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
,___________________________________________________________________________________________
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
, 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 to engage the student’s imagination. Each
chapter contains figures 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 exercises are
found in an Instructor’s Manual.) So that students can 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 “Write It Right.” Here
students find a writing assignment preceded by an explanation and example. 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
3
, of which are found in Appendices A and B) and to perform some research,
analysis, or writing project in chapters. In this way, students see how the material
covered in the different chapters is integrated. Questions and problems for
group work, either in class or online through the use of discussion boards, have
been added.
Features
A variety of features helps students and instructors.
• Legal vocabulary is identified in boldface type. The key terms are
defined in the margins of the text where the terms appear. A comprehensive
Glossary is also included at the end of the book.
• Skill Objectives are listed at the beginning of each chapter, helping
students recognize the main points of the chapter.
• Finding It Online offers students the opportunity to explore online legal
research resources.
• Citation Matters, a feature that appears in each chapter, is a brief overview
of major citation rules affecting legal writing.
• The Writer’s Corner, a feature in each chapter, focuses on an important
legal writing issue.
• As previously stated, an interoffice memorandum called From the Desk
of W. J. Bryan, Esq., opens the text of each chapter. This memorandum
serves as an introduction to the subject matter, encouraging the student to
think about the subject matter in a practical setting.
• Research checklists are found in several chapters, providing a quick,
easy-to-read summary of the material found in the text.
• Sample pages from an assortment of law books are included in the
research chapters. Practical exercises, found in the section Can You
Figure It Out? at the end of the chapters, give students the opportunity to
practice research skills before going to the library.
• Examples of actual research memoranda appear in appropriate chapters.
• A Chapter Summary is included in every chapter; it provides a short
overview of the major concepts covered in the chapter.
• Basic Questions for Review follow the chapter summary. These questions
are designed to focus the student on the most important concepts
presented in the chapter.
• Assignments, Activities, and Exercises are included at the end of each
chapter. These features include library research problems, analysis exercises,
and writing assignments.
• Citation Exercises are included at the end of each chapter.
• Questions From the Writer’s Corner located at the end of the chapter
reinforce the material covered in the chapter.
• Most chapters include a feature called A Point to Remember. This practical
information is fashioned to help students focus on the skills and concepts
that will help them in doing legal research, writing, and analysis.
• Test Yourself, including Write It Right, allows students to test their
own research and writing skills by providing answers to the questions in
Appendix G.
• Appendix B includes several research problems that may be used as a
basis for assignments for all chapters, giving students the opportunity to
4
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
,___________________________________________________________________________________________
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
, 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 to engage the student’s imagination. Each
chapter contains figures 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 exercises are
found in an Instructor’s Manual.) So that students can 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 “Write It Right.” Here
students find a writing assignment preceded by an explanation and example. 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
3
, of which are found in Appendices A and B) and to perform some research,
analysis, or writing project in chapters. In this way, students see how the material
covered in the different chapters is integrated. Questions and problems for
group work, either in class or online through the use of discussion boards, have
been added.
Features
A variety of features helps students and instructors.
• Legal vocabulary is identified in boldface type. The key terms are
defined in the margins of the text where the terms appear. A comprehensive
Glossary is also included at the end of the book.
• Skill Objectives are listed at the beginning of each chapter, helping
students recognize the main points of the chapter.
• Finding It Online offers students the opportunity to explore online legal
research resources.
• Citation Matters, a feature that appears in each chapter, is a brief overview
of major citation rules affecting legal writing.
• The Writer’s Corner, a feature in each chapter, focuses on an important
legal writing issue.
• As previously stated, an interoffice memorandum called From the Desk
of W. J. Bryan, Esq., opens the text of each chapter. This memorandum
serves as an introduction to the subject matter, encouraging the student to
think about the subject matter in a practical setting.
• Research checklists are found in several chapters, providing a quick,
easy-to-read summary of the material found in the text.
• Sample pages from an assortment of law books are included in the
research chapters. Practical exercises, found in the section Can You
Figure It Out? at the end of the chapters, give students the opportunity to
practice research skills before going to the library.
• Examples of actual research memoranda appear in appropriate chapters.
• A Chapter Summary is included in every chapter; it provides a short
overview of the major concepts covered in the chapter.
• Basic Questions for Review follow the chapter summary. These questions
are designed to focus the student on the most important concepts
presented in the chapter.
• Assignments, Activities, and Exercises are included at the end of each
chapter. These features include library research problems, analysis exercises,
and writing assignments.
• Citation Exercises are included at the end of each chapter.
• Questions From the Writer’s Corner located at the end of the chapter
reinforce the material covered in the chapter.
• Most chapters include a feature called A Point to Remember. This practical
information is fashioned to help students focus on the skills and concepts
that will help them in doing legal research, writing, and analysis.
• Test Yourself, including Write It Right, allows students to test their
own research and writing skills by providing answers to the questions in
Appendix G.
• Appendix B includes several research problems that may be used as a
basis for assignments for all chapters, giving students the opportunity to
4
