Paralegal Certification PrepLegal Research and WritingHard
A paralegal is drafting a persuasive brief to a trial court. In the 'Statement of Facts' section, the paralegal should primarily aim to:
- APresent facts in a light most favorable to the client while remaining truthful and accurately citing the record.
- BPresent only facts that directly support the client's position, omitting unfavorable details.
- CInclude extensive legal arguments and citations to case law within the factual narrative.
- DProvide a neutral, objective recounting of all relevant facts, regardless of their impact.
Show answer & explanationAnswer & explanation
Correct answer: A. Present facts in a light most favorable to the client while remaining truthful and accurately citing the record.
In a persuasive brief, the Statement of Facts must be truthful and accurate, but it should strategically present the facts in a way that subtly favors the client's position, highlighting beneficial details and minimizing unfavorable ones without misrepresenting them.
Why the other options are wrong
- B. Omitting unfavorable details entirely is unethical and can undermine credibility. All relevant facts must be included, even if presented strategically.
- C. The Statement of Facts should focus on facts, not legal arguments or extensive case law citations, which belong in the argument section.
- D. A neutral, objective recounting of facts is characteristic of an objective document like a legal memorandum, not a persuasive brief.
Persuasive Legal Writing
Legal writing intended to convince a court or opposing party of the correctness of one's legal position.
- Advocates for a specific outcome.
- Presents facts and law in a favorable light.
- Must remain truthful and ethically sound.
Memory trick: Tell the 'Facts' like a 'Story' that helps your side, but always 'True'!