NFPA Paralegal Core Competency Exam (PCCE)Legal Writing and CommunicationMedium
A paralegal is drafting a legal brief in support of a motion for summary judgment. The brief needs to present a compelling argument that there are no genuine issues of material fact and that the moving party is entitled to judgment as a matter of law. Which section of the brief is primarily responsible for applying the relevant law to the undisputed facts of the case?
- AArgument
- BStatement of Facts
- CConclusion
- DTable of Contents
Show answer & explanationAnswer & explanation
Correct answer: A. Argument
The Argument section of a legal brief is where the legal principles and precedents are applied to the facts of the case to persuade the court that the moving party's position is correct.
Why the other options are wrong
- B. The Statement of Facts presents the factual background, typically without argument.
- C. The Conclusion summarizes the arguments and states the requested relief, but does not contain the detailed application of law.
- D. The Table of Contents provides an outline but no substantive legal argument.
Legal Brief Argument Section
The central persuasive section of a legal brief where the writer presents legal reasoning, applies relevant law to the facts, and demonstrates why the court should rule in their client's favor.
- Applies legal authority to the specific facts.
- Presents logical and persuasive reasoning.
- Addresses counterarguments and distinguishes cases.
Memory trick: TOC-Q-F-A-C: Table of Contents, Questions, Facts, Argument, Conclusion.