in the same jurisdiction.

Group of answer choices

True

False

Flag question: Question 25

When the key facts of a court opinion and the key facts of the client's case are not similar, if the substitution of the key facts would not result in changing the outcome of the case, the court opinion can be used as precedent.

Group of answer choices

True

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