Online Instructor’s Manual with Testbank
as as as as
for
Legal Research, Analysis, and Writing
as as as as
Sixth Edition as
Joanne B. Hames as as
De Anza College
as as
Yvonne Ekern as
Santa Clara University Law School
as as as as
Boston a s Columbus a s Indianapolis a s New York as a s San Francisco
as
Amsterdam a s Cape Town
as a s Dubai a s London a s Madrid a s Milan a s Munich a s Paris
a s Montreal a s Toronto Delhi as a s Mexico City as a s Sao Paulo as a s Sydney a s Hong Kong as a s Seoul
a s Singapore a s Taipei a s Tokyo
1
, ISBN-13: 978-0-13-455984-1 a s
ISBN-10: 0-13-455984-3
Table of Contents as as
To the Instructor
as as iv
Syllabi ix
Chapter 1: Introduction to Legal Research, Writing and Analysis
as as as as as as as as 1
Chapter 2: The Starting Point: Analyzing Facts and Identifying Legal Issues
as as as as as as as as as as 7
Chapter 3: Finding and Analyzing Case Law
as as as as as as 12
Chapter 4: How to Read and Summarize a Case Law Decision
as as as as as as as as as as 20
Chapter 5: Constitutions, Statutes, and Administrative Regulations
as as as as as as 27
Chapter 6: Statutory and Constitutional Analysis
as as as as as 40
Chapter 7: Secondary Sources
as as as 48
Chapter 8: Digests
as as 58
Chapter 9: Validating Your Research: Using Shepards, Keycite and other Citators
as as as as as as as as as as 65
Chapter 10: Introduction to Lexis Advance, Westlaw, & Bloomberg Law 75
as as as as as as as as as
Chapter 11: Computer-Assisted Legal Research (CALR): The Freely Accessible Internet 81
as as as as as as as as as a s
as Chapter 12: Basic Legal Writing Tools
as as as as as 86
Chapter 13: The Memorandum of Law: Predictive Legal Writing
as as as as as as as as 90
Chapter 14: Writing to the Court: Persuasive Writing
as as as as as as as 95
Chapter 15: Motion Practice: Research and Writing Issues
as as as as as as as 100
Chapter 16: Legal Correspondence
as as as 104
Testbank 123
2
, To the Instructor as as
The Sixth Edition of Legal Research, Analysis, and Writing
as as as as as as as as
When we first wrote Legal Research, Analysis, and Writing, we were convinced that students
as as as as as as as as as as as as as
needed a text that integrated research, analysis, and writing skills. We remain convinced of that;
as as as as as as as as as as as as as as as
therefore, our basic approach to the subject matter has not changed. However, legal research
as as as as as as as as as as as as as as
materials and the methods of doing legal research have changed considerably over the past several
as as as as as as as as as as as as as as as
years. The availability of legal resources through the Internet has tremendous influence on the way
as as as as as as as as as as as as as as as
research is conducted. No longer are researchers confined to a law library. The widespread use of
as as as as as as as as as as as as as as as as
all forms of computer assisted legal research requires that legal researchers develop new skills.
as as as as as as as as as as as as as as
However, the law has not abandoned the written word and, as any experienced researcher knows,
as as as as as as as as as as as as as as
books are often preferred. The new skills that researchers must develop, therefore, cannot
as as as as as as as as as as as as as
supplant traditional research skills, but must complement them. As a result, most chapters now
as as as as as as as as as as as as as as
contain a section incorporating the availability of legal research materials on the free Internet.
as as as as as as as as as as as as as as
We continue to have a chapter introducing Westtlaw, Lexis Advance, and Bloomberg Law, as
a s as as as as as as as as as as as as as
well as an overview chapter on Internet research. We have also refined the use of sample pages
as as as as as as as as a s as as as as as as as as
from print resources. Since legal writing continues to be a source of concern, we have added a
as as as a s as as as as as as as as as as as as as
section to each chapter providng a short writing exercise with suggested sample answers found in
as as as as as as as as as as as as as as as
an Appendix to the text.
as as as as as
Practical Approach as
This text assists the instructor in presenting material in a practical and relevant way.
as as as as as as as as as as as as as
Each chapter opens with a short memorandum From the Desk of W. J.
as as as as as as as as as as as as as
Bryan, Esq., that contains a hypothetical factual situation to be researched and
as as as as as as as as as as as
analyzed by a fictional research associate. The memorandum approach helps to
as as as as as as as as as as as
introduce the topic of the chapter and to engage the student‘s imagination. Each
as as as as as as as as as as as as as
chapter contains figures with sample pages from print resources, screen shots
as as as as as as as as as as as
from online sources, or examples of legal writing so as to illustrate text material.
as as as as as as as as as as as as as as
One feature at the end of the chapter, Can You Figure It Out?, requires students to
as as as as as as as as as as as as as as as
answer questions related to these figures. Furthermore, because learning to do legal
as as as as as as as as as as as as
research requires hands-on experience, at the end of each chapter are research,
as as as as as as as as as as as as
analysis, citation, and writing exercises. Research assignments can be performed
as as as as as as as as as as
in a library or, in many cases, online. (Answers to most of these exercises are
as as as as as as as as as as as as as as
found in an Instructor‘s Manual.) So that students can build confidence prior to
as as as as as as as as as as as as as
using a library or online resource, exercises are found in a chapter end feature,
as as as as as as as as as as as as as as
Test Yourself. Answers to selected research problems are found in Appendix G
as as as as as as as as as as as as
to the text.
as as as
Each chapter also addresses important writing issues in end-of-chapter
as as as as as as as as
features. Test Yourself also contains a section entitled ―Write It Right.‖ Here
as as as as as as as as as as as as
students find a writing assignment preceded by an explanation and example. Suggested
as as as as as as as as as as as
answers to the writing assignment are generally provided in Appendix G.
as as as as as as as as as as as
This feature covers a variety of legal writing issues.
as as as as as as as as
All chapters also include a Chapter Summary, Terms to Remember,
as as as as as as as as as
Citation Matters, and Questions for Review, as well as a Case Project.
as as as as as as as as as as as as
This section allows students and instructors to select one hypothetical case
as as as as as as as as as as as
3
, as (many
4
as as as as
for
Legal Research, Analysis, and Writing
as as as as
Sixth Edition as
Joanne B. Hames as as
De Anza College
as as
Yvonne Ekern as
Santa Clara University Law School
as as as as
Boston a s Columbus a s Indianapolis a s New York as a s San Francisco
as
Amsterdam a s Cape Town
as a s Dubai a s London a s Madrid a s Milan a s Munich a s Paris
a s Montreal a s Toronto Delhi as a s Mexico City as a s Sao Paulo as a s Sydney a s Hong Kong as a s Seoul
a s Singapore a s Taipei a s Tokyo
1
, ISBN-13: 978-0-13-455984-1 a s
ISBN-10: 0-13-455984-3
Table of Contents as as
To the Instructor
as as iv
Syllabi ix
Chapter 1: Introduction to Legal Research, Writing and Analysis
as as as as as as as as 1
Chapter 2: The Starting Point: Analyzing Facts and Identifying Legal Issues
as as as as as as as as as as 7
Chapter 3: Finding and Analyzing Case Law
as as as as as as 12
Chapter 4: How to Read and Summarize a Case Law Decision
as as as as as as as as as as 20
Chapter 5: Constitutions, Statutes, and Administrative Regulations
as as as as as as 27
Chapter 6: Statutory and Constitutional Analysis
as as as as as 40
Chapter 7: Secondary Sources
as as as 48
Chapter 8: Digests
as as 58
Chapter 9: Validating Your Research: Using Shepards, Keycite and other Citators
as as as as as as as as as as 65
Chapter 10: Introduction to Lexis Advance, Westlaw, & Bloomberg Law 75
as as as as as as as as as
Chapter 11: Computer-Assisted Legal Research (CALR): The Freely Accessible Internet 81
as as as as as as as as as a s
as Chapter 12: Basic Legal Writing Tools
as as as as as 86
Chapter 13: The Memorandum of Law: Predictive Legal Writing
as as as as as as as as 90
Chapter 14: Writing to the Court: Persuasive Writing
as as as as as as as 95
Chapter 15: Motion Practice: Research and Writing Issues
as as as as as as as 100
Chapter 16: Legal Correspondence
as as as 104
Testbank 123
2
, To the Instructor as as
The Sixth Edition of Legal Research, Analysis, and Writing
as as as as as as as as
When we first wrote Legal Research, Analysis, and Writing, we were convinced that students
as as as as as as as as as as as as as
needed a text that integrated research, analysis, and writing skills. We remain convinced of that;
as as as as as as as as as as as as as as as
therefore, our basic approach to the subject matter has not changed. However, legal research
as as as as as as as as as as as as as as
materials and the methods of doing legal research have changed considerably over the past several
as as as as as as as as as as as as as as as
years. The availability of legal resources through the Internet has tremendous influence on the way
as as as as as as as as as as as as as as as
research is conducted. No longer are researchers confined to a law library. The widespread use of
as as as as as as as as as as as as as as as as
all forms of computer assisted legal research requires that legal researchers develop new skills.
as as as as as as as as as as as as as as
However, the law has not abandoned the written word and, as any experienced researcher knows,
as as as as as as as as as as as as as as
books are often preferred. The new skills that researchers must develop, therefore, cannot
as as as as as as as as as as as as as
supplant traditional research skills, but must complement them. As a result, most chapters now
as as as as as as as as as as as as as as
contain a section incorporating the availability of legal research materials on the free Internet.
as as as as as as as as as as as as as as
We continue to have a chapter introducing Westtlaw, Lexis Advance, and Bloomberg Law, as
a s as as as as as as as as as as as as as
well as an overview chapter on Internet research. We have also refined the use of sample pages
as as as as as as as as a s as as as as as as as as
from print resources. Since legal writing continues to be a source of concern, we have added a
as as as a s as as as as as as as as as as as as as
section to each chapter providng a short writing exercise with suggested sample answers found in
as as as as as as as as as as as as as as as
an Appendix to the text.
as as as as as
Practical Approach as
This text assists the instructor in presenting material in a practical and relevant way.
as as as as as as as as as as as as as
Each chapter opens with a short memorandum From the Desk of W. J.
as as as as as as as as as as as as as
Bryan, Esq., that contains a hypothetical factual situation to be researched and
as as as as as as as as as as as
analyzed by a fictional research associate. The memorandum approach helps to
as as as as as as as as as as as
introduce the topic of the chapter and to engage the student‘s imagination. Each
as as as as as as as as as as as as as
chapter contains figures with sample pages from print resources, screen shots
as as as as as as as as as as as
from online sources, or examples of legal writing so as to illustrate text material.
as as as as as as as as as as as as as as
One feature at the end of the chapter, Can You Figure It Out?, requires students to
as as as as as as as as as as as as as as as
answer questions related to these figures. Furthermore, because learning to do legal
as as as as as as as as as as as as
research requires hands-on experience, at the end of each chapter are research,
as as as as as as as as as as as as
analysis, citation, and writing exercises. Research assignments can be performed
as as as as as as as as as as
in a library or, in many cases, online. (Answers to most of these exercises are
as as as as as as as as as as as as as as
found in an Instructor‘s Manual.) So that students can build confidence prior to
as as as as as as as as as as as as as
using a library or online resource, exercises are found in a chapter end feature,
as as as as as as as as as as as as as as
Test Yourself. Answers to selected research problems are found in Appendix G
as as as as as as as as as as as as
to the text.
as as as
Each chapter also addresses important writing issues in end-of-chapter
as as as as as as as as
features. Test Yourself also contains a section entitled ―Write It Right.‖ Here
as as as as as as as as as as as as
students find a writing assignment preceded by an explanation and example. Suggested
as as as as as as as as as as as
answers to the writing assignment are generally provided in Appendix G.
as as as as as as as as as as as
This feature covers a variety of legal writing issues.
as as as as as as as as
All chapters also include a Chapter Summary, Terms to Remember,
as as as as as as as as as
Citation Matters, and Questions for Review, as well as a Case Project.
as as as as as as as as as as as as
This section allows students and instructors to select one hypothetical case
as as as as as as as as as as as
3
, as (many
4
