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Answer key

Chapter 3 answers

  1. Solution 3.1

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    Choose a signal for the chapter's exact Erie quotation. Explain why adding see would misdescribe the relationship.

    A sound answer

    Use no signal: The Court stated, “There is no federal general common law.” Erie R.R. Co. v. Tompkins, 304 U.S. 64, 78 (1938).

    Why it works

    The opinion directly supplies the quoted sentence. See ordinarily tells the reader that the cited authority supports the assertion through an inferential step. That description adds no useful accuracy to this exact quotation. The direct relationship does not authorize removing the surrounding qualification for matters governed by the Federal Constitution or Acts of Congress.

    A tempting mistake

    Do not reason that no signal means the quoted sentence has unlimited reach. A directly quoted passage can still be deployed misleadingly. Nor should you use a background signal for words the cited passage itself supplies.

    Check your work

    Compare the quotation with the supplied words, locate 78, and read the preceding federal-law qualification. Your citation should have no introductory See, and your discussion should not transform 'general common law' into 'all federal law'.

  2. Solution 3.2

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    Fictional training example — not legal authority. The supplied rule requires notice before a hearing; the supplied fact says notice was mailed afterward. Choose a signal for applying the rule to that fact and explain the inference.

    A sound answer

    Fictional training example — not legal authority.

    A See signal is appropriate for the application: the requirement comes from the source, and the conclusion that notice mailed after this hearing fails it follows by applying the rule to the supplied chronology.

    Why it works

    The source supplies the before-hearing condition; the packet supplies afterward as the actual timing. The writer connects those two premises. State that connection in the prose rather than asking the signal to do all the analytical work. No analogy to another proceeding is needed when the same rule directly governs the supplied facts.

    A tempting mistake

    Cf. would suggest a more indirect analogy that the packet does not require. A naked assertion of failure with no factual chronology would also hide the inferential step. Do not invent the fictional opinion's reporter information because this question asks for signal choice and reasoning.

    Check your work

    Your answer should identify the exact bridge: afterward does not satisfy before. If you changed the factual premise or introduced a different notice regime, the signal and reasoning would need another check.

  3. Solution 3.3

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    Fictional training example — not legal authority. A source requires notice for licensing hearings to preserve an opportunity to respond; your sentence addresses benefit hearings and relies on their similar opportunity-to-respond purpose. Choose a signal and draft a parenthetical using only these facts.

    A sound answer

    Fictional training example — not legal authority.

    Use Cf. with a parenthetical such as “(requiring notice for a licensing hearing to preserve an opportunity to respond).” Explain in the prose that the benefit hearing is said to serve a similar opportunity-to-respond purpose.

    Why it works

    The cited source resolves a licensing matter; it does not directly decide the benefit-hearing issue. The shared purpose supports an analogy, while the difference in setting remains visible. The parenthetical describes the source's own result and rationale, leaving the extension to your analysis.

    A tempting mistake

    Do not write '(holding that benefit hearings require notice)' because the packet supplies no such holding. See alone would understate the interpretive work if the argument depends on transferring reasoning between different proceedings. Do not conceal differences that could weaken the analogy.

    Check your work

    Read the parenthetical alone: it should refer to licensing. Read the surrounding sentence: it should identify the proposed extension to benefits and the shared purpose, rather than claiming the source decided both.

    Alternatives

    Equivalent wording is acceptable if it accurately identifies the licensing source and makes the analogy explicit.

  4. Solution 3.4

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    Fictional training example — not legal authority. A source expressly says the deadline is twenty days. Your text says it is ten. Choose the contrary signal, and explain why the text may need revision rather than just the signal.

    A sound answer

    Fictional training example — not legal authority.

    Contra identifies the source's direct contradiction of the ten-day assertion. If no other supplied authority supports ten days, revise the text to the supported twenty-day rule instead of leaving an unexplained false sentence followed by Contra.

    Why it works

    A contrary signal describes a relationship; it does not reconcile the conflict. The packet's source states twenty days expressly. A writer who claims ten days must supply a defensible basis for that different assertion, such as another applicable provision or a distinction supported by sources. None is supplied here.

    A tempting mistake

    But see would imply that opposition requires an inferential step, although twenty and ten directly conflict in this packet. More importantly, a correctly signaled adverse source does not rescue a proposition you have no support for.

    Check your work

    Place the draft's number beside the source's number. Your answer should acknowledge their direct inconsistency, name Contra for that relationship, and either correct the rule to twenty days or identify the missing justification.

  5. Solution 3.5

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    Fictional training example — not legal authority. Source A supports the rule, Source B provides an analogy, and Source C directly contradicts it. State their signal-group order under the taught practitioner baseline.

    A sound answer

    Fictional training example — not legal authority.

    Place Source A's direct support first, Source B's Cf. analogy next within the supporting category, and Source C's Contra material afterward in the contrary category. If writing citation sentences, the contrary category begins its own citation sentence.

    Why it works

    The practitioner grouping taught here is supporting, comparison, contrary, then background. Cf. belongs among supporting signals; it is not the separate compare-with category merely because it involves comparing situations. Within a group, use a logical ordering and accurate parentheticals to show each source's particular job.

    A tempting mistake

    Do not put the analogy under See also simply to make the string uniform, or put the contradiction under a supporting signal. A polished sequence would then misrepresent the authority relationships. This problem supplies no full citation metadata, so ordering labels is enough.

    Check your work

    Write a job beside each source: direct rule, supportive analogy, direct opposition. The order and signal should preserve those jobs. Check that the separate category boundary is visible in your chosen sentence or clause format.

  6. Solution 3.6

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    Repair “(Holding that no federal law exists)” using the supplied Erie majority and its context. Give an accurate page-78 parenthetical, explain whether “holding” can be used, and write one fuller sentence describing the error and disposition at pages 78-80. Preserve the express federal-law qualification.

    A sound answer

    A suitable parenthetical is (holding that there is no federal general common law). A fuller account is: “Recognizing the express exception for matters governed by the Federal Constitution or Acts of Congress, the Court held that applying federal general common law instead of resolving the governing state-law issue was error; it reversed and remanded. Erie R.R. Co. v. Tompkins, 304 U.S. 64, 78-80 (1938).”

    Why it works

    Holding is defensible because the proposition formed part of the Court's decision rejecting the lower court's approach. The defect in the original is the expansive phrase 'no federal law exists', which removes both general common law and the express federal-law qualification. The disposition at 80 confirms the actual application; the Court left the disputed state-law issue open.

    A tempting mistake

    Changing Holding to stating alone would not fix the original proposition. Nor may the exercise be answered by saying that courts never hold general propositions. Determine what this Court decided and preserve its stated limits.

    Check your work

    Your repair must retain general common law, acknowledge the Constitution/Acts exception, and distinguish the Court's reversal/remand from a decision resolving the disputed Pennsylvania rule.

    Alternatives

    For the page 78 parenthetical, '(stating that there is no federal general common law)' is also accurate.

  7. Solution 3.7

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    Fictional training example — not legal authority. In Park v. Registry, 19 Fiction Rep. 60 (Harbor 2022), Judge Quill's dissent at page 68 says, “I would require an opportunity to respond before cancellation.” The majority at page 64 rejects that requirement under the supplied statute. Build a full citation to the dissent with an opinion-status parenthetical and a concise explanatory parenthetical. State why “the court held” would misattribute this passage.

    A sound answer

    Fictional training example — not legal authority.

    Park v. Registry, 19 Fiction Rep. 60, 68 (Harbor 2022) (Quill, J., dissenting) (arguing that an opportunity to respond should precede cancellation).

    Why it works

    The packet supplies the name, reporter, starting page, dissent pinpoint, court, year, author, and opinion type. The status parenthetical identifies whose reasoning appears at 68. The explanatory parenthetical then describes the dissent's proposed requirement. The majority's rejection at 64 makes it particularly important not to report the dissent as the court's rule.

    A tempting mistake

    A citation to 60 without 68 would omit the relevant passage. A parenthetical saying '(holding that an opportunity to respond is required)' would misattribute both speaker and force. Merely adding dissenting elsewhere cannot cure a sentence still claiming that the court held this view.

    Check your work

    Check the sequence: court/year, Quill's dissenting status, explanation of his position. Confirm that every case detail comes from the packet and that the sentence does not reverse the majority's stated position.

    Alternatives

    'Reasoning that an opportunity to respond should precede cancellation' is acceptable if it remains clearly attributed to the dissent.

  8. Solution 3.8

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    Fictional training example — not legal authority. A training treatise's chapter “Notice Systems,” pages 60-67, explains why filing periods vary. It expressly does not identify the deadline under Harbor Code § 12. Your draft says, “Section 12 allows ten days.” Write a useful background sentence and name the appropriate background signal, then identify the exact missing research before retaining the ten-day sentence. No author or publication metadata is supplied, so do not fabricate a full book citation.

    A sound answer

    Fictional training example — not legal authority.

    A useful background sentence is: “Filing systems use different deadlines, so the applicable provision must be identified before calculating timeliness.” See generally is the suitable background signal for the supplied treatise discussion. Before retaining 'Section 12 allows ten days', inspect Harbor Code § 12, its applicable version, and any supplied provision affecting that deadline.

    Why it works

    The treatise explains variation but expressly declines to identify this code's period. It can orient research without establishing the operative number. The question supplies no author or publication metadata, so a complete book citation cannot responsibly be built.

    A tempting mistake

    Do not attach See generally to the ten-day claim as if background supplied direct support. Also do not invent an author and date to make the unfinished citation look complete. The missing deadline source and missing book metadata are different gaps.

    Check your work

    Your response should contain no asserted ten-day rule unless supported by the fictional code text, which is absent. It should identify both the background relationship and the precise provision/version still needed.

  9. Solution 3.9

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    Fictional training example — not legal authority. Use the complete comparison packet in this chapter to write a sentence about the statutes' different completion events and a full compare-with citation with two accurate parentheticals. Use Vale v. Registry, 22 Fiction Rep. 40, 45 (Court A 2023), and Reed v. Registry, 31 Fiction Rep. 80, 87 (Court B 2024). Explain why the packet does not establish disagreement over identical statutory text. Apply the packet's express receiving instruction.

    A sound answer

    Fictional training example — not legal authority.

    “The two statutes define completion differently: one requires receipt, while the other accepts timely mailing. Compare Vale v. Registry, 22 Fiction Rep. 40, 45 (Court A 2023) (requiring receipt within ten days), with Reed v. Registry, 31 Fiction Rep. 80, 87 (Court B 2024) (treating mailing within ten days as sufficient despite later receipt).”

    Why it works

    Each citation identifies an opinion and the page containing its supplied rule. Each adjacent parenthetical states that source's completion event. The packet's receiving instruction expressly selects compare-with for this exercise, so apply it without silently substituting another signal convention. Court A's Registry Code § 4 and Court B's Postal Code § 9 are different provisions.

    A tempting mistake

    Do not claim a split over identical statutory language, omit the court labels, replace the first pages with the pinpoints, or leave bracketed placeholders. None of those changes is supported by the packet. Do not change the assigned convention silently.

    Check your work

    Check 40/45 and 80/87 separately, retain 2023 and 2024, and put a comma before with. The comparison should describe the different events without asserting facts about identical text or a shared jurisdiction.

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Chapter 2 answers