Online Instructor’s Manual withTestbank
d d d d
for
LegalResearch,Analysis,andWriting
d d d d
Sixth Edition d
Joanne B. Hames d d
De Anza College
d d
Yvonne Ekern d
Santa Clara University Law School
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
d d d d d d d d d
d Toronto Delhi Mexico City Sao Paulo Sydney Hong Kong Seoul Singapore Taipei
d d d d d d d d d d d
d Tokyo
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
Chapter 1: Introduction to Legal Research, Writing and Analysis
d d d d d d d d 1
Chapter 2: The Starting Point: 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
Chapter 4: How to Read and Summarize a Case Law Decision
d d d d d d d d d d 20
Chapter 5: Constitutions, Statutes, and Administrative Regulations
d d d d d d 27
Chapter 6: Statutory and Constitutional Analysis
d d d d d 40
Chapter 7: Secondary Sources
d d d 48
Chapter 8: Digests
d d 58
Chapter 9: Validating Your Research: Using Shepards, Keycite and other Citators
d d d d d d d d d d 65
Chapter 10: Introduction to Lexis Advance, Westlaw, & Bloomberg Law
d d d d d d d d d 75
Chapter 11: Computer-Assisted Legal Research (CALR): The Freely Accessible Internet 81
d d d d d d d d d d
d Chapter 12: Basic Legal Writing Tools
d d d d d 86
Chapter 13: 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
Chapter 15: Motion Practice: Research and Writing Issues
d d d d d d d 100
Chapter 16: 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
d d d d d d d d d d d d d d d
methods of doing legal research have changed considerably over the past several years. The availability
d d d d d d d d d d d d d d d
of legal resources through the Internet has tremendous influence on the way research is conducted. No
d d d d d d d d d d d d d d d d
longer are researchers confined to a law library. The widespread use of all forms of computer assisted
d d d d d d d d d d d d d d d d d
legal research requires that legal researchers develop new skills.
d d 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
d d d d d d d d d d d d d d d
incorporating the availability of legal research materials on the free Internet. We continue to have a
d d d d d d d d d d d d d d d d
chapter introducing Westtlaw, Lexis Advance, and Bloomberg Law, as well as an overview chapter on
d d d d d d d d d d d d d d d
Internet research. We have also refined the use of sample pages from print resources. Since legal
d d d d d d d d d d d d d d d d
writing continues to be a source of concern, we have added a section to each chapter providng a short
d d d d d d d d d d d d d d d d d d d
writing exercise with suggested sample answers found in an Appendix to the text.
d d d 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 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 writing so as to illustrate text 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
d d d d d d d d d d d d d d d
answer questions related to these figures. Furthermore, because learning to do legal
d d d d d d d d d d d d
research requires hands-on experience, at the end of each chapter are research, analysis,
d d d d d d d d d d d d d
citation, and writing exercises. Research assignments can be performed
d 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
d d d d d d d d d d d d d d d d
an Instructor’s Manual.) So that students can build confidence prior to using a library
d d d d d d d d d d d d d d
or online resource, exercises are found in a chapter end feature, Test Yourself.
d d d d d d d d d d d d d
Answers to selected research problems are found in Appendix G to the text.
d d 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
Test Yourself also contains a section entitled “Write It Right.” Here
d d d d d d d d d d d
students find a writing assignment preceded by an explanation and example. 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
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, Citation
d d d d d d d d d d
Matters, and Questions for Review, as well as a Case Project. This section
d d d d d d d d d d d d d
allows students and instructors to select one hypothetical case (many
d 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,
d d d d d d d d d d d d d d
or writing project in chapters. In this way, students see how the material covered in the
d 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, either in class or online through the use of discussion boards, have been
d d d d d d d d d d d d d d
added.
d
Features
A variety of features helps students and instructors.
d d d d d d d
• Legal vocabulary is identified in boldface type. The key terms are defined in
d d d d d d d d d d d d
the margins of the text where the terms appear. A comprehensive Glossary is
d d d d d d d d d d d d d
also included at the end of the book.
d d d d d d d d
• Skill Objectives are listed at the beginning of each chapter, 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
• Finding It Online offers students the opportunity to explore online legal d d d d d d d d d d
research resources.
d d
• Citation Matters, a feature that appears in each chapter, is a 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 feature in each chapter, focuses on an important
d d d d d d d d d d d
legal writing issue.
d d d
• As previously stated, an interoffice memorandum called From the 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
d d d d d d d d d d d d d
as an introduction to the subject matter, encouraging the student to think
d d d d d d d d d d d d
about the subject matter in a practical setting.
d d d d d d d d
• Research checklists are found in several chapters, providing a quick, 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 d d d d d d d d d d d
research chapters. Practical exercises, found in the section Can You Figure
d d d d d d d d d d d
It Out? at the end of the chapters, give students the opportunity to practice
d d d d d d d d d d d d d d
research skills before going to the library.
d d d d d d d
• Examples of actual research memoranda appear in appropriate chapters. d d d d d d d d
• A Chapter Summary is included in every chapter; it provides a 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
• Basic Questions for Review follow the chapter summary. These questions 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 in the chapter. d d d
• Assignments, Activities, and Exercises are included at the end of each d d d d d d d d d d
chapter. These features include library research problems, analysis exercises,
d d d d d d d d d
and writing assignments.
d d d
• Citation Exercises are included at the end of each chapter. d d d d d d d d d
• Questions From the Writer’s Corner located at the end of the chapter 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 chapters include a feature called A Point to Remember. This practical
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
that will help them in doing legal research, writing, and analysis.
d d d d d d d d d d
• Test Yourself, including Write It Right, allows students to test their
d d d d d d d d d d
own research and writing skills by providing answers to the questions in
d d d d d d d d d d d d
Appendix G.
d d
• Appendix B includes several research problems that may be used as a d d d d d d d d d d d
basis for assignments for all chapters, giving students the opportunity to
d d d d d d d d d d d
4
d d d d
for
LegalResearch,Analysis,andWriting
d d d d
Sixth Edition d
Joanne B. Hames d d
De Anza College
d d
Yvonne Ekern d
Santa Clara University Law School
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
d d d d d d d d d
d Toronto Delhi Mexico City Sao Paulo Sydney Hong Kong Seoul Singapore Taipei
d d d d d d d d d d d
d Tokyo
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
Chapter 1: Introduction to Legal Research, Writing and Analysis
d d d d d d d d 1
Chapter 2: The Starting Point: 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
Chapter 4: How to Read and Summarize a Case Law Decision
d d d d d d d d d d 20
Chapter 5: Constitutions, Statutes, and Administrative Regulations
d d d d d d 27
Chapter 6: Statutory and Constitutional Analysis
d d d d d 40
Chapter 7: Secondary Sources
d d d 48
Chapter 8: Digests
d d 58
Chapter 9: Validating Your Research: Using Shepards, Keycite and other Citators
d d d d d d d d d d 65
Chapter 10: Introduction to Lexis Advance, Westlaw, & Bloomberg Law
d d d d d d d d d 75
Chapter 11: Computer-Assisted Legal Research (CALR): The Freely Accessible Internet 81
d d d d d d d d d d
d Chapter 12: Basic Legal Writing Tools
d d d d d 86
Chapter 13: 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
Chapter 15: Motion Practice: Research and Writing Issues
d d d d d d d 100
Chapter 16: 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
d d d d d d d d d d d d d d d
methods of doing legal research have changed considerably over the past several years. The availability
d d d d d d d d d d d d d d d
of legal resources through the Internet has tremendous influence on the way research is conducted. No
d d d d d d d d d d d d d d d d
longer are researchers confined to a law library. The widespread use of all forms of computer assisted
d d d d d d d d d d d d d d d d d
legal research requires that legal researchers develop new skills.
d d 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
d d d d d d d d d d d d d d d
incorporating the availability of legal research materials on the free Internet. We continue to have a
d d d d d d d d d d d d d d d d
chapter introducing Westtlaw, Lexis Advance, and Bloomberg Law, as well as an overview chapter on
d d d d d d d d d d d d d d d
Internet research. We have also refined the use of sample pages from print resources. Since legal
d d d d d d d d d d d d d d d d
writing continues to be a source of concern, we have added a section to each chapter providng a short
d d d d d d d d d d d d d d d d d d d
writing exercise with suggested sample answers found in an Appendix to the text.
d d d 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 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 writing so as to illustrate text 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
d d d d d d d d d d d d d d d
answer questions related to these figures. Furthermore, because learning to do legal
d d d d d d d d d d d d
research requires hands-on experience, at the end of each chapter are research, analysis,
d d d d d d d d d d d d d
citation, and writing exercises. Research assignments can be performed
d 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
d d d d d d d d d d d d d d d d
an Instructor’s Manual.) So that students can build confidence prior to using a library
d d d d d d d d d d d d d d
or online resource, exercises are found in a chapter end feature, Test Yourself.
d d d d d d d d d d d d d
Answers to selected research problems are found in Appendix G to the text.
d d 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
Test Yourself also contains a section entitled “Write It Right.” Here
d d d d d d d d d d d
students find a writing assignment preceded by an explanation and example. 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
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, Citation
d d d d d d d d d d
Matters, and Questions for Review, as well as a Case Project. This section
d d d d d d d d d d d d d
allows students and instructors to select one hypothetical case (many
d 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,
d d d d d d d d d d d d d d
or writing project in chapters. In this way, students see how the material covered in the
d 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, either in class or online through the use of discussion boards, have been
d d d d d d d d d d d d d d
added.
d
Features
A variety of features helps students and instructors.
d d d d d d d
• Legal vocabulary is identified in boldface type. The key terms are defined in
d d d d d d d d d d d d
the margins of the text where the terms appear. A comprehensive Glossary is
d d d d d d d d d d d d d
also included at the end of the book.
d d d d d d d d
• Skill Objectives are listed at the beginning of each chapter, 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
• Finding It Online offers students the opportunity to explore online legal d d d d d d d d d d
research resources.
d d
• Citation Matters, a feature that appears in each chapter, is a 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 feature in each chapter, focuses on an important
d d d d d d d d d d d
legal writing issue.
d d d
• As previously stated, an interoffice memorandum called From the 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
d d d d d d d d d d d d d
as an introduction to the subject matter, encouraging the student to think
d d d d d d d d d d d d
about the subject matter in a practical setting.
d d d d d d d d
• Research checklists are found in several chapters, providing a quick, 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 d d d d d d d d d d d
research chapters. Practical exercises, found in the section Can You Figure
d d d d d d d d d d d
It Out? at the end of the chapters, give students the opportunity to practice
d d d d d d d d d d d d d d
research skills before going to the library.
d d d d d d d
• Examples of actual research memoranda appear in appropriate chapters. d d d d d d d d
• A Chapter Summary is included in every chapter; it provides a 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
• Basic Questions for Review follow the chapter summary. These questions 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 in the chapter. d d d
• Assignments, Activities, and Exercises are included at the end of each d d d d d d d d d d
chapter. These features include library research problems, analysis exercises,
d d d d d d d d d
and writing assignments.
d d d
• Citation Exercises are included at the end of each chapter. d d d d d d d d d
• Questions From the Writer’s Corner located at the end of the chapter 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 chapters include a feature called A Point to Remember. This practical
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
that will help them in doing legal research, writing, and analysis.
d d d d d d d d d d
• Test Yourself, including Write It Right, allows students to test their
d d d d d d d d d d
own research and writing skills by providing answers to the questions in
d d d d d d d d d d d d
Appendix G.
d d
• Appendix B includes several research problems that may be used as a d d d d d d d d d d d
basis for assignments for all chapters, giving students the opportunity to
d d d d d d d d d d d
4
