Online Instructor’s Manual with Test bank for Legal Research, Analysis, and Writing, Sixth Edition

Online Instructor’s Manual with Testbank
ff ff ff ff



for


Legal Research, Analysis, and Writing
f ff ff ff




Sixth Edition ff




Joanne B. Hames ff ff


De Anza College
ff ff




Yvonne Ekern ff


Santa Clara University Law School
ff ff ff ff




Boston f f Columbus f f Indianapolis f f New York ff f f San Francisco
ff




Amsterdam f f Cape Town
ff f f Dubai f f London f f Madrid f f Milan f f Munich f f Paris

f f Montreal f f Toronto Delhi
ff f f Mexico City ff f f Sao Paulo ff f f Sydney f f Hong Kong ff f f Seoul

f f Singapore f f Taipei f f Tokyo




1

, ISBN-13: 978-0-13-455984-1 ff

ISBN-10: 0-13-455984-3
Table of Contents ff ff


To the Instructor
ff ff iv

Syllabi ix

Chapter 1: Introduction to Legal Research, Writing and Analysis
ff ff ff ff ff ff ff ff 1

Chapter 2: The Starting Point: Analyzing Facts and Identifying Legal Issues
ff ff ff ff ff ff ff ff ff ff 7

Chapter 3: Finding and Analyzing Case Law
ff ff ff ff ff ff 12

Chapter 4: How to Read and Summarize a Case Law Decision
ff ff ff ff ff ff ff ff ff ff 20

Chapter 5: Constitutions, Statutes, and Administrative Regulations
ff ff ff ff ff ff 27

Chapter 6: Statutory and Constitutional Analysis
ff ff ff ff ff 40

Chapter 7: Secondary Sources
ff ff ff 48

Chapter 8: Digests ff ff 58

Chapter 9: Validating Your Research: Using Shepards, Keycite and other Citators
ff ff ff ff ff ff ff ff ff ff 65

Chapter 10: Introduction to Lexis Advance, Westlaw, & Bloomberg Law 75
ff ff ff ff ff ff ff ff ff




Chapter 11: Computer-Assisted Legal Research (CALR): The Freely Accessible Internet
ff ff ff ff ff ff ff ff ff




f f 81 Chapter 12: Basic Legal Writing Tools
ff ff ff ff ff ff 86

Chapter 13: The Memorandum of Law: Predictive Legal Writing
ff ff ff ff ff ff ff ff 90

Chapter 14: Writing to the Court: Persuasive Writing
ff ff ff ff ff ff ff 95

Chapter 15: Motion Practice: Research and Writing Issues
ff ff ff ff ff ff ff 100

Chapter 16: Legal Correspondence
ff ff ff 104

Testbank 123


2

, To the Instructor ff ff




The Sixth Edition of Legal Research, Analysis, and Writing
ff ff ff ff ff ff ff ff


When we first wrote Legal Research, Analysis, and Writing, we were convinced that students
ff ff ff ff ff ff ff ff ff ff ff ff ff


needed a text that integrated research, analysis, and writing skills. We remain convinced of that;
ff ff ff ff ff ff ff ff ff ff ff ff ff ff ff


therefore, our basic approach to the subject matter has not changed. However, legal research
ff ff ff ff ff ff ff ff ff ff ff ff ff ff


materials and the methods of doing legal research have changed considerably over the past
ff ff ff ff ff ff ff ff ff ff ff ff ff ff


several years. The availability of legal resources through the Internet has tremendous influence on
ff ff ff ff ff ff ff ff ff ff ff ff ff ff


the way research is conducted. No longer are researchers confined to a law library. The
ff ff ff ff ff ff ff ff ff ff ff ff ff ff ff


widespread use of all forms of computer assisted legal research requires that legal researchers
ff ff ff ff ff ff ff ff ff ff ff ff ff ff


develop new skills.
ff ff ff


However, the law has not abandoned the written word and, as any experienced researcher knows,
ff ff ff ff ff ff ff ff ff ff ff ff ff ff


books are often preferred. The new skills that researchers must develop, therefore, cannot
ff ff ff ff ff ff ff ff ff ff ff ff ff


supplant traditional research skills, but must complement them. As a result, most chapters now
ff ff ff ff ff ff ff ff ff ff ff ff ff ff


contain a section incorporating the availability of legal research materials on the free Internet.
ff ff ff ff ff ff ff ff ff ff ff ff ff ff


We continue to have a chapter introducing Westtlaw, Lexis Advance, and Bloomberg Law, as
f f ff ff ff ff ff ff ff ff ff ff ff ff ff


well as an overview chapter on Internet research. We have also refined the use of sample pages
ff ff ff ff ff ff ff ff f f ff ff ff ff ff ff ff ff


from print resources. Since legal writing continues to be a source of concern, we have added a
ff ff ff f f ff ff ff ff ff ff ff ff ff ff ff ff ff


section to each chapter providng a short writing exercise with suggested sample answers found
ff ff ff ff ff ff ff ff ff ff ff ff ff ff


in an Appendix to the text.
ff ff ff ff ff ff




Practical Approach ff


This text assists the instructor in presenting material in a practical and relevant
ff ff ff ff ff ff ff ff ff ff ff ff


way. Each chapter opens with a short memorandum From the Desk of W. J.
ff ff ff ff ff ff ff ff ff ff ff ff ff ff


Bryan, Esq., that contains a hypothetical factual situation to be researched and
ff ff ff ff ff ff ff ff ff ff ff


analyzed by a fictional research associate. The memorandum approach helps to
ff ff ff ff ff ff ff ff ff ff ff


introduce the topic of the chapter and to engage the student‘s imagination.
ff ff ff ff ff ff ff ff ff ff ff ff


Each chapter contains figures with sample pages from print resources, screen
ff ff ff ff ff ff ff ff ff ff ff


shots from online sources, or examples of legal writing so as to illustrate text
ff ff ff ff ff ff ff ff ff ff ff ff ff ff


material.
ff


One feature at the end of the chapter, Can You Figure It Out?, requires students
ff ff ff ff ff ff ff ff ff ff ff ff ff ff


to answer questions related to these figures. Furthermore, because learning to do
ff ff ff ff ff ff ff ff ff ff ff ff


legal research requires hands-on experience, at the end of each chapter are
ff ff ff ff ff ff ff ff ff ff ff ff


research, analysis, citation, and writing exercises. Research assignments can be
ff ff ff ff ff ff ff ff ff ff


performed
ff


in a library or, in many cases, online. (Answers to most of these exercises are
ff ff ff ff ff ff ff ff ff ff ff ff ff ff


found in an Instructor‘s Manual.) So that students can build confidence prior
ff ff ff ff ff ff ff ff ff ff ff ff


to using a library or online resource, exercises are found in a chapter end
ff ff ff ff ff ff ff ff ff ff ff ff ff ff


feature, Test Yourself. Answers to selected research problems are found in
ff ff ff ff ff ff ff ff ff ff ff


Appendix G to the text.
ff ff ff ff ff


Each chapter also addresses important writing issues in end-of-chapter
ff ff ff ff ff ff ff ff


features. Test Yourself also contains a section entitled ―Write It Right.‖
ff ff ff ff ff ff ff ff ff ff ff


Here
ff


students find a writing assignment preceded by an explanation and example. Suggested
ff ff ff ff ff ff ff ff ff ff ff


answers to the writing assignment are generally provided in Appendix G.
ff ff ff ff ff ff ff ff ff ff ff




3

, This feature covers a variety of legal writing issues.
ff ff ff ff ff ff ff ff


All chapters also include a Chapter Summary, Terms to Remember,
ff ff ff ff ff ff ff ff ff


Citation Matters, and Questions for Review, as well as a Case Project.
ff ff ff ff ff ff ff ff ff ff ff ff


This section allows students and instructors to select one hypothetical case
ff ff ff ff ff ff ff ff ff ff ff


(many
ff




4