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Writing About Law Exam
Terms in this set (52)
all genres of legal writing share what two important characteristics?
they all make legal claims or observations, and all use primary and secondary legal sources to support these claims.
in law, the doctrine of stare decisis requires that....
courts follow precedent decided by the highest court of a given jurisdiction
there are four primary sources of law in the united states. what of the following is not one of the four primary sources
legal scholarship that describes how the law functions now and prescribes changes to the law
in any rhetorical situation, there are three elements: a speaker, an audience, and what?
which of aristotles three appeals is based on putting the audience in a certain frame of mind- appealing to the audience's emotions in order to change or affect their view?
in legal writing, the term moot is used to refer to points or conflicts that are:
already resolved or somehow placed beyond the practical reach of the law
in scholarly writing, what is your primary source?
the text you are studying
secondary sources can be divided into two types, called:
scholarly sources and non-scholarly sources
all of the possible arguments that oppose your thesis
which of the following is a supporting argument used by sojourner truth in her famous speech "ain't i a woman"
eve, the first woman, was strong enough to turn the world upside down, so together women ought to be strong enough to turn it right-side up
Article III of the U.S. Constitution has to do with
the judicial branch
which framer believed that frequent renovations to the constitution would undermine it?
How many amendments are there in the united states constitution?
the citizen clause "all persons born or naturalized in the untied states and subject to the jurisdiction thereof, are citizens of the united states and of the state wherein they reside" is part of which amendment?
the fourteenth amendment
which article of the constitution declares that congress shall propose a new amendment to the constitution "whenever two thirds of both houses shall deem it necessary"
the first rhetoricians of ancient Athens were also the first lawyers and they were known as
in ancient Athens, these rhetoricians were held in contempt by the greek aristocracy because by teaching the lower classes how to argue, they gave them:
in any rhetorical situations there are three elements excluding constraints which include:
a speaker, an audience, and a message
the primary message of a judicial opinion is called:
an appeal using reasoning, factual evidence, and reliable sources is an appeal to:
in kurt vonnegut's short story, harrison bergeron, harrison tears the straps of his handicap harness and declares that he will do what?
select his empress
the short story, before the law, was written by
in before the law, who is guarding the entrance to the law?
in a rhetorical analysis, the term rhetor refers to
which rhetorical device is on full display in Pablo Neruda's short poem, My Soul, "my soul is an empty carousel at sunset"
limits to our vocab
interpret the law
the branch of government that carries out laws
letter of the law
spirit of the law
primary message of a case
declaration of independence
judges in minority
judges in majority
seven articles of consitution
Article I - The Legislative Branch
Article II - The Executive Branch. ...
Article III - The Judicial Branch. ...
Article IV - The States. ...
Article V - Amendment. ...
Article VI - Debts, Supremacy, Oaths. ...
Article VII - Ratification.
where do swans in lake morton come from
White Mute Swans from England
Loving v. Virginia
1867 court case that declared all laws against interracial marriage unconstitutional
Griswold v. Connecticut
Married couple wanted to get contraceptives; struck down a Connecticut law prohibiting the sale of contraceptives; established the right of privacy through the 4th and 9th amendment
Lawrence v. Texas
A Texas law classifying consensual, adult homosexual intercourse as illegal sodomy violated the privacy and liberty of adults to engage in private intimate conduct under the 14th amendment.
Wickard v. Filburn
Farmer grew more wheat than allowed because he was being funded by congress. Congress said they could regulate that because even though it was for his personal consumption, it would effect interstate commerce. Expansion of power of the Commerce Clause
A Jury of Her Peers
murder story that was covered up
lynching of jude benson
falsely accused of rape (black)
before the law
guy waits at gate forever
god sees the truth but waits
"God will forgive you!" said he. "Maybe I am a hundred times worse than you."
wrongly accused of murder
smart people cant think
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