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Question 1
You must cite check because:
Correct Although it is rare, a judicial decision issued in May could be clarified one month later. Therefore, any decision could be altered in some way, even those recently issued. It is essential that all case law be checked for its relevancy, applicability and standing as good law.
Incorrect! Although it is rare, a judicial decision issued in May could be clarified one month later. Therefore, any decision could be altered in some way, even those recently issued. It is essential that all case law be checked for its relevancy, applicability and standing as good law.
Correct
Incorrect!
Correct
Incorrect!
Question 2
While conducting oral arguments, Susan, the attorney for the plaintiff, argues that the defendant's attorney citation of a case that has been affirmed is improper because if a decision has been affirmed, it is no longer good law. The judge responds that Susan's assertion is:
Correct
Incorrect!
Correct If a decision has been affirmed, it means that the judicial decision has been appealed to a higher court, and higher court has agreed with the lower court's holder, thus rendering the lower court's opinion still good law.
Incorrect! If a decision has been affirmed, it means that the judicial decision has been appealed to a higher court, and higher court has agreed with the lower court's holder, thus rendering the lower court's opinion still good law.
Question 3
While researching a particular legal issue, Michael came across the following citation after the citation of a decision he wanted to cite as authority: reversed, 359 Me. 236 (1942). What should Michael do?
Correct When a court reverses another court's decision, it may not have anything to do with the underlying law on which the first decision is based. Therefore, while the initial decision may be reversed, one may still be able to cite the first decision for other reasons.
Incorrect! When a court reverses another court's decision, it may not have anything to do with the underlying law on which the first decision is based. Therefore, while the initial decision may be reversed, one may still be able to cite the first decision for other reasons.