Testbank for Legal Research, Analysis, and Writing Sixth Edition Joanne B. Hames De Anza College Yvonne Ekern Santa Clara University Law School

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LegalResearch,Analysis,andWriting
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SixthEdition s




Joanne B. Hamesss ss



De Anza College
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Yvonne Ekern ss



Santa Clara University Law School
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Boston Columbus Indianapolis New Yorkss San Francisco
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, ISBN-13: s s 978-0-13-455984-1
ISBN-10: 0-13-455984-3
Table of Contents ss ss




To the Instructor
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Syllabi ix

Chapter 1: Introduction to Legal Research, Writing and Analysis
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Chapter 2: The Starting Point: Analyzing Facts and Identifying Legal Issues
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Chapter 3: Finding and Analyzing Case Law
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Chapter 4: How to Read and Summarize a Case Law Decision
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Chapter 5: Constitutions, Statutes, and Administrative Regulations
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Chapter 6: Statutory and Constitutional Analysis
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Chapter 7: Secondary Sources
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Chapter 8: Digestsss ss 58

Chapter 9: Validating Your Research: Using Shepards, Keycite and other Citators
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Chapter 10: Introduction to Lexis Advance, Westlaw, & Bloomberg Law 75
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Chapter 11: Computer-Assisted Legal Research (CALR): The Freely Accessible Internet
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81 Chapter 12: Basic Legal Writing Tools
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Chapter 13: The Memorandum of Law: Predictive Legal Writing
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Chapter 14: Writing to the Court: Persuasive Writing
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Chapter 15: Motion Practice: Research and Writing Issues
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Chapter 16: Legal Correspondence
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Testbank 123


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, To the Instructor ss ss




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
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needed a text that integrated research, analysis, and writing skills. We remain convinced of
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that; therefore, our basic approach to the subject matter has not changed. However, legal
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research materials and the methods of doing legal research have changed considerably over the
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past several years. The availability of legal resources through the Internet has tremendous
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influence on the way research is conducted. No longer are researchers confined to a law
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library. The widespread use of all forms of computer assisted legal research requires that legal
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researchers develop new skills.
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However, the law has not abandoned the written word and, as any experienceds s s s s s s s s s s s s s s s s s s s s s ss



researcher knows, books are often preferred. The new skills that researchers must
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develop, therefore, cannot supplant traditional research skills, but must complement
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them. As a result, most chapters now contain a section incorporating the availability of
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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
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research. We have also refined the use of sample pages from print resources. Since
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legal writing continues to be a source of concern, we have added a section to each chapter
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providng a short writing exercise with suggested sample answers found in an Appendix to the
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text.
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PracticalApproach s



This text assists the instructor in presenting material in a practical and relevant
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way. Each chapter opens with a short memorandum From the Desk of W. J.
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s Bryan, Esq., that contains a hypothetical factual situation to be researched
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and analyzed by a fictional research associate. The memorandum
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approach helps to introduce the topic of the chapter and to engage the
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student‘s imagination. Each chapter contains figures with sample pages from
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print resources, screen shots from online sources, or examples of legal writing
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so as to illustrate text material.
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One feature at the end of the chapter, Can You Figure It Out?, requires
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students to answer questions related to these figures. Furthermore, because
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learning to do legal research requires hands-on experience, at the end of each
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chapter are research, analysis, citation, and writing exercises. Research
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assignments can be performed
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in a library or, in many cases, online. (Answers to most of these exercises are
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found in an Instructor‘s Manual.) So that students can build
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confidence prior to using a library or online resource, exercises are found in
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a chapter end feature, Test Yourself. Answers to selected research problems
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are found in Appendix G to the text.
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Each chapter also addresses important writing issues in end-of-chapter
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features. Test Yourself also contains a section entitled ―Write It Right.‖
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Here
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students find a writing assignment preceded by an explanation and example. Suggested
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, ss answers to the writing assignment are generally provided in Appendix G.
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