Afghanistan Defense Attorney Entrance Exam study materials
Afghanistan Defense Attorney Entrance Exam study resources

Afghanistan Defense Attorney Entrance Exam: Legal Research, Writing, and Drafting

Afghanistan Defense Attorney Entrance Exam · Work through your exam, one topic at a time.

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Legal Research, Writing, and Drafting

Core concepts

Understand how to locate authority: constitutions, statutes, regulations, treaties, and case law, and how to verify that a source is current and in force. Learn the structure of legal writing: issue, rule, application, conclusion (IRAC). Study the forms of legal documents: pleadings, motions, briefs, memoranda, contracts, and opinions. Know the rules of citation and the importance of pinpoint references. Understand how to distinguish holding from dictum, and how to use precedent. Learn drafting discipline: clarity, defined terms, consistent structure, and avoidance of ambiguity.

Traps

Questions test whether a cited source is still valid - an overruled case or repealed statute is not authority. Another trap is confusing a holding (binding) with dictum (persuasive at most). Watch for drafting questions where a defined term is used inconsistently, creating ambiguity. Also be alert to the difference between a memorandum (internal, objective) and a brief (persuasive, filed).

Rule of thumb

For any research or drafting question, apply the "authority-authority-check" sequence: Identify the issue, find the governing authority, verify it is current, then apply it. In drafting, define once, use consistently, and test every clause against a hypothetical dispute.

Worked example

A brief relies on a case that has been overruled. The correct response is to replace it with the overruling decision and address the change; citing the old case without acknowledgment undermines credibility and may violate candor.