1997 Advanced Legal Writing Final Examination

ADVANCED LEGAL WRITING

Professor Franks

Final Examination, Spring 1997

GENERAL INSTRUCTIONS

1. Carefully analyze the facts and grasp the issues in each question before beginning to write. Spend time reading the question slowly and carefully.

2. State the issues and answers to each question concisely. Lengthy answers are not necessary.

3. Do not repeat questions in your answers. Write neatly and legibly on only one side of each page.

4. Number your answers to correspond with the question, e.g., "I-E."

5. If you feel it necessary to assume additional facts in any of the questions, give the facts that must be added and state why.

6. Do not write in the margin of the book.

7. All major questions are equally weighted unless otherwise indicated. Subparts are approximately equal but may be weighted slightly differently according to the number of issues involved in that subpart.

8. Write your pin number and the name and section number of the course on which you are being examined on the cover of each examination book.

9. If you use more than one book, indicate "Book One," "Book Two" and so forth on the cover of each book and write your fictitious name and number and the name and section number of the course on the cover of each examination book.

10. A GOOD ANSWER IS NOT NECESSARILY A LONG ANSWER.

QUESTION I

(15% of test)

1. Explain the difference between a restrictive (essential) clause and a nonrestrictive (non-essential) clause.

2. State briefly the basic formula or paradigm for organizing proof of a conclusion of law.

QUESTION II

(20% of test)

Please rewrite the following sentences. You will be graded on all the organization, verbal expression, grammar, spelling and punctuation that you evince.

Having died, the house, which Jack built was willed to his wife Jane and the youngest of his two daughters Susan and Sally. Susan, the oldest of his two daughters is married. Neither of them live in Louisiana.

QUESTION III

(65% of test)

Back on 20 January 1997, you purchased a computer (a Quantus 1000) from Office Warehouse in Baton Rouge. It was their last unit in stock -- the display and demonstrator unit -- and Office Warehouse is discontinuing carrying the product, so you were given a hefty discount. You got an $1,800 machine for $300.

When you asked for the instruction manual, the sales rep told you it was missing, but he assured you that you would have no trouble whatever obtaining a copy by calling Quantus. That same day you called Quantus's 800 number and were promised the instruction manual. It has never arrived, and you've called Quantus three times since then -- each time being put on eternal hold and enduring twenty minutes of elevator music punctuated only ty their recorded assurances that "your call is very important to us." Each time, when you finally did get to speak to a company representative, the representative assured you that your manual is on its way.

Office Warehouse has offered you your money back, but you feel you got a great bargain and have no intention of accepting a refund. However, you're having trouble using the computer and doing word processing without the manual.

Write a letter to Charles Brown, the president of the company (your choice: the president of Office Warehouse in Miami or the president of Quantus Business Machines in San Jose). Make sure your letter is professional in tone but firmly calculated to get his attention and pry loose one copy of the desired manual.

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