OnlineInstructor’sManualwithTestbank
s s s s
for
LegalResearch,Analysis,andWriting
s s s s
SixthEdition s
Joanne B. Hames s s
De Anza College
s s
Yvonne Ekern s
Santa Clara University Law School
s s s s
Boston Columbus Indianapolis New York San Francisco
s s s s s s
Amsterdam Cape Town Dubai London Madrid Milan Munich Paris Montreal
s s s s s s s s s
s Toronto Delhi Mexico City Sao Paulo Sydney Hong Kong Seoul Singapore Taipei
s s s s s s s s s s s
s Tokyo
1
, ISBN-13: 978-0-13-455984-1 s
ISBN-10: 0-13-455984-3
Table of Contents s s
To the Instructor
s s iv
Syllabi ix
Chapter 1: Introduction to Legal Research, Writing and Analysis
s s s s s s s s 1
Chapter 2: The Starting Point: Analyzing Facts and Identifying Legal Issues
s s s s s s s s s s 7
Chapter 3: Finding and Analyzing Case Law
s s s s s s 12
Chapter 4: How to Read and Summarize a Case Law Decision
s s s s s s s s s s 20
Chapter 5: Constitutions, Statutes, and Administrative Regulations
s s s s s s 27
Chapter 6: Statutory and Constitutional Analysis
s s s s s 40
Chapter 7: Secondary Sources
s s s 48
Chapter 8: Digests
s s 58
Chapter 9: Validating Your Research: Using Shepards, Keycite and other Citators
s s s s s s s s s s 65
Chapter 10: Introduction to Lexis Advance, Westlaw, & Bloomberg Law
s s s s s s s s s 75
Chapter 11: Computer-Assisted Legal Research (CALR): The FreelyAccessible Internet 81
s s s s s s s s s s
s Chapter 12: Basic Legal Writing Tools
s s s s s 86
Chapter 13: The Memorandum of Law: Predictive Legal Writing
s s s s s s s s 90
Chapter 14: Writing to the Court: Persuasive Writing
s s s s s s s 95
Chapter 15: Motion Practice: Research and Writing Issues
s s s s s s s 100
Chapter 16: Legal Correspondence
s s s 104
Testbank 123
2
, To the Instructor s s
The Sixth Edition of Legal Research, Analysis, and Writing
s s s s s s s s
When we first wrote Legal Research, Analysis, and Writing, we were convinced that students needed a
s s s s s s s s s s s s s s s
text that integrated research, analysis, and writing skills. We remain convinced of that; therefore, our
s s s s s s s s s s s s s s s
basic approach to the subject matter has not changed. However, legal research materials and the
s s s s s s s s s s s s s s s
methods of doing legal research have changed considerably over the past several years. The availability
s s s s s s s s s s s s s s s
of legal resources through the Internet has tremendous influence on the way research is conducted. No
s s s s s s s s s s s s s s s s
longer are researchers confined to a law library. The widespread use of all forms of computer assisted
s s s s s s s s s s s s s s s s s
legal research requires that legal researchers develop new skills.
s s s s s s s s s
However, the law has not abandoned the written word and, as any experienced researcher knows, books s s s s s s s s s s s s s s s
are often preferred. The new skills that researchers must develop, therefore, cannot supplant traditional
s s s s s s s s s s s s s s
research skills, but must complement them. As a result, most chapters now contain a section
s s s s s s s s s s s s s s s
incorporating the availability of legal research materials on the free Internet. We continue to have a
s s s s s s s s s s s s s s s s
chapter introducing Westtlaw, Lexis Advance, and Bloomberg Law, as well as an overview chapter on
s s s s s s s s s s s s s s s
Internet research. We have also refined the use of sample pages from print resources. Since legal
s s s s s s s s s s s s s s s s
writing continues to be a source of concern, we have added a section to each chapter providng a short
s s s s s s s s s s s s s s s s s s s
writing exercise with suggested sample answers found in an Appendix to the text.
s s s s s s s s s s s s s
PracticalApproach s
This text assists the instructor in presenting material in a practical and relevant way. Each
s s s s s s s s s s s s s s
chapter opens with a short memorandum From the Desk of W. J.
s s s s s s s s s s s s
Bryan, Esq., that contains a hypothetical factual situation to be researched and
s s s s s s s s s s s
analyzed by a fictional research associate. The memorandum approach helps to
s s s s s s s s s s s
introduce the topic of the chapter and to engage the student’s imagination. Each
s s s s s s s s s s s s s
chapter contains figures with sample pages from print resources, screen shots from
s s s s s s s s s s s s
online sources, or examples of legal writing so as to illustrate text material.
s s s s s s s s s s s s s
One feature at the end of the chapter, Can You Figure It Out?, requires students to answer
s s s s s s s s s s s s s s s s
questions related to these figures. Furthermore, because learning to do legal research
s s s s s s s s s s s s
requires hands-on experience, at the end of each chapter are research, analysis, citation,
s s s s s s s s s s s s s
and writing exercises. Research assignments can be performed
s s s s s s s s
in a library or, in many cases, online. (Answers to most of these exercises are found in
s s s s s s s s s s s s s s s s
an Instructor’s Manual.) So that students can build confidence prior to using a library
s s s s s s s s s s s s s s
or online resource, exercises are found in a chapter end feature, Test Yourself.
s s s s s s s s s s s s s
Answers to selected research problems are found in Appendix G to the text.
s s s s s s s s s s s s s
Each chapter also addresses important writing issues in end-of-chapter features.
s s s s s s s s s
Test Yourself also contains a section entitled “Write It Right.” Here
s s s s s s s s s s s
students find a writing assignment preceded by an explanation and example. Suggested answers to
s s s s s s s s s s s s s
the writing assignment are generally provided in Appendix G.
s s s s s s s s s
This feature covers a variety of legal writing issues.
s s s s s s s s
All chapters also include a Chapter Summary, Terms to Remember, Citation
s s s s s s s s s s
Matters, and Questions for Review, as well as a Case Project. This section
s s s s s s s s s s s s s
allows students and instructors to select one hypothetical case (many
s s s s s s s s s s
3
, of which are found in Appendices A and B) and to perform some research, analysis, or
s s s s s s s s s s s s s s s
writing project in chapters. In this way, students see how the material covered in the
s s s s s s s s s s s s s s s
different chapters is integrated. Questions and problems for
s s s s s s s s
group work, either in class or online through the use of discussion boards, have been
s s s s s s s s s s s s s s
added.
s
Features
A variety of features helps students and instructors.
s s s s s s s
• Legal vocabulary is identified in boldface type. The key terms are defined in
s s s s s s s s s s s s
the margins of the text where the terms appear. A comprehensive Glossary is
s s s s s s s s s s s s s
also included at the end of the book.
s s s s s s s s
• Skill Objectives are listed at the beginning of each chapter, helping
s s s s s s s s s s
students recognize the main points of the chapter.
s s s s s s s s
• Finding It Online offers students the opportunity to explore online legal s s s s s s s s s s
research resources.
s s
• Citation Matters, a feature that appears in each chapter, is a brief overview of s s s s s s s s s s s s s
major citation rules affecting legal writing.
s s s s s s
• The Writer’s Corner, a feature in each chapter, focuses on an important
s s s s s s s s s s s
legal writing issue.
s s s
• As previously stated, an interoffice memorandum called From the Desk of
s s s s s s s s s s
W. J. Bryan, Esq., opens the text of each chapter. This memorandum serves
s s s s s s s s s s s s s
as an introduction to the subject matter, encouraging the student to think
s s s s s s s s s s s s
about the subject matter in a practical setting.
s s s s s s s s
• Research checklists are found in several chapters, providing a quick, s s s s s s s s s
easy-to-read summary of the material found in the text.
s s s s s s s s s
• Sample pages from an assortment of law books are included in the research s s s s s s s s s s s s
chapters. Practical exercises, found in the section Can You Figure It Out? at
s s s s s s s s s s s s s
the end of the chapters, give students the opportunity to practice research
s s s s s s s s s s s s
skills before going to the library.
s s s s s s
• Examples of actual research memoranda appear in appropriate chapters. s s s s s s s s
• A Chapter Summary is included in every chapter; it provides a short
s s s s s s s s s s s
overview of the major concepts covered in the chapter.
s s s s s s s s s
• Basic Questions for Review follow the chapter summary. These questions are
s s s s s s s s s s
designed to focus the student on the most important concepts
s s s s s s s s s s
presented in the chapter. s s s
• Assignments, Activities, and Exercises are included at the end of each s s s s s s s s s s
chapter. These features include library research problems, analysis exercises,
s s s s s s s s s
and writing assignments.
s s s
• Citation Exercises are included at the end of each chapter. s s s s s s s s s
• Questions From the Writer’s Corner located at the end of the chapter s s s s s s s s s s s
reinforce the material covered in the chapter.
s s s s s s s
• Most chapters include a feature called A Point to Remember. This practical
s s s s s s s s s s s
information is fashioned to help students focus on the skills and concepts
s s s s s s s s s s s s
that will help them in doing legal research, writing, and analysis.
s s s s s s s s s s
• Test Yourself, including Write It Right, allows students to test their own
s s s s s s s s s s s
research and writing skills by providing answers to the questions in
s s s s s s s s s s s
Appendix G.
s s
• Appendix B includes several research problems that may be used as a s s s s s s s s s s s
basis for assignments for all chapters, giving students the opportunity to
s s s s s s s s s s s
4
s s s s
for
LegalResearch,Analysis,andWriting
s s s s
SixthEdition s
Joanne B. Hames s s
De Anza College
s s
Yvonne Ekern s
Santa Clara University Law School
s s s s
Boston Columbus Indianapolis New York San Francisco
s s s s s s
Amsterdam Cape Town Dubai London Madrid Milan Munich Paris Montreal
s s s s s s s s s
s Toronto Delhi Mexico City Sao Paulo Sydney Hong Kong Seoul Singapore Taipei
s s s s s s s s s s s
s Tokyo
1
, ISBN-13: 978-0-13-455984-1 s
ISBN-10: 0-13-455984-3
Table of Contents s s
To the Instructor
s s iv
Syllabi ix
Chapter 1: Introduction to Legal Research, Writing and Analysis
s s s s s s s s 1
Chapter 2: The Starting Point: Analyzing Facts and Identifying Legal Issues
s s s s s s s s s s 7
Chapter 3: Finding and Analyzing Case Law
s s s s s s 12
Chapter 4: How to Read and Summarize a Case Law Decision
s s s s s s s s s s 20
Chapter 5: Constitutions, Statutes, and Administrative Regulations
s s s s s s 27
Chapter 6: Statutory and Constitutional Analysis
s s s s s 40
Chapter 7: Secondary Sources
s s s 48
Chapter 8: Digests
s s 58
Chapter 9: Validating Your Research: Using Shepards, Keycite and other Citators
s s s s s s s s s s 65
Chapter 10: Introduction to Lexis Advance, Westlaw, & Bloomberg Law
s s s s s s s s s 75
Chapter 11: Computer-Assisted Legal Research (CALR): The FreelyAccessible Internet 81
s s s s s s s s s s
s Chapter 12: Basic Legal Writing Tools
s s s s s 86
Chapter 13: The Memorandum of Law: Predictive Legal Writing
s s s s s s s s 90
Chapter 14: Writing to the Court: Persuasive Writing
s s s s s s s 95
Chapter 15: Motion Practice: Research and Writing Issues
s s s s s s s 100
Chapter 16: Legal Correspondence
s s s 104
Testbank 123
2
, To the Instructor s s
The Sixth Edition of Legal Research, Analysis, and Writing
s s s s s s s s
When we first wrote Legal Research, Analysis, and Writing, we were convinced that students needed a
s s s s s s s s s s s s s s s
text that integrated research, analysis, and writing skills. We remain convinced of that; therefore, our
s s s s s s s s s s s s s s s
basic approach to the subject matter has not changed. However, legal research materials and the
s s s s s s s s s s s s s s s
methods of doing legal research have changed considerably over the past several years. The availability
s s s s s s s s s s s s s s s
of legal resources through the Internet has tremendous influence on the way research is conducted. No
s s s s s s s s s s s s s s s s
longer are researchers confined to a law library. The widespread use of all forms of computer assisted
s s s s s s s s s s s s s s s s s
legal research requires that legal researchers develop new skills.
s s s s s s s s s
However, the law has not abandoned the written word and, as any experienced researcher knows, books s s s s s s s s s s s s s s s
are often preferred. The new skills that researchers must develop, therefore, cannot supplant traditional
s s s s s s s s s s s s s s
research skills, but must complement them. As a result, most chapters now contain a section
s s s s s s s s s s s s s s s
incorporating the availability of legal research materials on the free Internet. We continue to have a
s s s s s s s s s s s s s s s s
chapter introducing Westtlaw, Lexis Advance, and Bloomberg Law, as well as an overview chapter on
s s s s s s s s s s s s s s s
Internet research. We have also refined the use of sample pages from print resources. Since legal
s s s s s s s s s s s s s s s s
writing continues to be a source of concern, we have added a section to each chapter providng a short
s s s s s s s s s s s s s s s s s s s
writing exercise with suggested sample answers found in an Appendix to the text.
s s s s s s s s s s s s s
PracticalApproach s
This text assists the instructor in presenting material in a practical and relevant way. Each
s s s s s s s s s s s s s s
chapter opens with a short memorandum From the Desk of W. J.
s s s s s s s s s s s s
Bryan, Esq., that contains a hypothetical factual situation to be researched and
s s s s s s s s s s s
analyzed by a fictional research associate. The memorandum approach helps to
s s s s s s s s s s s
introduce the topic of the chapter and to engage the student’s imagination. Each
s s s s s s s s s s s s s
chapter contains figures with sample pages from print resources, screen shots from
s s s s s s s s s s s s
online sources, or examples of legal writing so as to illustrate text material.
s s s s s s s s s s s s s
One feature at the end of the chapter, Can You Figure It Out?, requires students to answer
s s s s s s s s s s s s s s s s
questions related to these figures. Furthermore, because learning to do legal research
s s s s s s s s s s s s
requires hands-on experience, at the end of each chapter are research, analysis, citation,
s s s s s s s s s s s s s
and writing exercises. Research assignments can be performed
s s s s s s s s
in a library or, in many cases, online. (Answers to most of these exercises are found in
s s s s s s s s s s s s s s s s
an Instructor’s Manual.) So that students can build confidence prior to using a library
s s s s s s s s s s s s s s
or online resource, exercises are found in a chapter end feature, Test Yourself.
s s s s s s s s s s s s s
Answers to selected research problems are found in Appendix G to the text.
s s s s s s s s s s s s s
Each chapter also addresses important writing issues in end-of-chapter features.
s s s s s s s s s
Test Yourself also contains a section entitled “Write It Right.” Here
s s s s s s s s s s s
students find a writing assignment preceded by an explanation and example. Suggested answers to
s s s s s s s s s s s s s
the writing assignment are generally provided in Appendix G.
s s s s s s s s s
This feature covers a variety of legal writing issues.
s s s s s s s s
All chapters also include a Chapter Summary, Terms to Remember, Citation
s s s s s s s s s s
Matters, and Questions for Review, as well as a Case Project. This section
s s s s s s s s s s s s s
allows students and instructors to select one hypothetical case (many
s s s s s s s s s s
3
, of which are found in Appendices A and B) and to perform some research, analysis, or
s s s s s s s s s s s s s s s
writing project in chapters. In this way, students see how the material covered in the
s s s s s s s s s s s s s s s
different chapters is integrated. Questions and problems for
s s s s s s s s
group work, either in class or online through the use of discussion boards, have been
s s s s s s s s s s s s s s
added.
s
Features
A variety of features helps students and instructors.
s s s s s s s
• Legal vocabulary is identified in boldface type. The key terms are defined in
s s s s s s s s s s s s
the margins of the text where the terms appear. A comprehensive Glossary is
s s s s s s s s s s s s s
also included at the end of the book.
s s s s s s s s
• Skill Objectives are listed at the beginning of each chapter, helping
s s s s s s s s s s
students recognize the main points of the chapter.
s s s s s s s s
• Finding It Online offers students the opportunity to explore online legal s s s s s s s s s s
research resources.
s s
• Citation Matters, a feature that appears in each chapter, is a brief overview of s s s s s s s s s s s s s
major citation rules affecting legal writing.
s s s s s s
• The Writer’s Corner, a feature in each chapter, focuses on an important
s s s s s s s s s s s
legal writing issue.
s s s
• As previously stated, an interoffice memorandum called From the Desk of
s s s s s s s s s s
W. J. Bryan, Esq., opens the text of each chapter. This memorandum serves
s s s s s s s s s s s s s
as an introduction to the subject matter, encouraging the student to think
s s s s s s s s s s s s
about the subject matter in a practical setting.
s s s s s s s s
• Research checklists are found in several chapters, providing a quick, s s s s s s s s s
easy-to-read summary of the material found in the text.
s s s s s s s s s
• Sample pages from an assortment of law books are included in the research s s s s s s s s s s s s
chapters. Practical exercises, found in the section Can You Figure It Out? at
s s s s s s s s s s s s s
the end of the chapters, give students the opportunity to practice research
s s s s s s s s s s s s
skills before going to the library.
s s s s s s
• Examples of actual research memoranda appear in appropriate chapters. s s s s s s s s
• A Chapter Summary is included in every chapter; it provides a short
s s s s s s s s s s s
overview of the major concepts covered in the chapter.
s s s s s s s s s
• Basic Questions for Review follow the chapter summary. These questions are
s s s s s s s s s s
designed to focus the student on the most important concepts
s s s s s s s s s s
presented in the chapter. s s s
• Assignments, Activities, and Exercises are included at the end of each s s s s s s s s s s
chapter. These features include library research problems, analysis exercises,
s s s s s s s s s
and writing assignments.
s s s
• Citation Exercises are included at the end of each chapter. s s s s s s s s s
• Questions From the Writer’s Corner located at the end of the chapter s s s s s s s s s s s
reinforce the material covered in the chapter.
s s s s s s s
• Most chapters include a feature called A Point to Remember. This practical
s s s s s s s s s s s
information is fashioned to help students focus on the skills and concepts
s s s s s s s s s s s s
that will help them in doing legal research, writing, and analysis.
s s s s s s s s s s
• Test Yourself, including Write It Right, allows students to test their own
s s s s s s s s s s s
research and writing skills by providing answers to the questions in
s s s s s s s s s s s
Appendix G.
s s
• Appendix B includes several research problems that may be used as a s s s s s s s s s s s
basis for assignments for all chapters, giving students the opportunity to
s s s s s s s s s s s
4
