Online Instructor’sManualwithTestbank
c c c c
for
LegalResearch,Analysis,andWriting
c c c c
SixthEdition c
Joanne B. Hames c c
De Anza College
c c
Yvonne Ekern c
Santa Clara University Law School
c c c c
Boston Columbus Indianapolis New York San Francisco
c c c c c c
Amsterdam Cape Town Dubai London Madrid Milan Munich Paris Montreal
c c c c c c c c c
c Toronto Delhi Mexico City Sao Paulo Sydney Hong Kong Seoul Singapore Taipei
c c c c c c c c c c c
c Tokyo
1
, ISBN-13: 978-0-13-455984-1 c
ISBN-10: 0-13-455984-3
Table of Contents c c
To the Instructor
c c iv
Syllabi ix
Chapter 1: Introduction to Legal Research, Writing and Analysis
c c c c c c c c 1
Chapter 2: The Starting Point: Analyzing Facts and Identifying Legal Issues
c c c c c c c c c c 7
Chapter 3: Finding and Analyzing Case Law
c c c c c c 12
Chapter 4: How to Read and Summarize a Case Law Decision
c c c c c c c c c c 20
Chapter 5: Constitutions, Statutes, and Administrative Regulations
c c c c c c 27
Chapter 6: Statutory and Constitutional Analysis
c c c c c 40
Chapter 7: Secondary Sources
c c c 48
Chapter 8: Digests
c c 58
Chapter 9: Validating Your Research: Using Shepards, Keycite and other Citators
c c c c c c c c c c 65
Chapter 10: Introduction to Lexis Advance, Westlaw, & Bloomberg Law
c c c c c c c c c 75
Chapter 11: Computer-Assisted Legal Research (CALR): The Freely Accessible Internet 81
c c c c c c c c c c
c Chapter 12: Basic Legal Writing Tools
c c c c c 86
Chapter 13: The Memorandum of Law: Predictive Legal Writing
c c c c c c c c 90
Chapter 14: Writing to the Court: Persuasive Writing
c c c c c c c 95
Chapter 15: Motion Practice: Research and Writing Issues
c c c c c c c 100
Chapter 16: Legal Correspondence
c c c 104
Testbank 123
2
, To the Instructor c c
The Sixth Edition of Legal Research, Analysis, and Writing
c c c c c c c c
When we first wrote Legal Research, Analysis, and Writing, we were convinced that students needed a
c c c c c c c c c c c c c c c
text that integrated research, analysis, and writing skills. We remain convinced of that; therefore, our
c c c c c c c c c c c c c c c
basic approach to the subject matter has not changed. However, legal research materials and the
c c c c c c c c c c c c c c c
methods of doing legal research have changed considerably over the past several years. The availability
c c c c c c c c c c c c c c c
of legal resources through the Internet has tremendous influence on the way research is conducted. No
c c c c c c c c c c c c c c c c
longer are researchers confined to a law library. The widespread use of all forms of computer assisted
c c c c c c c c c c c c c c c c c
legal research requires that legal researchers develop new skills.
c c c c c c c c c
However, the law has not abandoned the written word and, as any experienced researcher knows, books c c c c c c c c c c c c c c c
are often preferred. The new skills that researchers must develop, therefore, cannot supplant traditional
c c c c c c c c c c c c c c
research skills, but must complement them. As a result, most chapters now contain a section
c c c c c c c c c c c c c c c
incorporating the availability of legal research materials on the free Internet. We continue to have a
c c c c c c c c c c c c c c c c
chapter introducing Westtlaw, Lexis Advance, and Bloomberg Law, as well as an overview chapter on
c c c c c c c c c c c c c c c
Internet research. We have also refined the use of sample pages from print resources. Since legal
c c c c c c c c c c c c c c c c
writing continues to be a source of concern, we have added a section to each chapter providng a short
c c c c c c c c c c c c c c c c c c c
writing exercise with suggested sample answers found in an Appendix to the text.
c c c c c c c c c c c c c
PracticalApproach c
This text assists the instructor in presenting material in a practical and relevant way. Each
c c c c c c c c c c c c c c
chapter opens with a short memorandum From the Desk of W. J.
c c c c c c c c c c c c
Bryan, Esq., that contains a hypothetical factual situation to be researched and
c c c c c c c c c c c
analyzed by a fictional research associate. The memorandum approach helps to
c c c c c c c c c c c
introduce the topic of the chapter and to engage the student’s imagination. Each
c c c c c c c c c c c c c
chapter contains figures with sample pages from print resources, screen shots from
c c c c c c c c c c c c
online sources, or examples of legal writing so as to illustrate text material.
c c c c c c c c c c c c c
One feature at the end of the chapter, Can You Figure It Out?, requires students to answer
c c c c c c c c c c c c c c c c
questions related to these figures. Furthermore, because learning to do legal research
c c c c c c c c c c c c
requires hands-on experience, at the end of each chapter are research, analysis, citation,
c c c c c c c c c c c c c
and writing exercises. Research assignments can be performed
c c c c c c c c
in a library or, in many cases, online. (Answers to most of these exercises are found in
c c c c c c c c c c c c c c c c
an Instructor’s Manual.) So that students can build confidence prior to using a library
c c c c c c c c c c c c c c
or online resource, exercises are found in a chapter end feature, Test Yourself.
c c c c c c c c c c c c c
Answers to selected research problems are found in Appendix G to the text.
c c c c c c c c c c c c c
Each chapter also addresses important writing issues in end-of-chapter features.
c c c c c c c c c
Test Yourself also contains a section entitled “Write It Right.” Here
c c c c c c c c c c c
students find a writing assignment preceded by an explanation and example. Suggested answers to
c c c c c c c c c c c c c
the writing assignment are generally provided in Appendix G.
c c c c c c c c c
This feature covers a variety of legal writing issues.
c c c c c c c c
All chapters also include a Chapter Summary, Terms to Remember, Citation
c c c c c c c c c c
Matters, and Questions for Review, as well as a Case Project. This section
c c c c c c c c c c c c c
allows students and instructors to select one hypothetical case (many
c c c c c c c c c c
3
, of which are found in Appendices A and B) and to perform some research, analysis,
c c c c c c c c c c c c c c
or writing project in chapters. In this way, students see how the material covered in the
c c c c c c c c c c c c c c c c
different chapters is integrated. Questions and problems for
c c c c c c c c
group work, either in class or online through the use of discussion boards, have been
c c c c c c c c c c c c c c
added.
c
Features
A variety of features helps students and instructors.
c c c c c c c
• Legal vocabulary is identified in boldface type. The key terms are defined in
c c c c c c c c c c c c
the margins of the text where the terms appear. A comprehensive Glossary is
c c c c c c c c c c c c c
also included at the end of the book.
c c c c c c c c
• Skill Objectives are listed at the beginning of each chapter, helping
c c c c c c c c c c
students recognize the main points of the chapter.
c c c c c c c c
• Finding It Online offers students the opportunity to explore online legal c c c c c c c c c c
research resources.
c c
• Citation Matters, a feature that appears in each chapter, is a brief overview of c c c c c c c c c c c c c
major citation rules affecting legal writing.
c c c c c c
• The Writer’s Corner, a feature in each chapter, focuses on an important
c c c c c c c c c c c
legal writing issue.
c c c
• As previously stated, an interoffice memorandum called From the Desk of
c c c c c c c c c c
W. J. Bryan, Esq., opens the text of each chapter. This memorandum serves
c c c c c c c c c c c c c
as an introduction to the subject matter, encouraging the student to think
c c c c c c c c c c c c
about the subject matter in a practical setting.
c c c c c c c c
• Research checklists are found in several chapters, providing a quick, c c c c c c c c c
easy-to-read summary of the material found in the text.
c c c c c c c c c
• Sample pages from an assortment of law books are included in the research c c c c c c c c c c c c
chapters. Practical exercises, found in the section Can You Figure It Out? at
c c c c c c c c c c c c c
the end of the chapters, give students the opportunity to practice research
c c c c c c c c c c c c
skills before going to the library.
c c c c c c
• Examples of actual research memoranda appear in appropriate chapters. c c c c c c c c
• A Chapter Summary is included in every chapter; it provides a short
c c c c c c c c c c c
overview of the major concepts covered in the chapter.
c c c c c c c c c
• Basic Questions for Review follow the chapter summary. These questions are
c c c c c c c c c c
designed to focus the student on the most important concepts
c c c c c c c c c c
presented in the chapter. c c c
• Assignments, Activities, and Exercises are included at the end of each c c c c c c c c c c
chapter. These features include library research problems, analysis exercises,
c c c c c c c c c
and writing assignments.
c c c
• Citation Exercises are included at the end of each chapter. c c c c c c c c c
• Questions From the Writer’s Corner located at the end of the chapter c c c c c c c c c c c
reinforce the material covered in the chapter.
c c c c c c c
• Most chapters include a feature called A Point to Remember. This practical
c c c c c c c c c c c
information is fashioned to help students focus on the skills and concepts
c c c c c c c c c c c c
that will help them in doing legal research, writing, and analysis.
c c c c c c c c c c
• Test Yourself, including Write It Right, allows students to test their
c c c c c c c c c c
own research and writing skills by providing answers to the questions in
c c c c c c c c c c c c
Appendix G.
c c
• Appendix B includes several research problems that may be used as a c c c c c c c c c c c
basis for assignments for all chapters, giving students the opportunity to
c c c c c c c c c c c
4
c c c c
for
LegalResearch,Analysis,andWriting
c c c c
SixthEdition c
Joanne B. Hames c c
De Anza College
c c
Yvonne Ekern c
Santa Clara University Law School
c c c c
Boston Columbus Indianapolis New York San Francisco
c c c c c c
Amsterdam Cape Town Dubai London Madrid Milan Munich Paris Montreal
c c c c c c c c c
c Toronto Delhi Mexico City Sao Paulo Sydney Hong Kong Seoul Singapore Taipei
c c c c c c c c c c c
c Tokyo
1
, ISBN-13: 978-0-13-455984-1 c
ISBN-10: 0-13-455984-3
Table of Contents c c
To the Instructor
c c iv
Syllabi ix
Chapter 1: Introduction to Legal Research, Writing and Analysis
c c c c c c c c 1
Chapter 2: The Starting Point: Analyzing Facts and Identifying Legal Issues
c c c c c c c c c c 7
Chapter 3: Finding and Analyzing Case Law
c c c c c c 12
Chapter 4: How to Read and Summarize a Case Law Decision
c c c c c c c c c c 20
Chapter 5: Constitutions, Statutes, and Administrative Regulations
c c c c c c 27
Chapter 6: Statutory and Constitutional Analysis
c c c c c 40
Chapter 7: Secondary Sources
c c c 48
Chapter 8: Digests
c c 58
Chapter 9: Validating Your Research: Using Shepards, Keycite and other Citators
c c c c c c c c c c 65
Chapter 10: Introduction to Lexis Advance, Westlaw, & Bloomberg Law
c c c c c c c c c 75
Chapter 11: Computer-Assisted Legal Research (CALR): The Freely Accessible Internet 81
c c c c c c c c c c
c Chapter 12: Basic Legal Writing Tools
c c c c c 86
Chapter 13: The Memorandum of Law: Predictive Legal Writing
c c c c c c c c 90
Chapter 14: Writing to the Court: Persuasive Writing
c c c c c c c 95
Chapter 15: Motion Practice: Research and Writing Issues
c c c c c c c 100
Chapter 16: Legal Correspondence
c c c 104
Testbank 123
2
, To the Instructor c c
The Sixth Edition of Legal Research, Analysis, and Writing
c c c c c c c c
When we first wrote Legal Research, Analysis, and Writing, we were convinced that students needed a
c c c c c c c c c c c c c c c
text that integrated research, analysis, and writing skills. We remain convinced of that; therefore, our
c c c c c c c c c c c c c c c
basic approach to the subject matter has not changed. However, legal research materials and the
c c c c c c c c c c c c c c c
methods of doing legal research have changed considerably over the past several years. The availability
c c c c c c c c c c c c c c c
of legal resources through the Internet has tremendous influence on the way research is conducted. No
c c c c c c c c c c c c c c c c
longer are researchers confined to a law library. The widespread use of all forms of computer assisted
c c c c c c c c c c c c c c c c c
legal research requires that legal researchers develop new skills.
c c c c c c c c c
However, the law has not abandoned the written word and, as any experienced researcher knows, books c c c c c c c c c c c c c c c
are often preferred. The new skills that researchers must develop, therefore, cannot supplant traditional
c c c c c c c c c c c c c c
research skills, but must complement them. As a result, most chapters now contain a section
c c c c c c c c c c c c c c c
incorporating the availability of legal research materials on the free Internet. We continue to have a
c c c c c c c c c c c c c c c c
chapter introducing Westtlaw, Lexis Advance, and Bloomberg Law, as well as an overview chapter on
c c c c c c c c c c c c c c c
Internet research. We have also refined the use of sample pages from print resources. Since legal
c c c c c c c c c c c c c c c c
writing continues to be a source of concern, we have added a section to each chapter providng a short
c c c c c c c c c c c c c c c c c c c
writing exercise with suggested sample answers found in an Appendix to the text.
c c c c c c c c c c c c c
PracticalApproach c
This text assists the instructor in presenting material in a practical and relevant way. Each
c c c c c c c c c c c c c c
chapter opens with a short memorandum From the Desk of W. J.
c c c c c c c c c c c c
Bryan, Esq., that contains a hypothetical factual situation to be researched and
c c c c c c c c c c c
analyzed by a fictional research associate. The memorandum approach helps to
c c c c c c c c c c c
introduce the topic of the chapter and to engage the student’s imagination. Each
c c c c c c c c c c c c c
chapter contains figures with sample pages from print resources, screen shots from
c c c c c c c c c c c c
online sources, or examples of legal writing so as to illustrate text material.
c c c c c c c c c c c c c
One feature at the end of the chapter, Can You Figure It Out?, requires students to answer
c c c c c c c c c c c c c c c c
questions related to these figures. Furthermore, because learning to do legal research
c c c c c c c c c c c c
requires hands-on experience, at the end of each chapter are research, analysis, citation,
c c c c c c c c c c c c c
and writing exercises. Research assignments can be performed
c c c c c c c c
in a library or, in many cases, online. (Answers to most of these exercises are found in
c c c c c c c c c c c c c c c c
an Instructor’s Manual.) So that students can build confidence prior to using a library
c c c c c c c c c c c c c c
or online resource, exercises are found in a chapter end feature, Test Yourself.
c c c c c c c c c c c c c
Answers to selected research problems are found in Appendix G to the text.
c c c c c c c c c c c c c
Each chapter also addresses important writing issues in end-of-chapter features.
c c c c c c c c c
Test Yourself also contains a section entitled “Write It Right.” Here
c c c c c c c c c c c
students find a writing assignment preceded by an explanation and example. Suggested answers to
c c c c c c c c c c c c c
the writing assignment are generally provided in Appendix G.
c c c c c c c c c
This feature covers a variety of legal writing issues.
c c c c c c c c
All chapters also include a Chapter Summary, Terms to Remember, Citation
c c c c c c c c c c
Matters, and Questions for Review, as well as a Case Project. This section
c c c c c c c c c c c c c
allows students and instructors to select one hypothetical case (many
c c c c c c c c c c
3
, of which are found in Appendices A and B) and to perform some research, analysis,
c c c c c c c c c c c c c c
or writing project in chapters. In this way, students see how the material covered in the
c c c c c c c c c c c c c c c c
different chapters is integrated. Questions and problems for
c c c c c c c c
group work, either in class or online through the use of discussion boards, have been
c c c c c c c c c c c c c c
added.
c
Features
A variety of features helps students and instructors.
c c c c c c c
• Legal vocabulary is identified in boldface type. The key terms are defined in
c c c c c c c c c c c c
the margins of the text where the terms appear. A comprehensive Glossary is
c c c c c c c c c c c c c
also included at the end of the book.
c c c c c c c c
• Skill Objectives are listed at the beginning of each chapter, helping
c c c c c c c c c c
students recognize the main points of the chapter.
c c c c c c c c
• Finding It Online offers students the opportunity to explore online legal c c c c c c c c c c
research resources.
c c
• Citation Matters, a feature that appears in each chapter, is a brief overview of c c c c c c c c c c c c c
major citation rules affecting legal writing.
c c c c c c
• The Writer’s Corner, a feature in each chapter, focuses on an important
c c c c c c c c c c c
legal writing issue.
c c c
• As previously stated, an interoffice memorandum called From the Desk of
c c c c c c c c c c
W. J. Bryan, Esq., opens the text of each chapter. This memorandum serves
c c c c c c c c c c c c c
as an introduction to the subject matter, encouraging the student to think
c c c c c c c c c c c c
about the subject matter in a practical setting.
c c c c c c c c
• Research checklists are found in several chapters, providing a quick, c c c c c c c c c
easy-to-read summary of the material found in the text.
c c c c c c c c c
• Sample pages from an assortment of law books are included in the research c c c c c c c c c c c c
chapters. Practical exercises, found in the section Can You Figure It Out? at
c c c c c c c c c c c c c
the end of the chapters, give students the opportunity to practice research
c c c c c c c c c c c c
skills before going to the library.
c c c c c c
• Examples of actual research memoranda appear in appropriate chapters. c c c c c c c c
• A Chapter Summary is included in every chapter; it provides a short
c c c c c c c c c c c
overview of the major concepts covered in the chapter.
c c c c c c c c c
• Basic Questions for Review follow the chapter summary. These questions are
c c c c c c c c c c
designed to focus the student on the most important concepts
c c c c c c c c c c
presented in the chapter. c c c
• Assignments, Activities, and Exercises are included at the end of each c c c c c c c c c c
chapter. These features include library research problems, analysis exercises,
c c c c c c c c c
and writing assignments.
c c c
• Citation Exercises are included at the end of each chapter. c c c c c c c c c
• Questions From the Writer’s Corner located at the end of the chapter c c c c c c c c c c c
reinforce the material covered in the chapter.
c c c c c c c
• Most chapters include a feature called A Point to Remember. This practical
c c c c c c c c c c c
information is fashioned to help students focus on the skills and concepts
c c c c c c c c c c c c
that will help them in doing legal research, writing, and analysis.
c c c c c c c c c c
• Test Yourself, including Write It Right, allows students to test their
c c c c c c c c c c
own research and writing skills by providing answers to the questions in
c c c c c c c c c c c c
Appendix G.
c c
• Appendix B includes several research problems that may be used as a c c c c c c c c c c c
basis for assignments for all chapters, giving students the opportunity to
c c c c c c c c c c c
4
