OnlineInstructor’sManualwithTestbank
c c c c
for
LegalResearch,Analysis,andWriting
c c c c
SixthEdition c
JoanneB. Hames c c
De Anza College
c c
YvonneEkern c
SantaClaraUniversityLawSchool
c c c c
Boston Columbus Indianapolis New York San Francisco
c c c c c c
Amsterdam Cape Town Dubai London Madrid Milan Munich Paris Montreal Toronto
c c c c c c c c c c
c Delhi Mexico City Sao Paulo Sydney Hong Kong Seoul Singapore Taipei Tokyo
c c c c c c c c c c c
1
, ISBN-13: 978-0-13-455984-1 c
ISBN-10: 0-13-455984-3
Table of Contents c c
To the Instructor
c c iv
Syllabi ix
Chapter1: Introduction to Legal Research, Writingand Analysis
c c c c c c c c 1
Chapter2: The StartingPoint: Analyzing Facts and Identifying Legal Issues
c c c c c c c c c c 7
Chapter 3: Finding and Analyzing Case Law
c c c c c c 12
Chapter4: How to Read and Summarize a Case Law Decision
c c c c c c c c c c 20
Chapter5: Constitutions, Statutes, and Administrative Regulations
c c c c c c 27
Chapter 6: Statutoryand Constitutional Analysis
c c c c c 40
Chapter 7: SecondarySources
c c c 48
Chapter 8: Digests
c c 58
Chapter9: Validating Your Research: Using Shepards, Keycite and other Citators
c c c c c c c c c c 65
Chapter10: Introduction to Lexis Advance, Westlaw, & Bloomberg Law
c c c c c c c c c 75
Chapter11:Computer-Assisted LegalResearch(CALR):TheFreelyAccessible Internet 81
c c c c c c c c c c
c Chapter12: Basic Legal Writing Tools
c c c c c 86
Chapter13: The Memorandum of Law: Predictive Legal Writing
c c c c c c c c 90
Chapter 14: Writing to theCourt: Persuasive Writing
c c c c c c c 95
Chapter15: Motion Practice: Research and Writing Issues
c c c c c c c 100
Chapter16: Legal Correspondence
c c c 104
Testbank 123
2
, To the Instructor c c
The Sixth Edition of Legal Research, Analysis, and Writing
c c c c c c c c
When we first wrote Legal Research, Analysis, and Writing, we were convinced that students needed a
c c c c c c c c c c c c c c c
text that integrated research, analysis, and writing skills. We remain convinced of that; therefore, our
c c c c c c c c c c c c c c c
basic approach to the subject matter has not changed. However, legal research materials and the methods
c c c c c c c c c c c c c c c c
of doing legal research have changed considerablyover the past several years. The availabilityof legal
c c c c c c c c c c c c c c c c
resources through the Internet has tremendous influenceon the way research is conducted. No longer are
c c c c c c c c c c c c c c c c
researchers confined to a law library. The widespread use of all forms of computer assisted legal research
c c c c c c c c c c c c c c c c c
requires that legal researchers develop new skills.
c c c c c c c
However, the law has not abandoned the written word and, as any experienced researcher knows, books c c c c c c c c c c c c c c c
are often preferred. The new skills that researchers must develop, therefore, cannot supplant traditional
c c c c c c c c c c c c c c
research skills, but must complement them. As a result, most chapters now contain a section incorporating
c c c c c c c c c c c c c c c c
the availability of legal research materials on the free Internet. We continue to have a chapter introducing
c c c c c c c c c c c c c c c c c
Westtlaw, Lexis Advance, and Bloomberg Law, as well as an overview chapter on Internet research. We
c c c c c c c c c c c c c c c c
have also refined the use of sample pages from print resources. Sincelegal writingcontinues to be asource
c c c c c c c c c c c c c c c c c c c
of concern, wehaveadded asection toeach chapter providng a short writing exercise with suggested
c c c c c c c c c c c c c c c c c
sample answers found in an Appendix to the text.
c c c c c c c c c
PracticalApproach c
Thistext assiststheinstructor in presentingmaterialina practical andrelevant way. Each
c c c c c c c c c c c c c c
chapter opens with a short memorandum From the Desk of W. J.
c c c c c c c c c c c c
Bryan, Esq., that contains a hypothetical factual situation to be researched and
c c c c c c c c c c c
analyzed by a fictional research associate. The memorandum approach helps to
c c c c c c c c c c c
introduce the topic of the chapter and to engage the student’s imagination. Each chapter
c c c c c c c c c c c c c c
contains figures with sample pages from print resources, screen shots fromonline
c c c c c c c c c c c c
sources, or examples of legal writingso asto illustratetext material.
c c c c c c c c c c c c
One feature at the end of the chapter, Can You Figure It Out?, requires students to answer
c c c c c c c c c c c c c c c c
questionsrelated tothese figures. Furthermore,because learningtodo legal research
c c c c c c c c c c c c
requires hands-on experience, at the end of each chapter are research, analysis, citation,
c c c c c c c c c c c c c
and writing exercises. Research assignments can be performed
c c c c c c c c
in a library or, in many cases, online. (Answers to most of these exercises are found in an
c c c c c c c c c c c c c c c c c
Instructor’s Manual.) So that students can build confidence prior to using a library or
c c c c c c c c c c c c c c
online resource, exercises are found in a chapter end feature, Test Yourself. Answers to
c c c c c c c c c c c c c c
selectedresearch problems are foundin Appendix Gto the text.
c c c c c c c c c c c
Each chapter also addresses important writing issues in end-of-chapter features.
c c c c c c c c c
TestYourself also contains asectionentitled“Write It Right.” Here
c c c c c c c c c c c
students find a writingassignment preceded byanexplanation andexample. Suggested answers to
c c c c c c c c c c c c c
the writing assignment are generally provided in Appendix G.
c c c c c c c c c
Thisfeature coversa varietyof legal writingissues.
c c c c c c c c
All chapters also include a Chapter Summary, Terms to Remember, Citation
c c c c c c c c c c
Matters, and QuestionsforReview, as wellas a CaseProject.This section allows
c c c c c c c c c c c c c c
students and instructors to select one hypothetical case (many
c c c c c c c c c
3
, of which are found in Appendices A and B) and to perform some research, analysis, or
c c c c c c c c c c c c c c c
writingprojectin chapters. In this way, studentssee howthe material covered in the
c c c c c c c c c c c c c c c
different chapters is integrated. Questions and problems for
c c c c c c c c
group work, eitherin classor online through the useofdiscussion boards, have been
c c c c c c c c c c c c c c
added.
c
Features
Avarietyoffeatures helps studentsandinstructors.
c c c c c c c
• Legal vocabulary is identified in boldface type. The key terms are definedin c c c c c c c c c c c c
the margins ofthe text wheretheterms appear. Acomprehensive Glossary is also
c c c c c c c c c c c c c c
included at the end of the book.
c c c c c c c
• Skill Objectivesarelisted atthe beginningofeachchapter,helping
c c c c c c c c c c
students recognize the main points of the chapter.
c c c c c c c c
• FindingItOnlineoffersstudentsthe opportunitytoexplore onlinelegal c c c c c c c c c c
research resources.
c c
• CitationMatters, afeature thatappearsineachchapter,isa brief overview of c c c c c c c c c c c c c
major citation rules affecting legal writing.
c c c c c c
• The Writer’s Corner,a featurein each chapter,focuses onanimportant legal
c c c c c c c c c c c c
writing issue.
c c
• As previouslystated,aninterofficememorandumcalled Fromthe Desk of
c c c c c c c c c c
W. J. Bryan, Esq., opens the text of each chapter. This memorandum serves as
c c c c c c c c c c c c c c
an introductionto the subject matter, encouraging the student to think about the
c c c c c c c c c c c c c
subject matter in a practical setting.
c c c c c c
• Researchchecklists arefoundinseveral chapters,providingaquick, c c c c c c c c c
easy-to-read summary of the material found in the text.
c c c c c c c c c
• Sample pages from an assortment of law books are included in the research c c c c c c c c c c c c
chapters. Practical exercises, found in the section Can You FigureItOut? at
c c c c c c c c c c c c c
the endof the chapters, givestudentsthe opportunityto practice research skills
c c c c c c c c c c c c c
before going to the library.
c c c c c
• Examplesofactualresearchmemorandaappearinappropriate chapters. c c c c c c c c
• AChapter Summaryisincluded in everychapter; itprovidesa short
c c c c c c c c c c c
overview of the major concepts covered in the chapter.
c c c c c c c c c
• BasicQuestionsforReview followthechaptersummary.Thesequestions are c c c c c c c c c c
designed to focus the student on the most important concepts
c c c c c c c c c c
presented inthe chapter. c c c
• Assignments, Activities, and Exercises are included at the end of each chapter. c c c c c c c c c c c
Thesefeaturesincludelibraryresearchproblems,analysisexercises, and writing
c c c c c c c c c c
assignments.
c
• CitationExercises are included atthe endof eachchapter. c c c c c c c c c
• QuestionsFromtheWriter’s Cornerlocated at theend ofthechapter c c c c c c c c c c c
reinforce the material covered in the chapter.
c c c c c c c
• Most chaptersincludea feature called APointto Remember.Thispractical
c c c c c c c c c c c
information is fashioned to help students focus on the skills and concepts
c c c c c c c c c c c c
thatwill helpthemin doinglegal research, writing, andanalysis.
c c c c c c c c c c
• Test Yourself, including Write It Right, allows students to test their own
c c c c c c c c c c c
research and writingskills byprovidinganswers tothe questionsin Appendix
c c c c c c c c c c c c
G.
c
• Appendix B includes several research problems that may be used as a basis c c c c c c c c c c c c
forassignmentsforall chapters,givingstudentstheopportunityto
c c c c c c c c c c
4
c c c c
for
LegalResearch,Analysis,andWriting
c c c c
SixthEdition c
JoanneB. Hames c c
De Anza College
c c
YvonneEkern c
SantaClaraUniversityLawSchool
c c c c
Boston Columbus Indianapolis New York San Francisco
c c c c c c
Amsterdam Cape Town Dubai London Madrid Milan Munich Paris Montreal Toronto
c c c c c c c c c c
c Delhi Mexico City Sao Paulo Sydney Hong Kong Seoul Singapore Taipei Tokyo
c c c c c c c c c c c
1
, ISBN-13: 978-0-13-455984-1 c
ISBN-10: 0-13-455984-3
Table of Contents c c
To the Instructor
c c iv
Syllabi ix
Chapter1: Introduction to Legal Research, Writingand Analysis
c c c c c c c c 1
Chapter2: The StartingPoint: Analyzing Facts and Identifying Legal Issues
c c c c c c c c c c 7
Chapter 3: Finding and Analyzing Case Law
c c c c c c 12
Chapter4: How to Read and Summarize a Case Law Decision
c c c c c c c c c c 20
Chapter5: Constitutions, Statutes, and Administrative Regulations
c c c c c c 27
Chapter 6: Statutoryand Constitutional Analysis
c c c c c 40
Chapter 7: SecondarySources
c c c 48
Chapter 8: Digests
c c 58
Chapter9: Validating Your Research: Using Shepards, Keycite and other Citators
c c c c c c c c c c 65
Chapter10: Introduction to Lexis Advance, Westlaw, & Bloomberg Law
c c c c c c c c c 75
Chapter11:Computer-Assisted LegalResearch(CALR):TheFreelyAccessible Internet 81
c c c c c c c c c c
c Chapter12: Basic Legal Writing Tools
c c c c c 86
Chapter13: The Memorandum of Law: Predictive Legal Writing
c c c c c c c c 90
Chapter 14: Writing to theCourt: Persuasive Writing
c c c c c c c 95
Chapter15: Motion Practice: Research and Writing Issues
c c c c c c c 100
Chapter16: Legal Correspondence
c c c 104
Testbank 123
2
, To the Instructor c c
The Sixth Edition of Legal Research, Analysis, and Writing
c c c c c c c c
When we first wrote Legal Research, Analysis, and Writing, we were convinced that students needed a
c c c c c c c c c c c c c c c
text that integrated research, analysis, and writing skills. We remain convinced of that; therefore, our
c c c c c c c c c c c c c c c
basic approach to the subject matter has not changed. However, legal research materials and the methods
c c c c c c c c c c c c c c c c
of doing legal research have changed considerablyover the past several years. The availabilityof legal
c c c c c c c c c c c c c c c c
resources through the Internet has tremendous influenceon the way research is conducted. No longer are
c c c c c c c c c c c c c c c c
researchers confined to a law library. The widespread use of all forms of computer assisted legal research
c c c c c c c c c c c c c c c c c
requires that legal researchers develop new skills.
c c c c c c c
However, the law has not abandoned the written word and, as any experienced researcher knows, books c c c c c c c c c c c c c c c
are often preferred. The new skills that researchers must develop, therefore, cannot supplant traditional
c c c c c c c c c c c c c c
research skills, but must complement them. As a result, most chapters now contain a section incorporating
c c c c c c c c c c c c c c c c
the availability of legal research materials on the free Internet. We continue to have a chapter introducing
c c c c c c c c c c c c c c c c c
Westtlaw, Lexis Advance, and Bloomberg Law, as well as an overview chapter on Internet research. We
c c c c c c c c c c c c c c c c
have also refined the use of sample pages from print resources. Sincelegal writingcontinues to be asource
c c c c c c c c c c c c c c c c c c c
of concern, wehaveadded asection toeach chapter providng a short writing exercise with suggested
c c c c c c c c c c c c c c c c c
sample answers found in an Appendix to the text.
c c c c c c c c c
PracticalApproach c
Thistext assiststheinstructor in presentingmaterialina practical andrelevant way. Each
c c c c c c c c c c c c c c
chapter opens with a short memorandum From the Desk of W. J.
c c c c c c c c c c c c
Bryan, Esq., that contains a hypothetical factual situation to be researched and
c c c c c c c c c c c
analyzed by a fictional research associate. The memorandum approach helps to
c c c c c c c c c c c
introduce the topic of the chapter and to engage the student’s imagination. Each chapter
c c c c c c c c c c c c c c
contains figures with sample pages from print resources, screen shots fromonline
c c c c c c c c c c c c
sources, or examples of legal writingso asto illustratetext material.
c c c c c c c c c c c c
One feature at the end of the chapter, Can You Figure It Out?, requires students to answer
c c c c c c c c c c c c c c c c
questionsrelated tothese figures. Furthermore,because learningtodo legal research
c c c c c c c c c c c c
requires hands-on experience, at the end of each chapter are research, analysis, citation,
c c c c c c c c c c c c c
and writing exercises. Research assignments can be performed
c c c c c c c c
in a library or, in many cases, online. (Answers to most of these exercises are found in an
c c c c c c c c c c c c c c c c c
Instructor’s Manual.) So that students can build confidence prior to using a library or
c c c c c c c c c c c c c c
online resource, exercises are found in a chapter end feature, Test Yourself. Answers to
c c c c c c c c c c c c c c
selectedresearch problems are foundin Appendix Gto the text.
c c c c c c c c c c c
Each chapter also addresses important writing issues in end-of-chapter features.
c c c c c c c c c
TestYourself also contains asectionentitled“Write It Right.” Here
c c c c c c c c c c c
students find a writingassignment preceded byanexplanation andexample. Suggested answers to
c c c c c c c c c c c c c
the writing assignment are generally provided in Appendix G.
c c c c c c c c c
Thisfeature coversa varietyof legal writingissues.
c c c c c c c c
All chapters also include a Chapter Summary, Terms to Remember, Citation
c c c c c c c c c c
Matters, and QuestionsforReview, as wellas a CaseProject.This section allows
c c c c c c c c c c c c c c
students and instructors to select one hypothetical case (many
c c c c c c c c c
3
, of which are found in Appendices A and B) and to perform some research, analysis, or
c c c c c c c c c c c c c c c
writingprojectin chapters. In this way, studentssee howthe material covered in the
c c c c c c c c c c c c c c c
different chapters is integrated. Questions and problems for
c c c c c c c c
group work, eitherin classor online through the useofdiscussion boards, have been
c c c c c c c c c c c c c c
added.
c
Features
Avarietyoffeatures helps studentsandinstructors.
c c c c c c c
• Legal vocabulary is identified in boldface type. The key terms are definedin c c c c c c c c c c c c
the margins ofthe text wheretheterms appear. Acomprehensive Glossary is also
c c c c c c c c c c c c c c
included at the end of the book.
c c c c c c c
• Skill Objectivesarelisted atthe beginningofeachchapter,helping
c c c c c c c c c c
students recognize the main points of the chapter.
c c c c c c c c
• FindingItOnlineoffersstudentsthe opportunitytoexplore onlinelegal c c c c c c c c c c
research resources.
c c
• CitationMatters, afeature thatappearsineachchapter,isa brief overview of c c c c c c c c c c c c c
major citation rules affecting legal writing.
c c c c c c
• The Writer’s Corner,a featurein each chapter,focuses onanimportant legal
c c c c c c c c c c c c
writing issue.
c c
• As previouslystated,aninterofficememorandumcalled Fromthe Desk of
c c c c c c c c c c
W. J. Bryan, Esq., opens the text of each chapter. This memorandum serves as
c c c c c c c c c c c c c c
an introductionto the subject matter, encouraging the student to think about the
c c c c c c c c c c c c c
subject matter in a practical setting.
c c c c c c
• Researchchecklists arefoundinseveral chapters,providingaquick, c c c c c c c c c
easy-to-read summary of the material found in the text.
c c c c c c c c c
• Sample pages from an assortment of law books are included in the research c c c c c c c c c c c c
chapters. Practical exercises, found in the section Can You FigureItOut? at
c c c c c c c c c c c c c
the endof the chapters, givestudentsthe opportunityto practice research skills
c c c c c c c c c c c c c
before going to the library.
c c c c c
• Examplesofactualresearchmemorandaappearinappropriate chapters. c c c c c c c c
• AChapter Summaryisincluded in everychapter; itprovidesa short
c c c c c c c c c c c
overview of the major concepts covered in the chapter.
c c c c c c c c c
• BasicQuestionsforReview followthechaptersummary.Thesequestions are c c c c c c c c c c
designed to focus the student on the most important concepts
c c c c c c c c c c
presented inthe chapter. c c c
• Assignments, Activities, and Exercises are included at the end of each chapter. c c c c c c c c c c c
Thesefeaturesincludelibraryresearchproblems,analysisexercises, and writing
c c c c c c c c c c
assignments.
c
• CitationExercises are included atthe endof eachchapter. c c c c c c c c c
• QuestionsFromtheWriter’s Cornerlocated at theend ofthechapter c c c c c c c c c c c
reinforce the material covered in the chapter.
c c c c c c c
• Most chaptersincludea feature called APointto Remember.Thispractical
c c c c c c c c c c c
information is fashioned to help students focus on the skills and concepts
c c c c c c c c c c c c
thatwill helpthemin doinglegal research, writing, andanalysis.
c c c c c c c c c c
• Test Yourself, including Write It Right, allows students to test their own
c c c c c c c c c c c
research and writingskills byprovidinganswers tothe questionsin Appendix
c c c c c c c c c c c c
G.
c
• Appendix B includes several research problems that may be used as a basis c c c c c c c c c c c c
forassignmentsforall chapters,givingstudentstheopportunityto
c c c c c c c c c c
4
