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Answer key

Chapter 9 answers

  1. Solution 9.1

    CC-09-01← Return to Exercise 9.1
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    Fictional training example — not legal authority.

    Using the supplied Vale declaration, cite paragraph 6 and phrase the sentence as an attributed statement rather than a judicial finding.

    Fictional training example — not legal authority.

    The declarant states that she delivered the envelope at 9:10 a.m. Vale Decl. ¶ 6, ECF No. 18. Equivalent attribution and a clear source-specific locator are acceptable. The supplied statement is declaration evidence, not a judicial finding. Keep the fictional label whenever the answer appears independently and follow any actually supplied receiving format rather than claiming this is universal.

  2. Solution 9.2

    CC-09-02← Return to Exercise 9.2
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    Fictional training example — not legal authority. Two declarations have Exhibit B. What identifying information must “Ex. B at 2” add?

    Fictional training example — not legal authority.

    Identify the parent declaration or other filing, and include its docket attachment where supplied. For example, distinguish Exhibit B to one declarant's declaration from Exhibit B to the other. The question supplies no names or docket numbers to invent. The repair must identify one recoverable filed document and its actual page rather than a repeated exhibit letter alone.

  3. Solution 9.3

    CC-09-03← Return to Exercise 9.3
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    Fictional training example — not legal authority.

    Use the supplied May 5 transcript information to cite the answer at page 12, lines 3–6. Explain why line 7 should not be added.

    Fictional training example — not legal authority.

    May 5 Hr'g Tr. 12:3-6, with the fictional packet's year added if needed to distinguish hearings. The range locates the supplied exchange containing the answer. Line 7 begins counsel's next question and does not belong to that answer. A more precise range for a particular quoted statement may be appropriate after examining the transcript; include only the supporting lines.

  4. Solution 9.4

    CC-09-04← Return to Exercise 9.4
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    Fictional training example — not legal authority. Original page 3 corresponds to ECF page 5. A supplied standing order requires ECF pages. Which page belongs in the filing citation, and what should your research record retain?

    Fictional training example — not legal authority.

    Use ECF page 5 because the supplied standing order requires that pagination. Retain original page 3 and its mapping to ECF page 5 in the source card for checking. A source can have multiple valid location systems, but a final citation must apply the selected requirement consistently. Never imply that the original page number and the ECF number are the same.

  5. Solution 9.5

    CC-09-05← Return to Exercise 9.5
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    Fictional training example — not legal authority.

    Repair the delivery-receipt sentence and citation using the worked-revision packet. Explain the limit of the receipt's support.

    Fictional training example — not legal authority.

    The delivery receipt records an intake signature at 11:50 a.m. Vale Decl. Ex. 2, ECF No. 18-2, at 4. The exhibit's parent, attachment, and ECF page identify the source under the fictional receiving instruction expressly supplied in the worked example. Its timestamp and signature do not themselves establish a legal acceptance determination. A legal conclusion requires the applicable rule and appropriate analysis; the sentence should describe the evidence actually supplied.

  6. Solution 9.6

    CC-09-06← Return to Exercise 9.6
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    Fictional training example — not legal authority. An amended complaint replaces an original complaint, and both have paragraph 20. What must the citation identify before you can claim paragraph 20 supports the current allegation?

    Fictional training example — not legal authority.

    Identify the amended complaint as the actual version and preserve its filing/docket information where supplied. Read its own paragraph 20 rather than assuming it matches the original. If the proposition concerns an earlier allegation, say that and cite the earlier version distinctly. Version identity is necessary even when paragraph numbers and document types repeat.

  7. Solution 9.7

    CC-09-07← Return to Exercise 9.7
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    Explain why an argument in a motion from another lawsuit should not be presented as the issuing court's holding.

    A motion is an advocate's request or argument, not the court's adjudication. Attribute the position to the movant or motion, and identify the external litigation sufficiently. If the sentence needs a holding, locate the actual order/opinion and inspect its disposition. The argument's appearance in a court docket does not change its speaker or legal role.

  8. Solution 9.8

    CC-09-08← Return to Exercise 9.8
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    Fictional training example — not legal authority. A transcript has three volumes, each beginning at page 1. Your passage is volume II, page 8, lines 2–4. Supply a clear training locator.

    Fictional training example — not legal authority.

    A clear training locator is Trial Tr. vol. II, 8:2-4. Volume II prevents confusion because each supplied volume restarts pagination. The question supplies no hearing date or fuller transcript title, so do not invent one. In a completed record citation, add the actual transcript identity and date if required and available. Retain the precise lines supporting the sentence.

  9. Solution 9.9

    CC-09-09← Return to Exercise 9.9
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    Explain why a Bates-numbered discovery page may need an additional filed-record locator.

    A Bates number can identify a discovery-production page without showing where it appears in the filed court record. The receiving court may require a docket, appendix, record-volume, or ECF locator establishing that filed location. Verify inclusion and the required mapping. A private production identifier should not be treated as proof the court received or considered the page.

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Chapter 8 answers