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
D D
The Sixth Edition of Legal Research, Analysis, and Writing
D D D D D D D D
When we first wrote Legal Research, Analysis, and Writing, we were convinced that students
D D D D D D D D D D D D D
needed a text that integrated research, analysis, and writing skills. We remain convinced of that;
D D D D D D D D D D D D D D D
therefore, our basic approach to the subject matter has not changed. However, legal research
D D D D D D D D D D D D D D
materials and the methods of doing legal research have changed considerably over the past
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several years. The availability of legal resources through the Internet has tremendous influence
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on the way research is conducted. No longer are researchers confined to a law library. The
D D D D D D D D D D D D D D D D
widespread use of all forms of computer assisted legal research requires that legal researchers
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develop new skills.
D D D
However, the law has not abandoned the written word and, as any experienced researcher
D D D D D D D D D D D D D
knows, books are often preferred. The new skills that researchers must develop, therefore,
D D D D D D D D D D D D D
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
D D D D D D D D D D D D D D
free Internet. We continue to have a chapter introducing Westtlaw, Lexis Advance, and
D D D D D D D D D D D D D
Bloomberg Law, as well as an overview chapter on Internet research. We have also refined the
D D D D D D D D D D D D D D D D
use of sample pages from print resources. Since legal writing continues to be a source of
D D D D D D D D D D D D D D D D
concern, we have added a section to each chapter providng a short writing exercise with
D D D D D D D D D D D D D D D
suggested sample answers found in an Appendix to the text.
D D D D D D D D D D
Practical Approach D
This text assists the instructor in presenting material in a practical and relevant
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Dway. 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 and
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Danalyzed by a fictional research associate. The memorandum approach helps
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Dto introduce the topic of the chapter and to engage the student’s imagination.
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DEach chapter contains figures with sample pages from print resources, screen
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Dshots from online sources, or examples of legal writing so as to illustrate text
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Dmaterial.
One feature at the end of the chapter, Can You Figure It Out?, requires students
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Dto answer questions related to these figures. Furthermore, because learning to do
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Dlegal research requires hands-on experience, at the end of each chapter are
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Dresearch, analysis, citation, and writing exercises. Research assignments can be
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Dperformed
in a library or, in many cases, online. (Answers to most of these exercises are
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Dfound in an Instructor’s Manual.) So that students can build confidence prior
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Dto using a library or online resource, exercises are found in a chapter end
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Dfeature, Test Yourself. Answers to selected research problems are found in
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DAppendix G to the text. D D D D
Each chapter also addresses important writing issues in end-of-chapter
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Dfeatures. Test Yourself also contains a section entitled “Write It Right.”
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DHere
students find a writing assignment preceded by an explanation and example. Suggested
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Danswers to the writing assignment are generally provided in Appendix G.
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3
, This feature covers a variety of legal writing issues.
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All chapters also include a Chapter Summary, Terms to Remember,
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Citation Matters, and Questions for Review, as well as a Case Project.
D D D D D D D D D D D D
This section allows students and instructors to select one hypothetical case
D D D D D D D D D D D
(many
D
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
D D
The Sixth Edition of Legal Research, Analysis, and Writing
D D D D D D D D
When we first wrote Legal Research, Analysis, and Writing, we were convinced that students
D D D D D D D D D D D D D
needed a text that integrated research, analysis, and writing skills. We remain convinced of that;
D D D D D D D D D D D D D D D
therefore, our basic approach to the subject matter has not changed. However, legal research
D D D D D D D D D D D D D D
materials and the methods of doing legal research have changed considerably over the past
D D D D D D D D D D D D D D
several years. The availability of legal resources through the Internet has tremendous influence
D D D D D D D D D D D D D
on the way research is conducted. No longer are researchers confined to a law library. The
D D D D D D D D D D D D D D D D
widespread use of all forms of computer assisted legal research requires that legal researchers
D D D D D D D D D D D D D D
develop new skills.
D D D
However, the law has not abandoned the written word and, as any experienced researcher
D D D D D D D D D D D D D
knows, books are often preferred. The new skills that researchers must develop, therefore,
D D D D D D D D D D D D D
cannot supplant traditional research skills, but must complement them. As a result, most
D D D D D D D D D D D D D
chapters now contain a section incorporating the availability of legal research materials on the
D D D D D D D D D D D D D D
free Internet. We continue to have a chapter introducing Westtlaw, Lexis Advance, and
D D D D D D D D D D D D D
Bloomberg Law, as well as an overview chapter on Internet research. We have also refined the
D D D D D D D D D D D D D D D D
use of sample pages from print resources. Since legal writing continues to be a source of
D D D D D D D D D D D D D D D D
concern, we have added a section to each chapter providng a short writing exercise with
D D D D D D D D D D D D D D D
suggested sample answers found in an Appendix to the text.
D D D D D D D D D D
Practical Approach D
This text assists the instructor in presenting material in a practical and relevant
D D D D D D D D D D D D
Dway. Each chapter opens with a short memorandum From the Desk of W. J.
D D D D D D D D D D D D D
Bryan, Esq., that contains a hypothetical factual situation to be researched and
D D D D D D D D D D D
Danalyzed by a fictional research associate. The memorandum approach helps
D D D D D D D D D
Dto introduce the topic of the chapter and to engage the student’s imagination.
D D D D D D D D D D D D
DEach chapter contains figures with sample pages from print resources, screen
D D D D D D D D D D
Dshots from online sources, or examples of legal writing so as to illustrate text
D D D D D D D D D D D D D
Dmaterial.
One feature at the end of the chapter, Can You Figure It Out?, requires students
D D D D D D D D D D D D D D
Dto answer questions related to these figures. Furthermore, because learning to do
D D D D D D D D D D D
Dlegal research requires hands-on experience, at the end of each chapter are
D D D D D D D D D D D
Dresearch, analysis, citation, and writing exercises. Research assignments can be
D D D D D D D D D
Dperformed
in a library or, in many cases, online. (Answers to most of these exercises are
D D D D D D D D D D D D D D
Dfound in an Instructor’s Manual.) So that students can build confidence prior
D D D D D D D D D D D
Dto using a library or online resource, exercises are found in a chapter end
D D D D D D D D D D D D D
Dfeature, Test Yourself. Answers to selected research problems are found in
D D D D D D D D D D
DAppendix G to the text. D D D D
Each chapter also addresses important writing issues in end-of-chapter
D D D D D D D D
Dfeatures. Test Yourself also contains a section entitled “Write It Right.”
D D D D D D D D D D
DHere
students find a writing assignment preceded by an explanation and example. Suggested
D D D D D D D D D D D
Danswers to the writing assignment are generally provided in Appendix G.
D D D D D D D D D D
3
, This feature covers a variety of legal writing issues.
D D D D D D D D
All chapters also include a Chapter Summary, Terms to Remember,
D D D D D D D D D
Citation Matters, and Questions for Review, as well as a Case Project.
D D D D D D D D D D D D
This section allows students and instructors to select one hypothetical case
D D D D D D D D D D D
(many
D
4
