Chapter 9 Self-test questions

. Which option correctly describes the IRAC problem solving model?

Issue, Regulation, Application, Conclusion

Issue, Rule, Application, Conclusion

Inquiry, Rule, Application, Conclusion

Inquiry, Regulation, Application, Conclusion

. The IRAC problem solving model has no relevance to legal practice.

True.

False.

. Which option best describes what a practising lawyer will take into account when solving a legal problem?

The law.

The client's personal considerations.

The client's commercial considerations.

All of the options provided are correct.

. Which option best summarises the categories of option usually available to a client?

Use a legal remedy, solution or procedure; do nothing; negotiate.

Use a legal remedy, solution or procedure; negotiate.

Use a legal remedy, solution or procedure; do nothing.

Negotiate.

. What is the difference between case analysis and matter analysis

Case analysis refers to analysis in contentious cases

Matter analysis refers to analysis in non-contentious matters

Transactional work (such as corporate) is non-contentious

The aim of case analysis is to find a remedy

The aim of matter analysis is to find a solution or procedure

Matter analysis is more of a niche area than case analysis

. Which option best summarises the alternative solutions which might be available to help solve a client's problem regarding sale of goods?

Warranty cover

Insurance cover

Goodwill

All of the options provided are correct.

. Your car is serviced. Driving home, the brakes fail and you hit that car in front and have to pay £1000 in damages. From whom might you be able to seek recompense?

The manufacturer of your car.

The garage which serviced your car.

The provider of your car insurance.

All of the options provided are correct.

. Which option best summarises the legal skills which underpin problem solving?

Problem analysis, legal research, application of the law to facts, advising.

Fact and problem analysis, application of the law to facts, advising.

Fact and problem analysis, legal research, application of the law to facts, advising.

Legal research, application of the law to facts, advising.

. Which of the options below best represents a helpful conclusion in practice?

It could be option A or option B, it would be for the courts to decide.

It could be option A or option B. From the information you have given me, namely XYZ, I anticipate that option A will be preferable for you for the following reasons (1, 2, 3).

It could be option A or option B. I think option A will be best for you.

I think option A is the way forward.

. Which option shows the best example of applying the law to the facts?

A buyer can recover damages in tort from anyone who owes him a duty of care under the principle established in Donoghue v Stevenson.

Catherine (as the buyer) can recover damages in tort from Rola Cola (the manufacturer of the drink) under the principle established in Donoghue v Stevenson.

Catherine can recover damages under the principle established in Donoghue v Stevenson.

Damages can be recovered under the principle established in Donoghue v Stevenson.

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