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LR&W 2024 Chs. 11, 12, 13

Across
The narrow, comprehensive statement of the issue should be complete, ___, and written clearly.
The most effective formulation of the issue is a comprehensive, or ___, statement. In one sentence, the specific law, legal question, and key facts are presented.
A case is ______ if the similarity between the key facts and the rule of law or legal principle of the court opinion and those of the client's case is sufficient for the court opinion to govern or provide guidance to a later court in deciding the outcome of the client's case.
Rule 3.3(a)(1) of the Model Rules of ___ Conduct provides that a lawyer should not make false statements of law or fact to a tribunal. Broadly interpreted, this means that matters should not be presented in a manner that may mislead the court.
____ is the principle that dictates that a court must follow a previous decision of that court or a higher court when the current decision involves the same key facts and issues.
Seven ways to challenge an argument based on an ___ law are as follows: 1. The elements of the statute are not met. 2. The statute is sufficiently broad to permit a construction or application different from that urged by the opposition. 3. The statute has been misconstrued or does not apply. 4. The statute relied upon as a guide to interpret another statute does not apply and therefore cannot be used as a guide in interpreting the other statute. 5. The statute relied on has not been adopted in your jurisdiction. 6. The interpretation of the statute urged by the opposition is unconstitutional or violates another legislative act. 7. The statute relied on is unconstitutional.
___ is the process of discovering and considering the counterargument to a legal position or argument.
___ precedent is a court opinion from a higher court in a jurisdiction that is on point, and therefore the lower court must follow it.
The issue should be stated ___, or written in a manner that fairly and completely presents all the key facts and to not construct it in such a manner that favors an outcome.
The ___ component is really what the issue is about. The ___ component follows the law component, and must: 1. Relate to or concern the specific law included in the law component 2. Present the specific legal ___ raised by the facts 3. Link the law with the facts.
Counteranalysis involves identification and objective evaluation of the strengths and weaknesses of each legal argument you intend to raise.
Down
Effective counteranalysis is ___ for the following reasons: 1) to comply with ethical rules regarding disclosing adverse authority to the court and providing a client competent representation, 2) to properly evaluate the merits of a case and aid in selection of the appropriate course of action, 3) to maintain credibility, 4) to soften the impact of adverse authority by addressing it in a legal brief.
Seven ways to challenge an argument based on a ___ are as follows: 1. Reliance on the court opinion is misplaced because the key facts in the opinion and the key facts of the client’s case are different to such a nature or degree that they render the court opinion unusable as precedent. 2. Reliance on the court opinion is misplaced because the rule of law or legal principle applied in the court opinion does not apply. 3. The court opinion is subject to an interpretation different from that relied upon in support of a legal position. 4. The rule or principle adopted in the opinion relied on is not universally followed. 5. The opinion relied on presents several possible solutions to the problem, and the one urged by opposition is not mandatory and is not the best choice. 6. The position relied on no longer represents sound public policy and should not be followed. 7. There are other equally relevant cases that do not support the position adopted in the case relied on.
___ precedent is precedent that a court may look to for guidance, but is not bound to follow. This type of precedent could include cases from other jurisdictions, or from a lower court.
The principles of stare decisis and precedent provide stability and ___ to the legal system.
The ___ format for writing the issue is Law + Question + Key Facts.
The __ component of the issue can be state in either of two basic formats: 1. The jurisdiction or citation followed by the title or description, or 2. The title or description followed by the jurisdiction or citation.
Deciding whether a case is on point with regard to a client's case requires determining whether the key facts and rules of law are sufficiently ___.
A ___ statement of issue is often used in conversation or oral communications when the participants are familiar with the facts and know the law that applies to the case. It is not appropriate in legal research and writing.