Online Instructor’s Manual with Testbank
for
Legal Research, Analysis, and Writing
Sixth Edition
Joanne B. Hames
De Anza College
Yvonne Ekern
Santa Clara University Law School
Boston Columbus Indianapolis New York San Francisco
Amsterdam Cape Town Dubai London Madrid Milan Munich Paris Montreal Toronto
Delhi Mexico City Sao Paulo Sydney Hong Kong Seoul Singapore Taipei Tokyo
1
, ISBN-13: 978-0-13-455984-1
ISBN-10: 0-13-455984-3
Table of Contents
To the Instructor iv
Syllabi ix
Chapter 1: Introduction to Legal Research, Writing and Analysis 1
Chapter 2: The Starting Point: Analyzing Facts and Identifying Legal Issues 7
Chapter 3: Finding and Analyzing Case Law 12
Chapter 4: How to Read and Summarize a Case Law Decision 20
Chapter 5: Constitutions, Statutes, and Administrative Regulations 27
Chapter 6: Statutory and Constitutional Analysis 40
Chapter 7: Secondary Sources 48
Chapter 8: Digests 58
Chapter 9: Validating Your Research: Using Shepards, Keycite and other Citators 65
Chapter 10: Introduction to Lexis Advance, Westlaw, & Bloomberg Law 75
Chapter 11: Computer-Assisted Legal Research (CALR): The Freely Accessible Internet 81
Chapter 12: Basic Legal Writing Tools 86
Chapter 13: The Memorandum of Law: Predictive Legal Writing 90
Chapter 14: Writing to the Court: Persuasive Writing 95
Chapter 15: Motion Practice: Research and Writing Issues 100
Chapter 16: Legal Correspondence 104
Testbank 123
2
, To the Instructor
The Sixth Edition of Legal Research, Analysis, and Writing
When we first wrote Legal Research, Analysis, and Writing, we were convinced that students
needed a text that integrated research, analysis, and writing skills. We remain convinced of that;
therefore, our basic approach to the subject matter has not changed. However, legal research
materials and the methods of doing legal research have changed considerably over the past several
years. The availability of legal resources through the Internet has tremendous influence on the way
research is conducted. No longer are researchers confined to a law library. The widespread use of
all forms of computer assisted legal research requires that legal researchers develop new skills.
However, the law has not abandoned the written word and, as any experienced researcher knows,
books are often preferred. The new skills that researchers must develop, therefore, cannot supplant
traditional research skills, but must complement them. As a result, most chapters now contain a
section incorporating the availability of legal research materials on the free Internet. We continue
to have a chapter introducing Westtlaw, Lexis Advance, and Bloomberg Law, as well as an
overview chapter on Internet research. We have also refined the use of sample pages from print
resources. Since legal writing continues to be a source of concern, we have added a section to each
chapter providng a short writing exercise with suggested sample answers found in an Appendix to
the text.
Practical sApproach
This stext sassists sthe sinstructor sin spresenting smaterial sin sa spractical sand srelevant
sway. sEach schapter sopens swith sa sshort smemorandum sFrom sthe sDesk sof sW. sJ.
Bryan, sEsq., sthat scontains sa shypothetical sfactual ssituation sto sbe sresearched
sand sanalyzed sby sa sfictional sresearch sassociate. sThe smemorandum sapproach
shelps sto sintroduce sthe stopic sof sthe schapter sand sto sengage sthe sstudent’s
simagination. sEach schapter scontains sfigures swith ssample spages sfrom sprint
sresources, sscreen sshots sfrom sonline ssources, sor sexamples sof slegal swriting sso
sas sto sillustrate stext smaterial.
One sfeature sat sthe send sof sthe schapter, sCan sYou sFigure sIt sOut?, srequires
sstudents sto sanswer squestions srelated sto sthese sfigures. sFurthermore, sbecause
slearning sto sdo slegal sresearch srequires shands-on sexperience, sat sthe send sof seach
schapter sare sresearch, sanalysis, scitation, sand swriting sexercises. sResearch
sassignments scan sbe sperformed
in sa slibrary sor, sin smany scases, sonline. s(Answers sto smost sof sthese sexercises
sare sfound sin san sInstructor’s sManual.) sSo sthat sstudents scan sbuild sconfidence
sprior sto susing sa slibrary sor sonline sresource, sexercises sare sfound sin sa schapter
send sfeature, sTest sYourself. sAnswers sto sselected sresearch sproblems sare sfound
sin sAppendix sG sto sthe stext.
Each schapter salso saddresses simportant swriting sissues sin send-of-chapter
sfeatures. sTest sYourself salso scontains sa ssection sentitled s“Write sIt sRight.”
sHere
students sfind sa swriting sassignment spreceded sby san sexplanation sand sexample. sSuggested
sanswers sto sthe swriting sassignment sare sgenerally sprovided sin sAppendix sG.
This sfeature scovers sa svariety sof slegal swriting sissues.
3
, All schapters salso sinclude sa sChapter sSummary, sTerms sto sRemember,
sCitation sMatters, sand sQuestions sfor sReview, sas swell sas sa sCase
sProject. sThis ssection sallows sstudents sand sinstructors sto sselect sone
shypothetical scase s(many
4
for
Legal Research, Analysis, and Writing
Sixth Edition
Joanne B. Hames
De Anza College
Yvonne Ekern
Santa Clara University Law School
Boston Columbus Indianapolis New York San Francisco
Amsterdam Cape Town Dubai London Madrid Milan Munich Paris Montreal Toronto
Delhi Mexico City Sao Paulo Sydney Hong Kong Seoul Singapore Taipei Tokyo
1
, ISBN-13: 978-0-13-455984-1
ISBN-10: 0-13-455984-3
Table of Contents
To the Instructor iv
Syllabi ix
Chapter 1: Introduction to Legal Research, Writing and Analysis 1
Chapter 2: The Starting Point: Analyzing Facts and Identifying Legal Issues 7
Chapter 3: Finding and Analyzing Case Law 12
Chapter 4: How to Read and Summarize a Case Law Decision 20
Chapter 5: Constitutions, Statutes, and Administrative Regulations 27
Chapter 6: Statutory and Constitutional Analysis 40
Chapter 7: Secondary Sources 48
Chapter 8: Digests 58
Chapter 9: Validating Your Research: Using Shepards, Keycite and other Citators 65
Chapter 10: Introduction to Lexis Advance, Westlaw, & Bloomberg Law 75
Chapter 11: Computer-Assisted Legal Research (CALR): The Freely Accessible Internet 81
Chapter 12: Basic Legal Writing Tools 86
Chapter 13: The Memorandum of Law: Predictive Legal Writing 90
Chapter 14: Writing to the Court: Persuasive Writing 95
Chapter 15: Motion Practice: Research and Writing Issues 100
Chapter 16: Legal Correspondence 104
Testbank 123
2
, To the Instructor
The Sixth Edition of Legal Research, Analysis, and Writing
When we first wrote Legal Research, Analysis, and Writing, we were convinced that students
needed a text that integrated research, analysis, and writing skills. We remain convinced of that;
therefore, our basic approach to the subject matter has not changed. However, legal research
materials and the methods of doing legal research have changed considerably over the past several
years. The availability of legal resources through the Internet has tremendous influence on the way
research is conducted. No longer are researchers confined to a law library. The widespread use of
all forms of computer assisted legal research requires that legal researchers develop new skills.
However, the law has not abandoned the written word and, as any experienced researcher knows,
books are often preferred. The new skills that researchers must develop, therefore, cannot supplant
traditional research skills, but must complement them. As a result, most chapters now contain a
section incorporating the availability of legal research materials on the free Internet. We continue
to have a chapter introducing Westtlaw, Lexis Advance, and Bloomberg Law, as well as an
overview chapter on Internet research. We have also refined the use of sample pages from print
resources. Since legal writing continues to be a source of concern, we have added a section to each
chapter providng a short writing exercise with suggested sample answers found in an Appendix to
the text.
Practical sApproach
This stext sassists sthe sinstructor sin spresenting smaterial sin sa spractical sand srelevant
sway. sEach schapter sopens swith sa sshort smemorandum sFrom sthe sDesk sof sW. sJ.
Bryan, sEsq., sthat scontains sa shypothetical sfactual ssituation sto sbe sresearched
sand sanalyzed sby sa sfictional sresearch sassociate. sThe smemorandum sapproach
shelps sto sintroduce sthe stopic sof sthe schapter sand sto sengage sthe sstudent’s
simagination. sEach schapter scontains sfigures swith ssample spages sfrom sprint
sresources, sscreen sshots sfrom sonline ssources, sor sexamples sof slegal swriting sso
sas sto sillustrate stext smaterial.
One sfeature sat sthe send sof sthe schapter, sCan sYou sFigure sIt sOut?, srequires
sstudents sto sanswer squestions srelated sto sthese sfigures. sFurthermore, sbecause
slearning sto sdo slegal sresearch srequires shands-on sexperience, sat sthe send sof seach
schapter sare sresearch, sanalysis, scitation, sand swriting sexercises. sResearch
sassignments scan sbe sperformed
in sa slibrary sor, sin smany scases, sonline. s(Answers sto smost sof sthese sexercises
sare sfound sin san sInstructor’s sManual.) sSo sthat sstudents scan sbuild sconfidence
sprior sto susing sa slibrary sor sonline sresource, sexercises sare sfound sin sa schapter
send sfeature, sTest sYourself. sAnswers sto sselected sresearch sproblems sare sfound
sin sAppendix sG sto sthe stext.
Each schapter salso saddresses simportant swriting sissues sin send-of-chapter
sfeatures. sTest sYourself salso scontains sa ssection sentitled s“Write sIt sRight.”
sHere
students sfind sa swriting sassignment spreceded sby san sexplanation sand sexample. sSuggested
sanswers sto sthe swriting sassignment sare sgenerally sprovided sin sAppendix sG.
This sfeature scovers sa svariety sof slegal swriting sissues.
3
, All schapters salso sinclude sa sChapter sSummary, sTerms sto sRemember,
sCitation sMatters, sand sQuestions sfor sReview, sas swell sas sa sCase
sProject. sThis ssection sallows sstudents sand sinstructors sto sselect sone
shypothetical scase s(many
4
