Foundational Lawyering Skills — UBE practice questions

Under the common-law doctrine of stare decisis, courts should generally:

1. Ignore all prior decisions to reach the just result
2. Follow the same appellate court's most recent dictum
3. Follow prior decisions of higher courts in the same jurisdiction
4. Follow decisions of lower courts in other jurisdictions

Answer: C — Follow prior decisions of higher courts in the same jurisdiction

A) Ignoring precedent contradicts stare decisis. B) Dictum is not binding, and same-court holdings can be revisited under proper conditions. C) Correct — stare decisis binds courts to holdings of higher courts within the same jurisdiction. D) Out-of-jurisdiction lower-court decisions are only persuasive at most.

A new client says a supplier delivered late, the goods were partly defective, and the client has since resold some of them and rejected the rest. Which framing MOST usefully organizes the analysis?

1. Decide first whether the client wants money or wants out of the contract entirely
2. Begin with damages, since the client's recoverable loss defines the value of the matter
3. Separate each alleged breach and test acceptance, rejection, and cure for each shipment
4. Determine whether the supplier acted in bad faith, which drives every remaining question

Answer: C — Separate each alleged breach and test acceptance, rejection, and cure for each shipment

C) Correct - the facts contain distinct potential breaches with different consequences, so disaggregating them and running the acceptance and rejection framework on each is the productive structure. A) Tempting because client goals matter, but goals do not organize the legal issues. B) Tempting because damages ultimately matter, but remedy analysis presupposes an identified breach. D) Tempting because bad faith is emotionally salient, but most of these issues do not turn on it.

A client must decide whether to accept a settlement offer. Counsel believes the offer is low but that trial carries real risk. What is the BEST way to counsel the client?

1. Recommend acceptance and explain that predicting trial outcomes is beyond anyone's ability
2. Lay out each option with its likely range of outcomes, costs, and timing, then advise
3. Decline to give a recommendation, because settlement is solely the client's decision to make
4. Tell the client the offer is inadequate and that a counteroffer has already been prepared

Answer: B — Lay out each option with its likely range of outcomes, costs, and timing, then advise

B) Correct - counseling means presenting the realistic consequences of each option, including cost and delay, and then giving candid advice while leaving the choice to the client. A) Tempting because a clear recommendation is helpful, but disclaiming any assessment of risk withholds what the client most needs. C) Tempting because the decision belongs to the client, but a lawyer may and should advise. D) Tempting because it sounds decisive, but acting before the client decides usurps the client's authority.

In a brief opposing summary judgment, counsel knows of a controlling appellate decision in the jurisdiction that is directly adverse and that opposing counsel has not cited. What is the BEST course?

1. Omit the case, because the opponent bears the burden of locating adverse authority
2. Cite the adverse decision and argue why it is distinguishable or should not control here
3. Cite the decision in a footnote without comment so the record shows it was disclosed
4. Raise the decision only if the court asks about it during the summary judgment hearing

Answer: B — Cite the adverse decision and argue why it is distinguishable or should not control here

B) Correct - directly adverse controlling authority not disclosed by the opponent must be disclosed, and the strongest advocacy pairs disclosure with a reasoned basis to distinguish it. A) Tempting because adversarial systems allocate research burdens, but the disclosure obligation is independent. C) Tempting because it technically discloses, but silent citation forfeits the chance to blunt the case. D) Tempting because it defers the problem, but the obligation attaches when the argument is made.

What distinguishes a client-advice memo from a persuasive brief?

A memo objectively predicts outcomes and discloses weaknesses. A brief argues one side's position, though candor to the tribunal still applies.

What is issue spotting in a legal analysis task?

Identifying the legally significant facts and the specific questions a court must resolve, before applying rules or reaching conclusions.