STUDY NOTES & REFERENCE GUIDE
Online Instructor’s Manual with Testbank
for
Legal Research, Analysis, and Writing
Sixth Edition
Joanne B. Hames
De Anza College
Yvonne Ekern
Santa Clara University Law School
Boston Columbus Indianapolis New York San Francisco
Amsterdam Cape Town Dubai London Madrid Milan Munich Paris Montreal
Toronto Delhi Mexico City Sao Paulo Sydney Hong Kong Seoul Singapore Taipei
Tokyo
1
nolanjack - Stuvia | Page 1 of 259
, STUDY NOTES & REFERENCE GUIDE
ISBN-13: 978-0-13-455984-1
ISBN-10: 0-13-455984-3
Table of
Contents
To the Instructor iv
Syllabi ix
Chapter 1: Introduction to Legal Research, Writing and Analysis 1
Chapter 2: The Starting Point: Analyzing Facts and Identifying Legal Issues 7
Chapter 3: Finding and Analyzing Case Law 12
Chapter 4: How to Read and Summarize a Case Law Decision 20
Chapter 5: Constitutions, Statutes, and Administrative Regulations 27
Chapter 6: Statutory and Constitutional Analysis 40
Chapter 7: Secondary Sources 48
Chapter 8: Digests 58
Chapter 9: Validating Your Research: Using Shepards, Keycite and other Citators 65
Chapter 10: Introduction to Lexis Advance, Westlaw, & Bloomberg Law 75
Chapter 11: Computer-Assisted Legal Research (CALR): The Freely Accessible Internet 81
Chapter 12: Basic Legal Writing Tools 86
Chapter 13: The Memorandum of Law: Predictive Legal Writing 90
Chapter 14: Writing to the Court: Persuasive Writing 95
Chapter 15: Motion Practice: Research and Writing Issues 100
Chapter 16: Legal Correspondence 104
Testbank 123
2
nolanjack - Stuvia | Page 2 of 259
, STUDY NOTES & REFERENCE GUIDE
To the Instructor
The Sixth Edition of Legal Research, Analysis, and Writing
When we first wrote Legal Research, Analysis, and Writing, we were convinced that students
needed a text that integrated research, analysis, and writing skills. We remain convinced of that;
therefore, our basic approach to the subject matter has not changed. However, legal research
materials and the methods of doing legal research have changed considerably over the past several
years. The availability of legal resources through the Internet has tremendous influence on the way
research is conducted. No longer are researchers confined to a law library. The widespread use of
all forms of computer assisted legal research requires that legal researchers develop new skills.
However, the law has not abandoned the written word and, as any experienced researcher knows,
books are often preferred. The new skills that researchers must develop, therefore, cannot supplant
traditional research skills, but must complement them. As a result, most chapters now contain a
section incorporating the availability of legal research materials on the free Internet. We continue
to have a chapter introducing Westtlaw, Lexis Advance, and Bloomberg Law, as well as an
overview chapter on Internet research. We have also refined the use of sample pages from print
resources. Since legal writing continues to be a source of concern, we have added a section to each
chapter providng a short writing exercise with suggested sample answers found in an Appendix to
the text.
Practical Approach
This text assists the instructor in presenting material in a practical and
relevant way. Each chapter opens with a short memorandum From the
Desk of W. J.
Bryan, Esq., that contains a hypothetical factual situation to be
researched and analyzed by a fictional research associate. The
memorandum approach helps to introduce the topic of the chapter and
with sample pages from print resources, screen shots from online
sources, or examples of legal writing so as to illustrate text material.
One feature at the end of the chapter, Can You Figure It Out?, requires
students to answer questions related to these figures. Furthermore,
because learning to do legal research requires hands-on experience, at the
end of each chapter are research, analysis, citation, and writing exercises.
Research assignments can be performed
in a library or, in many cases, online. (Answers to most of these
build confidence prior to using a library or online resource, exercises
are found in a chapter end feature, Test Yourself. Answers to selected
research problems are found in Appendix G to the text.
Each chapter also addresses important writing issues in end-of-
chapter features. Test Yourself also contains a section entitled
It Here
students find a writing assignment preceded by an explanation and example.
3
nolanjack - Stuvia | Page 3 of 259
, STUDY NOTES & REFERENCE GUIDE
Suggested answers to the writing assignment are generally provided in Appendix
G.
This feature covers a variety of legal writing issues.
All chapters also include a Chapter Summary, Terms to
Remember, Citation Matters, and Questions for Review, as well
as a Case Project. This section allows students and instructors to
select one hypothetical case (many
4
nolanjack - Stuvia | Page 4 of 259
Online Instructor’s Manual with Testbank
for
Legal Research, Analysis, and Writing
Sixth Edition
Joanne B. Hames
De Anza College
Yvonne Ekern
Santa Clara University Law School
Boston Columbus Indianapolis New York San Francisco
Amsterdam Cape Town Dubai London Madrid Milan Munich Paris Montreal
Toronto Delhi Mexico City Sao Paulo Sydney Hong Kong Seoul Singapore Taipei
Tokyo
1
nolanjack - Stuvia | Page 1 of 259
, STUDY NOTES & REFERENCE GUIDE
ISBN-13: 978-0-13-455984-1
ISBN-10: 0-13-455984-3
Table of
Contents
To the Instructor iv
Syllabi ix
Chapter 1: Introduction to Legal Research, Writing and Analysis 1
Chapter 2: The Starting Point: Analyzing Facts and Identifying Legal Issues 7
Chapter 3: Finding and Analyzing Case Law 12
Chapter 4: How to Read and Summarize a Case Law Decision 20
Chapter 5: Constitutions, Statutes, and Administrative Regulations 27
Chapter 6: Statutory and Constitutional Analysis 40
Chapter 7: Secondary Sources 48
Chapter 8: Digests 58
Chapter 9: Validating Your Research: Using Shepards, Keycite and other Citators 65
Chapter 10: Introduction to Lexis Advance, Westlaw, & Bloomberg Law 75
Chapter 11: Computer-Assisted Legal Research (CALR): The Freely Accessible Internet 81
Chapter 12: Basic Legal Writing Tools 86
Chapter 13: The Memorandum of Law: Predictive Legal Writing 90
Chapter 14: Writing to the Court: Persuasive Writing 95
Chapter 15: Motion Practice: Research and Writing Issues 100
Chapter 16: Legal Correspondence 104
Testbank 123
2
nolanjack - Stuvia | Page 2 of 259
, STUDY NOTES & REFERENCE GUIDE
To the Instructor
The Sixth Edition of Legal Research, Analysis, and Writing
When we first wrote Legal Research, Analysis, and Writing, we were convinced that students
needed a text that integrated research, analysis, and writing skills. We remain convinced of that;
therefore, our basic approach to the subject matter has not changed. However, legal research
materials and the methods of doing legal research have changed considerably over the past several
years. The availability of legal resources through the Internet has tremendous influence on the way
research is conducted. No longer are researchers confined to a law library. The widespread use of
all forms of computer assisted legal research requires that legal researchers develop new skills.
However, the law has not abandoned the written word and, as any experienced researcher knows,
books are often preferred. The new skills that researchers must develop, therefore, cannot supplant
traditional research skills, but must complement them. As a result, most chapters now contain a
section incorporating the availability of legal research materials on the free Internet. We continue
to have a chapter introducing Westtlaw, Lexis Advance, and Bloomberg Law, as well as an
overview chapter on Internet research. We have also refined the use of sample pages from print
resources. Since legal writing continues to be a source of concern, we have added a section to each
chapter providng a short writing exercise with suggested sample answers found in an Appendix to
the text.
Practical Approach
This text assists the instructor in presenting material in a practical and
relevant way. Each chapter opens with a short memorandum From the
Desk of W. J.
Bryan, Esq., that contains a hypothetical factual situation to be
researched and analyzed by a fictional research associate. The
memorandum approach helps to introduce the topic of the chapter and
with sample pages from print resources, screen shots from online
sources, or examples of legal writing so as to illustrate text material.
One feature at the end of the chapter, Can You Figure It Out?, requires
students to answer questions related to these figures. Furthermore,
because learning to do legal research requires hands-on experience, at the
end of each chapter are research, analysis, citation, and writing exercises.
Research assignments can be performed
in a library or, in many cases, online. (Answers to most of these
build confidence prior to using a library or online resource, exercises
are found in a chapter end feature, Test Yourself. Answers to selected
research problems are found in Appendix G to the text.
Each chapter also addresses important writing issues in end-of-
chapter features. Test Yourself also contains a section entitled
It Here
students find a writing assignment preceded by an explanation and example.
3
nolanjack - Stuvia | Page 3 of 259
, STUDY NOTES & REFERENCE GUIDE
Suggested answers to the writing assignment are generally provided in Appendix
G.
This feature covers a variety of legal writing issues.
All chapters also include a Chapter Summary, Terms to
Remember, Citation Matters, and Questions for Review, as well
as a Case Project. This section allows students and instructors to
select one hypothetical case (many
4
nolanjack - Stuvia | Page 4 of 259
