OnlineInstructor’sManualwithTestbank
d d d d
for
LegalResearch,Analysis,andWriting
d d d d
SixthEdition d
JoanneB. Hames d d
De Anza College
d d
YvonneEkern d
SantaClaraUniversityLawSchool
d d d d
Boston Columbus Indianapolis New York San Francisco
d d d d d d
Amsterdam Cape Town Dubai London Madrid Milan Munich Paris Montreal Toronto
d d d d d d d d d d
d Delhi Mexico City Sao Paulo Sydney Hong Kong Seoul Singapore Taipei Tokyo
d d d d d d d d d d d
1
, ISBN-13: 978-0-13-455984-1 d
ISBN-10: 0-13-455984-3
Table of Contents d d
To the Instructor
d d iv
Syllabi ix
Chapter1: Introduction to Legal Research, Writing and Analysis
d d d d d d d d 1
Chapter2: The StartingPoint: Analyzing Facts and Identifying Legal Issues
d d d d d d d d d d 7
Chapter 3: Finding and Analyzing Case Law
d d d d d d 12
Chapter4: How to Read and Summarize a Case Law Decision
d d d d d d d d d d 20
Chapter5: Constitutions, Statutes, and Administrative Regulations
d d d d d d 27
Chapter 6: Statutoryand Constitutional Analysis
d d d d d 40
Chapter 7: SecondarySources
d d d 48
Chapter 8: Digests
d d 58
Chapter9: Validating Your Research: Using Shepards, Keycite and other Citators
d d d d d d d d d d 65
Chapter10: Introduction to Lexis Advance, Westlaw, & Bloomberg Law
d d d d d d d d d 75
Chapter11: Computer-Assisted LegalResearch (CALR):The FreelyAccessible Internet 81
d d d d d d d d d d
dChapter12: Basic Legal Writing Tools
d d d d d 86
Chapter13: The Memorandum of Law: Predictive Legal Writing
d d d d d d d d 90
Chapter 14: Writing to the Court: Persuasive Writing
d d d d d d d 95
Chapter15: Motion Practice: Research and Writing Issues
d d d d d d d 100
Chapter16: Legal Correspondence
d d d 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 needed a
d d d d d d d d d d d d d d d
text that integrated research, analysis, and writing skills. We remain convinced of that; therefore, our
d d d d d d d d d d d d d d d
basic approach to the subject matter has not changed. However, legal research materials and the methods
d d d d d d d d d d d d d d d d
of doing legal research have changed considerablyover the past several years. The availabilityof legal
d d d d d d d d d d d d d d d d
resources through the Internet has tremendous influenceon the way research is conducted. No longer are
d d d d d d d d d d d d d d d d
researchers confined to a law library. The widespread use of all forms of computer assisted legal research
d d d d d d d d d d d d d d d d d
requires that legal researchers develop new skills.
d d d d d d d
However, the law has not abandoned the written word and, as any experienced researcher knows, books d d d d d d d d d d d d d d d
are often preferred. The new skills that researchers must develop, therefore, cannot supplant traditional
d d d d d d d d d d d d d d
research skills, but must complement them. As a result, most chapters now contain a section incorporating
d d d d d d d d d d d d d d d d
the availability of legal research materials on the free Internet. We continue to have a chapter introducing
d d d d d d d d d d d d d d d d d
Westtlaw, Lexis Advance, and Bloomberg Law, as well as an overview chapter on Internet research. We
d d d d d d d d d d d d d d d d
have also refined the use of sample pages from print resources. Sincelegal writingcontinues to be asource
d d d d d d d d d d d d d d d d d d d
of concern, wehaveadded asection to each chapter providng a short writing exercise with suggested
d d d d d d d d d d d d d d d d d
sample answers found in an Appendix to the text.
d d d d d d d d d
PracticalApproach d
Thistext assiststheinstructor in presentingmaterialina practical andrelevant way. Each
d d d d d d d d d d d d d d
chapter opens with a short memorandum From the Desk of W. J.
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
analyzed by a fictional research associate. The memorandum approach helps to
d d d d d d d d d d d
introduce the topic of the chapter and to engage the student’s imagination. Each
d d d d d d d d d d d d d
chapter contains figures with sample pages from print resources, screen shots from
d d d d d d d d d d d d
online sources, or examples of legal writingso asto illustratetext material.
d d d d d d d d d d d d d
One feature at the end of the chapter, Can You Figure It Out?, requires students to answer
d d d d d d d d d d d d d d d d
questionsrelated tothese figures. Furthermore,because learningtodo legal research
d d d d d d d d d d d d
requires hands-on experience, at the end of each chapter are research, analysis, citation,
d d d d d d d d d d d d d
and writing exercises. Research assignments can be performed
d d d d d d d d
in a library or, in many cases, online. (Answers to most of these exercises are found in an
d d d d d d d d d d d d d d d d d
Instructor’s Manual.) So that students can build confidence prior to using a library or
d d d d d d d d d d d d d d
online resource, exercises are found in a chapter end feature, Test Yourself. Answers to
d d d d d d d d d d d d d d
selectedresearch problems are foundin Appendix Gto the text.
d d d d d d d d d d d
Each chapter also addresses important writing issues in end-of-chapter features.
d d d d d d d d d
TestYourself also contains asectionentitled“Write It Right.” Here
d d d d d d d d d d d
students find a writingassignment preceded byanexplanation andexample. Suggested answers to
d d d d d d d d d d d d d
the writing assignment are generally provided in Appendix G.
d d d d d d d d d
Thisfeature coversa varietyof legal writingissues.
d d d d d d d d
All chapters also include a Chapter Summary, Terms to Remember, Citation
d d d d d d d d d d
Matters, and Questionsfor Review, as wellas a CaseProject.This section allows
d d d d d d d d d d d d d d
students and instructors to select one hypothetical case (many
d d d d d d d d d
3
, of which are found in Appendices A and B) and to perform some research, analysis, or
d d d d d d d d d d d d d d d
writingprojectin chapters. In this way, studentssee howthematerial covered in the
d d d d d d d d d d d d d d d
different chapters is integrated. Questions and problems for
d d d d d d d d
group work, eitherin classor online through the useofdiscussion boards, have been
d d d d d d d d d d d d d d
added.
d
Features
Avarietyoffeatures helps students andinstructors.
d d d d d d d
• Legal vocabulary is identified in boldface type. The key terms are definedin
d d d d d d d d d d d d
the margins ofthe text wheretheterms appear. Acomprehensive Glossary is also
d d d d d d d d d d d d d d
included at the end of the book.
d d d d d d d
• Skill Objectivesarelisted atthe beginningofeachchapter,helping
d d d d d d d d d d
students recognize the main points of the chapter.
d d d d d d d d
• FindingItOnlineoffersstudents the opportunitytoexplore onlinelegal d d d d d d d d d d
research resources.
d d
• CitationMatters, afeature thatappearsineachchapter,isa brief overview of d d d d d d d d d d d d d
major citation rules affecting legal writing.
d d d d d d
• The Writer’s Corner,a featurein each chapter,focuses onanimportant legal
d d d d d d d d d d d d
writing issue.
d d
• As previouslystated,aninteroffice memorandumcalled Fromthe Desk of
d d d d d d d d d d
W. J. Bryan, Esq., opens the text of each chapter. This memorandum serves as
d d d d d d d d d d d d d d
an introduction to the subject matter, encouraging the student to think about the
d d d d d d d d d d d d d
subject matter in a practical setting.
d d d d d d
• Researchchecklists arefoundinseveral chapters,providingaquick, d d d d d d d d d
easy-to-read summary of the material found in the text.
d d d d d d d d d
• Sample pages from an assortment of law books are included in the research d d d d d d d d d d d d
chapters. Practical exercises, found in the section Can You FigureItOut? at
d d d d d d d d d d d d d
the endof the chapters, give studentsthe opportunityto practice research skills
d d d d d d d d d d d d d
before going to the library.
d d d d d
• Examplesofactualresearch memorandaappearinappropriate chapters. d d d d d d d d
• AChapter Summaryisincluded in everychapter; itprovidesa short
d d d d d d d d d d d
overview of the major concepts covered in the chapter.
d d d d d d d d d
• BasicQuestionsfor Review followthechaptersummary.Thesequestions are
d d d d d d d d d d
designed to focus the student on the most important concepts
d d d d d d d d d d
presented inthe chapter. d d d
• Assignments, Activities, and Exercises are included at the end of each chapter. d d d d d d d d d d d
Thesefeaturesincludelibraryresearchproblems,analysisexercises, and writing
d d d d d d d d d d
assignments.
d
• CitationExercises are included atthe endof eachchapter. d d d d d d d d d
• QuestionsFromtheWriter’s Cornerlocated at theend ofthechapter d d d d d d d d d d d
reinforce the material covered in the chapter.
d d d d d d d
• Most chaptersincludea feature called APointto Remember.Thispractical
d d d d d d d d d d d
information is fashioned to help students focus on the skills and concepts
d d d d d d d d d d d d
thatwill helpthemin doinglegal research, writing, andanalysis.
d d d d d d d d d d
• Test Yourself, including Write It Right, allows students to test their own
d d d d d d d d d d d
research and writingskills byprovidinganswers to the questionsin Appendix
d d d d d d d d d d d d
G.
d
• Appendix B includes several research problems that may be used as a basis d d d d d d d d d d d d
forassignmentsforall chapters,givingstudentstheopportunityto
d d d d d d d d d d
4
d d d d
for
LegalResearch,Analysis,andWriting
d d d d
SixthEdition d
JoanneB. Hames d d
De Anza College
d d
YvonneEkern d
SantaClaraUniversityLawSchool
d d d d
Boston Columbus Indianapolis New York San Francisco
d d d d d d
Amsterdam Cape Town Dubai London Madrid Milan Munich Paris Montreal Toronto
d d d d d d d d d d
d Delhi Mexico City Sao Paulo Sydney Hong Kong Seoul Singapore Taipei Tokyo
d d d d d d d d d d d
1
, ISBN-13: 978-0-13-455984-1 d
ISBN-10: 0-13-455984-3
Table of Contents d d
To the Instructor
d d iv
Syllabi ix
Chapter1: Introduction to Legal Research, Writing and Analysis
d d d d d d d d 1
Chapter2: The StartingPoint: Analyzing Facts and Identifying Legal Issues
d d d d d d d d d d 7
Chapter 3: Finding and Analyzing Case Law
d d d d d d 12
Chapter4: How to Read and Summarize a Case Law Decision
d d d d d d d d d d 20
Chapter5: Constitutions, Statutes, and Administrative Regulations
d d d d d d 27
Chapter 6: Statutoryand Constitutional Analysis
d d d d d 40
Chapter 7: SecondarySources
d d d 48
Chapter 8: Digests
d d 58
Chapter9: Validating Your Research: Using Shepards, Keycite and other Citators
d d d d d d d d d d 65
Chapter10: Introduction to Lexis Advance, Westlaw, & Bloomberg Law
d d d d d d d d d 75
Chapter11: Computer-Assisted LegalResearch (CALR):The FreelyAccessible Internet 81
d d d d d d d d d d
dChapter12: Basic Legal Writing Tools
d d d d d 86
Chapter13: The Memorandum of Law: Predictive Legal Writing
d d d d d d d d 90
Chapter 14: Writing to the Court: Persuasive Writing
d d d d d d d 95
Chapter15: Motion Practice: Research and Writing Issues
d d d d d d d 100
Chapter16: Legal Correspondence
d d d 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 needed a
d d d d d d d d d d d d d d d
text that integrated research, analysis, and writing skills. We remain convinced of that; therefore, our
d d d d d d d d d d d d d d d
basic approach to the subject matter has not changed. However, legal research materials and the methods
d d d d d d d d d d d d d d d d
of doing legal research have changed considerablyover the past several years. The availabilityof legal
d d d d d d d d d d d d d d d d
resources through the Internet has tremendous influenceon the way research is conducted. No longer are
d d d d d d d d d d d d d d d d
researchers confined to a law library. The widespread use of all forms of computer assisted legal research
d d d d d d d d d d d d d d d d d
requires that legal researchers develop new skills.
d d d d d d d
However, the law has not abandoned the written word and, as any experienced researcher knows, books d d d d d d d d d d d d d d d
are often preferred. The new skills that researchers must develop, therefore, cannot supplant traditional
d d d d d d d d d d d d d d
research skills, but must complement them. As a result, most chapters now contain a section incorporating
d d d d d d d d d d d d d d d d
the availability of legal research materials on the free Internet. We continue to have a chapter introducing
d d d d d d d d d d d d d d d d d
Westtlaw, Lexis Advance, and Bloomberg Law, as well as an overview chapter on Internet research. We
d d d d d d d d d d d d d d d d
have also refined the use of sample pages from print resources. Sincelegal writingcontinues to be asource
d d d d d d d d d d d d d d d d d d d
of concern, wehaveadded asection to each chapter providng a short writing exercise with suggested
d d d d d d d d d d d d d d d d d
sample answers found in an Appendix to the text.
d d d d d d d d d
PracticalApproach d
Thistext assiststheinstructor in presentingmaterialina practical andrelevant way. Each
d d d d d d d d d d d d d d
chapter opens with a short memorandum From the Desk of W. J.
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
analyzed by a fictional research associate. The memorandum approach helps to
d d d d d d d d d d d
introduce the topic of the chapter and to engage the student’s imagination. Each
d d d d d d d d d d d d d
chapter contains figures with sample pages from print resources, screen shots from
d d d d d d d d d d d d
online sources, or examples of legal writingso asto illustratetext material.
d d d d d d d d d d d d d
One feature at the end of the chapter, Can You Figure It Out?, requires students to answer
d d d d d d d d d d d d d d d d
questionsrelated tothese figures. Furthermore,because learningtodo legal research
d d d d d d d d d d d d
requires hands-on experience, at the end of each chapter are research, analysis, citation,
d d d d d d d d d d d d d
and writing exercises. Research assignments can be performed
d d d d d d d d
in a library or, in many cases, online. (Answers to most of these exercises are found in an
d d d d d d d d d d d d d d d d d
Instructor’s Manual.) So that students can build confidence prior to using a library or
d d d d d d d d d d d d d d
online resource, exercises are found in a chapter end feature, Test Yourself. Answers to
d d d d d d d d d d d d d d
selectedresearch problems are foundin Appendix Gto the text.
d d d d d d d d d d d
Each chapter also addresses important writing issues in end-of-chapter features.
d d d d d d d d d
TestYourself also contains asectionentitled“Write It Right.” Here
d d d d d d d d d d d
students find a writingassignment preceded byanexplanation andexample. Suggested answers to
d d d d d d d d d d d d d
the writing assignment are generally provided in Appendix G.
d d d d d d d d d
Thisfeature coversa varietyof legal writingissues.
d d d d d d d d
All chapters also include a Chapter Summary, Terms to Remember, Citation
d d d d d d d d d d
Matters, and Questionsfor Review, as wellas a CaseProject.This section allows
d d d d d d d d d d d d d d
students and instructors to select one hypothetical case (many
d d d d d d d d d
3
, of which are found in Appendices A and B) and to perform some research, analysis, or
d d d d d d d d d d d d d d d
writingprojectin chapters. In this way, studentssee howthematerial covered in the
d d d d d d d d d d d d d d d
different chapters is integrated. Questions and problems for
d d d d d d d d
group work, eitherin classor online through the useofdiscussion boards, have been
d d d d d d d d d d d d d d
added.
d
Features
Avarietyoffeatures helps students andinstructors.
d d d d d d d
• Legal vocabulary is identified in boldface type. The key terms are definedin
d d d d d d d d d d d d
the margins ofthe text wheretheterms appear. Acomprehensive Glossary is also
d d d d d d d d d d d d d d
included at the end of the book.
d d d d d d d
• Skill Objectivesarelisted atthe beginningofeachchapter,helping
d d d d d d d d d d
students recognize the main points of the chapter.
d d d d d d d d
• FindingItOnlineoffersstudents the opportunitytoexplore onlinelegal d d d d d d d d d d
research resources.
d d
• CitationMatters, afeature thatappearsineachchapter,isa brief overview of d d d d d d d d d d d d d
major citation rules affecting legal writing.
d d d d d d
• The Writer’s Corner,a featurein each chapter,focuses onanimportant legal
d d d d d d d d d d d d
writing issue.
d d
• As previouslystated,aninteroffice memorandumcalled Fromthe Desk of
d d d d d d d d d d
W. J. Bryan, Esq., opens the text of each chapter. This memorandum serves as
d d d d d d d d d d d d d d
an introduction to the subject matter, encouraging the student to think about the
d d d d d d d d d d d d d
subject matter in a practical setting.
d d d d d d
• Researchchecklists arefoundinseveral chapters,providingaquick, d d d d d d d d d
easy-to-read summary of the material found in the text.
d d d d d d d d d
• Sample pages from an assortment of law books are included in the research d d d d d d d d d d d d
chapters. Practical exercises, found in the section Can You FigureItOut? at
d d d d d d d d d d d d d
the endof the chapters, give studentsthe opportunityto practice research skills
d d d d d d d d d d d d d
before going to the library.
d d d d d
• Examplesofactualresearch memorandaappearinappropriate chapters. d d d d d d d d
• AChapter Summaryisincluded in everychapter; itprovidesa short
d d d d d d d d d d d
overview of the major concepts covered in the chapter.
d d d d d d d d d
• BasicQuestionsfor Review followthechaptersummary.Thesequestions are
d d d d d d d d d d
designed to focus the student on the most important concepts
d d d d d d d d d d
presented inthe chapter. d d d
• Assignments, Activities, and Exercises are included at the end of each chapter. d d d d d d d d d d d
Thesefeaturesincludelibraryresearchproblems,analysisexercises, and writing
d d d d d d d d d d
assignments.
d
• CitationExercises are included atthe endof eachchapter. d d d d d d d d d
• QuestionsFromtheWriter’s Cornerlocated at theend ofthechapter d d d d d d d d d d d
reinforce the material covered in the chapter.
d d d d d d d
• Most chaptersincludea feature called APointto Remember.Thispractical
d d d d d d d d d d d
information is fashioned to help students focus on the skills and concepts
d d d d d d d d d d d d
thatwill helpthemin doinglegal research, writing, andanalysis.
d d d d d d d d d d
• Test Yourself, including Write It Right, allows students to test their own
d d d d d d d d d d d
research and writingskills byprovidinganswers to the questionsin Appendix
d d d d d d d d d d d d
G.
d
• Appendix B includes several research problems that may be used as a basis d d d d d d d d d d d d
forassignmentsforall chapters,givingstudentstheopportunityto
d d d d d d d d d d
4
