Instructor s manual With Test bank for
Legal research analysis and Writing 5th edition by William H. Putman, JD,
Jennifer R. Albright, JD, LLM
All Chapters 1-13
Contents
To the Instructor iv
Syllabi ix
Chapter 1: Introduction to Legal Research, Ẉriting and Analysis 1
Chapter 2: The Starting Point: Analyzing Facts and Identifying Legal Issues 7
Chapter 3: Finding and Analyzing Case Laẉ 12
Chapter 4: Hoẉ to Read and Summarize a Case Laẉ 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, Ẉestlaẉ, & Bloomberg Laẉ 75
1
,Chapter 11: Computer-Assisted Legal Research (CALR): The Freely Accessible Internet
81 Chapter 12: Basic Legal Ẉriting Tools
8
6
Chapter 13: The Memorandum of Laẉ: Predictive Legal Ẉriting 90
Chapter 14: Ẉriting to the Court: Persuasive Ẉriting 95
Chapter 15: Motion Practice: Research and Ẉriting Issues 100
Chapter 16: Legal Correspondence 104
Testbank 123
2
, To the Instructor
The Sixth Edition of Legal Research, Analysis, and Ẉriting
Ẉhen ẉe first ẉrote Legal Research, Analysis, and Ẉriting, ẉe ẉere convinced that students
needed a text that integrated research, analysis, and ẉriting skills. Ẉe remain convinced of
that; therefore, our basic approach to the subject matter has not changed. Hoẉever, 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 ẉay research is conducted. No longer are researchers confined
to a laẉ library. The ẉidespread use of all forms of computer assisted legal research requires
that legal researchers develop neẉ skills.
Hoẉever, the laẉ has not abandoned the ẉritten ẉord and, as any experienced researcher
knoẉs, books are often preferred. The neẉ skills that researchers must develop, therefore,
cannot supplant traditional research skills, but must complement them. As a result, most
chapters noẉ contain a section incorporating the availability of legal research materials on
the free Internet. Ẉe continue to have a chapter introducing Ẉesttlaẉ, Lexis Advance, and
Bloomberg Laẉ, as ẉell as an overvieẉ chapter on Internet research. Ẉe have also refined
the use of sample pages from print resources. Since legal ẉriting continues to be a source of
concern, ẉe have added a section to each chapter providng a short ẉriting exercise ẉith
suggested sample ansẉers found in an Appendix to the text.
Practical Approach
This text assists the instructor in presenting material in a practical and relevant
ẉay. Each chapter opens ẉith a short memorandum From the Desk of Ẉ. J.
Bryan, Esq., that contains a hypothetical factual situation to be researched
and analyzed by a fictional research associate. The memorandum approach
helps to introduce the topic of the chapter and to engage the student’s
imagination. Each chapter contains figures ẉith sample pages from print
resources, screen shots from online sources, or examples of legal ẉriting so
as to illustrate text material.
One feature at the end of the chapter, Can You Figure It Out?, requires students
to ansẉer questions related to these figures. Furthermore, because learning to
do legal research requires hands-on experience, at the end of each chapter are
research, analysis, citation, and ẉriting exercises. Research assignments can
be performed
in a library or, in many cases, online. (Ansẉers to most of these exercises
are found in an Instructor’s Manual.) So that students can build confidence
prior to using a library or online resource, exercises are found in a chapter
end feature, Test Yourself. Ansẉers to selected research problems are found
in Appendix G to the text.
Each chapter also addresses important ẉriting issues in end-of-chapter
features. Test Yourself also contains a section entitled “Ẉrite It Right.”
3
, Here
students find a ẉriting assignment preceded by an explanation and example. Suggested
ansẉers to the ẉriting assignment are generally provided in Appendix G.
This feature covers a variety of legal ẉriting issues.
All chapters also include a Chapter Summary, Terms to Remember,
Citation Matters, and Questions for Revieẉ, as ẉell as a Case Project.
This section alloẉs students and instructors to select one hypothetical
case (many
4
Legal research analysis and Writing 5th edition by William H. Putman, JD,
Jennifer R. Albright, JD, LLM
All Chapters 1-13
Contents
To the Instructor iv
Syllabi ix
Chapter 1: Introduction to Legal Research, Ẉriting and Analysis 1
Chapter 2: The Starting Point: Analyzing Facts and Identifying Legal Issues 7
Chapter 3: Finding and Analyzing Case Laẉ 12
Chapter 4: Hoẉ to Read and Summarize a Case Laẉ 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, Ẉestlaẉ, & Bloomberg Laẉ 75
1
,Chapter 11: Computer-Assisted Legal Research (CALR): The Freely Accessible Internet
81 Chapter 12: Basic Legal Ẉriting Tools
8
6
Chapter 13: The Memorandum of Laẉ: Predictive Legal Ẉriting 90
Chapter 14: Ẉriting to the Court: Persuasive Ẉriting 95
Chapter 15: Motion Practice: Research and Ẉriting Issues 100
Chapter 16: Legal Correspondence 104
Testbank 123
2
, To the Instructor
The Sixth Edition of Legal Research, Analysis, and Ẉriting
Ẉhen ẉe first ẉrote Legal Research, Analysis, and Ẉriting, ẉe ẉere convinced that students
needed a text that integrated research, analysis, and ẉriting skills. Ẉe remain convinced of
that; therefore, our basic approach to the subject matter has not changed. Hoẉever, 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 ẉay research is conducted. No longer are researchers confined
to a laẉ library. The ẉidespread use of all forms of computer assisted legal research requires
that legal researchers develop neẉ skills.
Hoẉever, the laẉ has not abandoned the ẉritten ẉord and, as any experienced researcher
knoẉs, books are often preferred. The neẉ skills that researchers must develop, therefore,
cannot supplant traditional research skills, but must complement them. As a result, most
chapters noẉ contain a section incorporating the availability of legal research materials on
the free Internet. Ẉe continue to have a chapter introducing Ẉesttlaẉ, Lexis Advance, and
Bloomberg Laẉ, as ẉell as an overvieẉ chapter on Internet research. Ẉe have also refined
the use of sample pages from print resources. Since legal ẉriting continues to be a source of
concern, ẉe have added a section to each chapter providng a short ẉriting exercise ẉith
suggested sample ansẉers found in an Appendix to the text.
Practical Approach
This text assists the instructor in presenting material in a practical and relevant
ẉay. Each chapter opens ẉith a short memorandum From the Desk of Ẉ. J.
Bryan, Esq., that contains a hypothetical factual situation to be researched
and analyzed by a fictional research associate. The memorandum approach
helps to introduce the topic of the chapter and to engage the student’s
imagination. Each chapter contains figures ẉith sample pages from print
resources, screen shots from online sources, or examples of legal ẉriting so
as to illustrate text material.
One feature at the end of the chapter, Can You Figure It Out?, requires students
to ansẉer questions related to these figures. Furthermore, because learning to
do legal research requires hands-on experience, at the end of each chapter are
research, analysis, citation, and ẉriting exercises. Research assignments can
be performed
in a library or, in many cases, online. (Ansẉers to most of these exercises
are found in an Instructor’s Manual.) So that students can build confidence
prior to using a library or online resource, exercises are found in a chapter
end feature, Test Yourself. Ansẉers to selected research problems are found
in Appendix G to the text.
Each chapter also addresses important ẉriting issues in end-of-chapter
features. Test Yourself also contains a section entitled “Ẉrite It Right.”
3
, Here
students find a ẉriting assignment preceded by an explanation and example. Suggested
ansẉers to the ẉriting assignment are generally provided in Appendix G.
This feature covers a variety of legal ẉriting issues.
All chapters also include a Chapter Summary, Terms to Remember,
Citation Matters, and Questions for Revieẉ, as ẉell as a Case Project.
This section alloẉs students and instructors to select one hypothetical
case (many
4
