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for
LegalResearch,Analysis,andWriting
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Sixth Edition g
Joanne B. Hames g g
De Anza College
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Yvonne Ekern g
Santa Clara University Law School
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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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g Toronto Delhi Mexico City Sao Paulo Sydney Hong Kong Seoul Singapore Taipei
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g Tokyo
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, ISBN-13: 978-0-13-455984-1 g
ISBN-10: 0-13-455984-3
Table of Contents g g
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: Digests
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Chapter 9: Validating Your Research: Using Shepards, Keycite and other Citators
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Chapter 10: Introduction to Lexis Advance, Westlaw, & Bloomberg Law
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Chapter 11: Computer-Assisted Legal Research (CALR): The Freely Accessible Internet 81
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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 g g
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
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methods of doing legal research have changed considerably over the past several years. The availability
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of legal resources through the Internet has tremendous influence on the way research is conducted. No
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longer are researchers confined to a law library. The widespread use of all forms of computer assisted
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legal research 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 g g g g g g g g g g g g g g g
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
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incorporating the availability of legal research materials on the free Internet. We continue to have a
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chapter introducing Westtlaw, Lexis Advance, and Bloomberg Law, as well as an overview chapter on
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Internet research. We have also refined the use of sample pages from print resources. Since legal
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writing continues to be a source of concern, we have added a section to each chapter providng a short
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writing exercise with suggested sample answers found in an Appendix to the text.
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Practical Approach g
This text assists the instructor in presenting material in a practical and relevant 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 writing so as to illustrate text 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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answer questions related to these figures. Furthermore, because learning to do legal
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research requires hands-on experience, at the end of each chapter are research, analysis,
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citation, 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
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an Instructor‘s Manual.) So that students can build confidence prior to using a library
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or online resource, exercises are found in a chapter end feature, Test Yourself.
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Answers to selected research problems are found in Appendix G to the text.
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Each chapter also addresses important writing issues in end-of-chapter features.
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Test Yourself also contains a section entitled ―Write It Right.‖ Here
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students find a writing assignment preceded by an explanation and example. Suggested answers to
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the writing assignment are generally provided in Appendix G.
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This feature covers a variety of legal writing issues.
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All chapters also include a Chapter Summary, Terms to Remember, Citation
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Matters, and Questions for Review, as well as a Case Project. This section
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allows 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,
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or writing project in chapters. In this way, students see how the material covered in the
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different chapters is integrated. Questions and problems for
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group work, either in class or online through the use of discussion boards, have been
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added.
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Features
A variety of features helps students and instructors.
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• Legal vocabulary is identified in boldface type. The key terms are defined in
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the margins of the text where the terms appear. A comprehensive Glossary is
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also included at the end of the book.
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• Skill Objectives are listed at the beginning of each chapter, helping
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students recognize the main points of the chapter.
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• Finding It Online offers students the opportunity to explore online legal g g g g g g g g g g
research resources.
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• Citation Matters, a feature that appears in each chapter, is a brief overview of g g g g g g g g g g g g g
major citation rules affecting legal writing.
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• The Writer’s Corner, a feature in each chapter, focuses on an important
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legal writing issue.
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• As previously stated, an interoffice memorandum called From the Desk of
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W. J. Bryan, Esq., opens the text of each chapter. This memorandum serves
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as an introduction to the subject matter, encouraging the student to think
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about the subject matter in a practical setting.
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• Research checklists are found in several chapters, providing a quick, g g g g g g g g g
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 g g g g g g g g g g g g
chapters. Practical exercises, found in the section Can You Figure It Out?
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at the end of the chapters, give students the opportunity to practice research
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skills before going to the library.
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• Examples of actual research memoranda appear in appropriate chapters. g g g g g g g g
• A Chapter Summary is included in every chapter; it provides a short
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overview of the major concepts covered in the chapter.
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• Basic Questions for Review follow the chapter summary. These questions are
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designed to focus the student on the most important concepts
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presented in the chapter. g g g
• Assignments, Activities, and Exercises are included at the end of each g g g g g g g g g g
chapter. These features include library research problems, analysis exercises,
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and writing assignments.
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• Citation Exercises are included at the end of each chapter. g g g g g g g g g
• Questions From the Writer’s Corner located at the end of the chapter g g g g g g g g g g g
reinforce the material covered in the chapter.
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• Most chapters include a feature called A Point to Remember. This practical
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information is fashioned to help students focus on the skills and concepts
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that will help them in doing legal research, writing, and analysis.
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• Test Yourself, including Write It Right, allows students to test their
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own research and writing skills by providing answers to the questions in
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Appendix G.
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• Appendix B includes several research problems that may be used as a g g g g g g g g g g g
basis for assignments for all chapters, giving students the opportunity to
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