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for
LegalResearch,Analysis,andWriting
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SixthEdition b
JoanneB. Hames b b
De Anza College
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YvonneEkern b
SantaClara UniversityLawSchool
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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
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b Toronto Delhi Mexico City Sao Paulo Sydney Hong Kong Seoul Singapore Taipei
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b Tokyo
1
, ISBN-13: 978-0-13-455984-1 b
ISBN-10: 0-13-455984-3
Table of b
Contents
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To the Instructor
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Syllabi ix
Chapter1: Introduction to Legal Research, Writingand 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: Digestsb b 58
Chapter9: Validating Your Research: Using Shepards, Keycite and otherCitators
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Chapter10: Introduction to Lexis Advance, Westlaw, & Bloomberg Law 75
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Chapter11: Computer-Assisted LegalResearch (CALR): The FreelyAccessible Internet
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b 81 Chapter12: 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 b b
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 that;
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therefore, our basic approach to the subject matter has not changed. However, legal research
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materials and the methods of doing legal research have changed considerablyover the past
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several years. The availabilityof legal resources through the Internet hastremendous influence
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on the way research is conducted. No longer are researchers confined to a law library. The
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widespread use of all forms of computer assisted legal research requires that legal researchers
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develop new skills.
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However, the law has not abandoned the written word and, as any experienced researcher b b b b b b b b b b b b b
knows, books are often preferred. The new skills that researchers must develop, therefore,
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cannot supplant traditional research skills, but must complement them. As a result, most
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chapters now contain a section incorporating the availability of legal research materials on the
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free Internet. We continue to have a chapter introducing Westtlaw, Lexis Advance, and
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Bloomberg Law, as well as an overview chapter on Internet research. We have also refined the
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use of sample pages from print resources. Sincelegal writingcontinues to be a sourceof
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concern, wehave added asection to each chapter providng a short writing exercise with
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suggested sample answers found in an Appendix to the text.
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PracticalApproach b
This text assiststhe instructor in presentingmaterialin a practical and relevant way.
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Each 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
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and analyzed by a fictional research associate. The memorandum approach
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helps to introduce the topic of the chapter and to engage the student’s
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imagination. Each chapter contains figures with sample pages from print
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resources, screen shots fromonline sources, or examples of legal writingso as
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to illustratetext material.
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One feature at the end of the chapter, Can You Figure It Out?, requires students to
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answerquestionsrelated tothese figures. Furthermore,because learningtodo
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legal research requires hands-on experience, at the end of each chapter are
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research, analysis, citation, and writing exercises. Research assignments can be
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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 confidence prior to
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using a library or online resource, exercises are found in a chapter end feature,
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Test Yourself. Answers to selectedresearch problems are foundin Appendix G
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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 asectionentitled“Write It Right.” Here
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students find a writingassignment preceded byanexplanation andexample. Suggested b b b b b b b b b b b
answers to the writing assignment are generally provided in Appendix G.
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Thisfeature coversa varietyof legal writing issues.
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