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for
LegalResearch,Analysis,andWriting
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SixthEdition u
JoanneB. Hames u u
De Anza College
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YvonneEkern u
SantaClaraUniversityLawSchool
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Boston Columbus Indianapolis New York San Francisco
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Amsterdam Cape Town Dubai London Madrid Milan Munich Paris Montreal Toronto
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u Delhi Mexico City Sao Paulo Sydney Hong Kong Seoul Singapore Taipei Tokyo
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, ISBN-13: 978-0-13-455984-1 u
ISBN-10: 0-13-455984-3
Table of Contents u u
To the Instructor
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Syllabi ix
Chapter1: Introduction to Legal Research, Writing and Analysis
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Chapter2: The StartingPoint: Analyzing Facts and Identifying Legal Issues
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Chapter 3: Finding and Analyzing Case Law
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Chapter4: How to Read and Summarize a Case Law Decision
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Chapter5: Constitutions, Statutes, and Administrative Regulations
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Chapter 6: Statutoryand Constitutional Analysis
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Chapter 7: SecondarySources
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Chapter 8: Digests
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Chapter9: Validating Your Research: Using Shepards, Keycite and other Citators
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Chapter10: Introduction to Lexis Advance, Westlaw, & Bloomberg Law
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Chapter11: Computer-Assisted LegalResearch (CALR):The FreelyAccessible Internet 81
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uChapter12: Basic Legal Writing Tools
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Chapter13: The Memorandum of Law: Predictive Legal Writing
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Chapter 14: Writing to the Court: Persuasive Writing
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Chapter15: Motion Practice: Research and Writing Issues
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Chapter16: Legal Correspondence
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Testbank 123
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, To the Instructor u u
The Sixth Edition of Legal Research, Analysis, and Writing
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When we first wrote Legal Research, Analysis, and Writing, we were convinced that students needed a
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text that integrated research, analysis, and writing skills. We remain convinced of that; therefore, our
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basic approach to the subject matter has not changed. However, legal research materials and the methods
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of doing legal research have changed considerablyover the past several years. The availabilityof legal
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resources through the Internet has tremendous influenceon the way research is conducted. No longer are
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researchers confined to a law library. The widespread use of all forms of computer assisted legal research
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requires that legal researchers develop new skills.
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However, the law has not abandoned the written word and, as any experienced researcher knows, books u u u u u u u u u u u u u u u
are often preferred. The new skills that researchers must develop, therefore, cannot supplant traditional
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research skills, but must complement them. As a result, most chapters now contain a section incorporating
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the availability of legal research materials on the free Internet. We continue to have a chapter introducing
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Westtlaw, Lexis Advance, and Bloomberg Law, as well as an overview chapter on Internet research. We
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have also refined the use of sample pages from print resources. Sincelegal writingcontinues to be asource
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of concern, wehaveadded asection to each chapter providng a short writing exercise with suggested
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sample answers found in an Appendix to the text.
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PracticalApproach u
Thistext assiststheinstructor in presentingmaterialina practical andrelevant way. Each
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chapter opens with a short memorandum From the Desk of W. J.
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Bryan, Esq., that contains a hypothetical factual situation to be researched and
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analyzed by a fictional research associate. The memorandum approach helps to
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introduce the topic of the chapter and to engage the student’s imagination. Each
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chapter contains figures with sample pages from print resources, screen shots from
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online sources, or examples of legal writingso asto illustratetext material.
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One feature at the end of the chapter, Can You Figure It Out?, requires students to answer
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questionsrelated tothese figures. Furthermore,because learningtodo legal research
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requires hands-on experience, at the end of each chapter are research, analysis, citation,
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and writing exercises. Research assignments can be performed
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in a library or, in many cases, online. (Answers to most of these exercises are found in an
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Instructor’s Manual.) So that students can build confidence prior to using a library or
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online resource, exercises are found in a chapter end feature, Test Yourself. Answers to
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selectedresearch problems are foundin Appendix Gto the text.
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Each chapter also addresses important writing issues in end-of-chapter features.
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TestYourself also contains asectionentitled“Write It Right.” Here
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students find a writingassignment preceded byanexplanation andexample. Suggested answers to
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the writing assignment are generally provided in Appendix G.
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Thisfeature coversa varietyof legal writingissues.
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All chapters also include a Chapter Summary, Terms to Remember, Citation
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Matters, and Questionsfor Review, as wellas a CaseProject.This section allows
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students and instructors to select one hypothetical case (many
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, of which are found in Appendices A and B) and to perform some research, analysis, or
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writingprojectin chapters. In this way, studentssee howthematerial covered in the
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different chapters is integrated. Questions and problems for
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group work, eitherin classor online through the useofdiscussion boards, have been
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added.
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Features
Avarietyoffeatures helps students andinstructors.
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• Legal vocabulary is identified in boldface type. The key terms are definedin
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the margins ofthe text wheretheterms appear. Acomprehensive Glossary is also
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included at the end of the book.
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• Skill Objectivesarelisted atthe beginningofeachchapter,helping
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students recognize the main points of the chapter.
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• FindingItOnlineoffersstudents the opportunitytoexplore onlinelegal u u u u u u u u u u
research resources.
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• CitationMatters, afeature thatappearsineachchapter,isa brief overview of u u u u u u u u u u u u u
major citation rules affecting legal writing.
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• The Writer’s Corner,a featurein each chapter,focuses onanimportant legal
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writing issue.
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• As previouslystated,aninteroffice memorandumcalled Fromthe Desk of
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W. J. Bryan, Esq., opens the text of each chapter. This memorandum serves as
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an introduction to the subject matter, encouraging the student to think about the
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subject matter in a practical setting.
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• Researchchecklists arefoundinseveral chapters,providingaquick, u u u u u u u u u
easy-to-read summary of the material found in the text.
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• Sample pages from an assortment of law books are included in the research u u u u u u u u u u u u
chapters. Practical exercises, found in the section Can You FigureItOut? at
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the endof the chapters, give studentsthe opportunityto practice research skills
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before going to the library.
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• Examplesofactualresearch memorandaappearinappropriate chapters. u u u u u u u u
• AChapter Summaryisincluded in everychapter; itprovidesa short
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overview of the major concepts covered in the chapter.
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• BasicQuestionsfor Review followthechaptersummary.Thesequestions are
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designed to focus the student on the most important concepts
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presented inthe chapter. u u u
• Assignments, Activities, and Exercises are included at the end of each chapter. u u u u u u u u u u u
Thesefeaturesincludelibraryresearchproblems,analysisexercises, and writing
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assignments.
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• CitationExercises are included atthe endof eachchapter. u u u u u u u u u
• QuestionsFromtheWriter’s Cornerlocated at theend ofthechapter u u u u u u u u u u u
reinforce the material covered in the chapter.
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• Most chaptersincludea feature called APointto Remember.Thispractical
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information is fashioned to help students focus on the skills and concepts
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thatwill helpthemin doinglegal research, writing, andanalysis.
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• Test Yourself, including Write It Right, allows students to test their own
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research and writingskills byprovidinganswers to the questionsin Appendix
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G.
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• Appendix B includes several research problems that may be used as a basis u u u u u u u u u u u u
forassignmentsforall chapters,givingstudentstheopportunityto
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