Online Instructor’s Manual with Testbank
sd sd sd sd
for
Legal Research, Analysis, and Writing
sd sd sd sd
Sixth Edition sd
Joanne B. Hames sd sd
De Anza College
sd sd
Yvonne Ekern sd
Santa Clara University Law School
sd sd sd sd
Boston s d Columbus s d Indianapolis s d New York sd s d San Francisco
sd
Amsterdam s d Cape Town
sd s d Dubai s d London s d Madrid s d Milan s d Munich s d Paris
s d Montreal s d Toronto Delhi sd s d Mexico City sd s d Sao Paulo sd s d Sydney s d Hong Kong sd s d Seoul
s d Singapore s d Taipei s d Tokyo
1
, ISBN-13: 978-0-13-455984-1 s d
ISBN-10: 0-13-455984-3
Table of Contents sd sd
To the Instructor
sd sd iv
Syllabi ix
Chapter 1: Introduction to Legal Research, Writing and Analysis
sd sd sd sd sd sd sd sd 1
Chapter 2: The Starting Point: Analyzing Facts and Identifying Legal Issues
sd sd sd sd sd sd sd sd sd sd 7
Chapter 3: Finding and Analyzing Case Law
sd sd sd sd sd sd 12
Chapter 4: How to Read and Summarize a Case Law Decision
sd sd sd sd sd sd sd sd sd sd 20
Chapter 5: Constitutions, Statutes, and Administrative Regulations
sd sd sd sd sd sd 27
Chapter 6: Statutory and Constitutional Analysis
sd sd sd sd sd 40
Chapter 7: Secondary Sources
sd sd sd 48
Chapter 8: Digests sd sd 58
Chapter 9: Validating Your Research: Using Shepards, Keycite and other Citators
sd sd sd sd sd sd sd sd sd sd 65
Chapter 10: Introduction to Lexis Advance, Westlaw, & Bloomberg Law 75
sd sd sd sd sd sd sd sd sd
Chapter 11: Computer-Assisted Legal Research (CALR): The Freely Accessible Internet
sd sd sd sd sd sd sd sd sd
s d 81 Chapter 12: Basic Legal Writing Tools
sd sd sd sd sd sd 86
Chapter 13: The Memorandum of Law: Predictive Legal Writing
sd sd sd sd sd sd sd sd 90
Chapter 14: Writing to the Court: Persuasive Writing
sd sd sd sd sd sd sd 95
Chapter 15: Motion Practice: Research and Writing Issues
sd sd sd sd sd sd sd 100
Chapter 16: Legal Correspondence
sd sd sd 104
Testbank 123
2
, To the Instructor sd sd
The Sixth Edition of Legal Research, Analysis, and Writing
sd sd sd sd sd sd sd sd
When we first wrote Legal Research, Analysis, and Writing, we were convinced that students
sd sd sd sd sd sd sd sd sd sd sd sd sd
needed a text that integrated research, analysis, and writing skills. We remain convinced of that;
sd sd sd sd sd sd sd sd sd sd sd sd sd sd sd
therefore, our basic approach to the subject matter has not changed. However, legal research
sd sd sd sd sd sd sd sd sd sd sd sd sd sd
materials and the methods of doing legal research have changed considerably over the past
sd sd sd sd sd sd sd sd sd sd sd sd sd sd
several years. The availability of legal resources through the Internet has tremendous influence on
sd sd sd sd sd sd sd sd sd sd sd sd sd sd
the way research is conducted. No longer are researchers confined to a law library. The
sd sd sd sd sd sd sd sd sd sd sd sd sd sd sd
widespread use of all forms of computer assisted legal research requires that legal researchers
sd sd sd sd sd sd sd sd sd sd sd sd sd sd
develop new skills.
sd sd sd
However, the law has not abandoned the written word and, as any experienced researcher knows,
sd sd sd sd sd sd sd sd sd sd sd sd sd sd
books are often preferred. The new skills that researchers must develop, therefore, cannot
sd sd sd sd sd sd sd sd sd sd sd sd sd
supplant traditional research skills, but must complement them. As a result, most chapters now
sd sd sd sd sd sd sd sd sd sd sd sd sd sd
contain a section incorporating the availability of legal research materials on the free Internet.
sd sd sd sd sd sd sd sd sd sd sd sd sd sd
We continue to have a chapter introducing Westtlaw, Lexis Advance, and Bloomberg Law, as
s d sd sd sd sd sd sd sd sd sd sd sd sd sd
well as an overview chapter on Internet research. We have also refined the use of sample pages
sd sd sd sd sd sd sd sd s d sd sd sd sd sd sd sd sd
from print resources. Since legal writing continues to be a source of concern, we have added a
sd sd sd s d sd sd sd sd sd sd sd sd sd sd sd sd sd
section to each chapter providng a short writing exercise with suggested sample answers found in
sd sd sd sd sd sd sd sd sd sd sd sd sd sd sd
an Appendix to the text.
sd sd sd sd sd
Practical Approach sd
This text assists the instructor in presenting material in a practical and relevant way.
sd sd sd sd sd sd sd sd sd sd sd sd sd
Each chapter opens with a short memorandum From the Desk of W. J.
sd sd sd sd sd sd sd sd sd sd sd sd sd
Bryan, Esq., that contains a hypothetical factual situation to be researched and
sd sd sd sd sd sd sd sd sd sd sd
analyzed by a fictional research associate. The memorandum approach helps to
sd sd sd sd sd sd sd sd sd sd sd
introduce the topic of the chapter and to engage the student‘s imagination.
sd sd sd sd sd sd sd sd sd sd sd sd
Each chapter contains figures with sample pages from print resources, screen
sd sd sd sd sd sd sd sd sd sd sd
shots from online sources, or examples of legal writing so as to illustrate text
sd sd sd sd sd sd sd sd sd sd sd sd sd sd
material.
sd
One feature at the end of the chapter, Can You Figure It Out?, requires students to
sd sd sd sd sd sd sd sd sd sd sd sd sd sd sd
answer questions related to these figures. Furthermore, because learning to do legal
sd sd sd sd sd sd sd sd sd sd sd sd
research requires hands-on experience, at the end of each chapter are research,
sd sd sd sd sd sd sd sd sd sd sd sd
analysis, citation, and writing exercises. Research assignments can be performed
sd sd sd sd sd sd sd sd sd sd
in a library or, in many cases, online. (Answers to most of these exercises are
sd sd sd sd sd sd sd sd sd sd sd sd sd sd
found in an Instructor‘s Manual.) So that students can build confidence prior to
sd sd sd sd sd sd sd sd sd sd sd sd sd
using a library or online resource, exercises are found in a chapter end feature,
sd sd sd sd sd sd sd sd sd sd sd sd sd sd
Test Yourself. Answers to selected research problems are found in Appendix G
sd sd sd sd sd sd sd sd sd sd sd sd
to the text.
sd sd sd
Each chapter also addresses important writing issues in end-of-chapter
sd sd sd sd sd sd sd sd
features. Test Yourself also contains a section entitled ―Write It Right.‖ Here
sd sd sd sd sd sd sd sd sd sd sd sd
students find a writing assignment preceded by an explanation and example. Suggested
sd sd sd sd sd sd sd sd sd sd sd
answers to the writing assignment are generally provided in Appendix G.
sd sd sd sd sd sd sd sd sd sd sd
This feature covers a variety of legal writing issues.
sd sd sd sd sd sd sd sd
All chapters also include a Chapter Summary, Terms to Remember,
sd sd sd sd sd sd sd sd sd
3
, Citation Matters, and Questions for Review, as well as a Case Project.
sd sd sd sd sd sd sd sd sd sd sd sd
This section allows students and instructors to select one hypothetical case
sd sd sd sd sd sd sd sd sd sd sd
(many
sd
4
sd sd sd sd
for
Legal Research, Analysis, and Writing
sd sd sd sd
Sixth Edition sd
Joanne B. Hames sd sd
De Anza College
sd sd
Yvonne Ekern sd
Santa Clara University Law School
sd sd sd sd
Boston s d Columbus s d Indianapolis s d New York sd s d San Francisco
sd
Amsterdam s d Cape Town
sd s d Dubai s d London s d Madrid s d Milan s d Munich s d Paris
s d Montreal s d Toronto Delhi sd s d Mexico City sd s d Sao Paulo sd s d Sydney s d Hong Kong sd s d Seoul
s d Singapore s d Taipei s d Tokyo
1
, ISBN-13: 978-0-13-455984-1 s d
ISBN-10: 0-13-455984-3
Table of Contents sd sd
To the Instructor
sd sd iv
Syllabi ix
Chapter 1: Introduction to Legal Research, Writing and Analysis
sd sd sd sd sd sd sd sd 1
Chapter 2: The Starting Point: Analyzing Facts and Identifying Legal Issues
sd sd sd sd sd sd sd sd sd sd 7
Chapter 3: Finding and Analyzing Case Law
sd sd sd sd sd sd 12
Chapter 4: How to Read and Summarize a Case Law Decision
sd sd sd sd sd sd sd sd sd sd 20
Chapter 5: Constitutions, Statutes, and Administrative Regulations
sd sd sd sd sd sd 27
Chapter 6: Statutory and Constitutional Analysis
sd sd sd sd sd 40
Chapter 7: Secondary Sources
sd sd sd 48
Chapter 8: Digests sd sd 58
Chapter 9: Validating Your Research: Using Shepards, Keycite and other Citators
sd sd sd sd sd sd sd sd sd sd 65
Chapter 10: Introduction to Lexis Advance, Westlaw, & Bloomberg Law 75
sd sd sd sd sd sd sd sd sd
Chapter 11: Computer-Assisted Legal Research (CALR): The Freely Accessible Internet
sd sd sd sd sd sd sd sd sd
s d 81 Chapter 12: Basic Legal Writing Tools
sd sd sd sd sd sd 86
Chapter 13: The Memorandum of Law: Predictive Legal Writing
sd sd sd sd sd sd sd sd 90
Chapter 14: Writing to the Court: Persuasive Writing
sd sd sd sd sd sd sd 95
Chapter 15: Motion Practice: Research and Writing Issues
sd sd sd sd sd sd sd 100
Chapter 16: Legal Correspondence
sd sd sd 104
Testbank 123
2
, To the Instructor sd sd
The Sixth Edition of Legal Research, Analysis, and Writing
sd sd sd sd sd sd sd sd
When we first wrote Legal Research, Analysis, and Writing, we were convinced that students
sd sd sd sd sd sd sd sd sd sd sd sd sd
needed a text that integrated research, analysis, and writing skills. We remain convinced of that;
sd sd sd sd sd sd sd sd sd sd sd sd sd sd sd
therefore, our basic approach to the subject matter has not changed. However, legal research
sd sd sd sd sd sd sd sd sd sd sd sd sd sd
materials and the methods of doing legal research have changed considerably over the past
sd sd sd sd sd sd sd sd sd sd sd sd sd sd
several years. The availability of legal resources through the Internet has tremendous influence on
sd sd sd sd sd sd sd sd sd sd sd sd sd sd
the way research is conducted. No longer are researchers confined to a law library. The
sd sd sd sd sd sd sd sd sd sd sd sd sd sd sd
widespread use of all forms of computer assisted legal research requires that legal researchers
sd sd sd sd sd sd sd sd sd sd sd sd sd sd
develop new skills.
sd sd sd
However, the law has not abandoned the written word and, as any experienced researcher knows,
sd sd sd sd sd sd sd sd sd sd sd sd sd sd
books are often preferred. The new skills that researchers must develop, therefore, cannot
sd sd sd sd sd sd sd sd sd sd sd sd sd
supplant traditional research skills, but must complement them. As a result, most chapters now
sd sd sd sd sd sd sd sd sd sd sd sd sd sd
contain a section incorporating the availability of legal research materials on the free Internet.
sd sd sd sd sd sd sd sd sd sd sd sd sd sd
We continue to have a chapter introducing Westtlaw, Lexis Advance, and Bloomberg Law, as
s d sd sd sd sd sd sd sd sd sd sd sd sd sd
well as an overview chapter on Internet research. We have also refined the use of sample pages
sd sd sd sd sd sd sd sd s d sd sd sd sd sd sd sd sd
from print resources. Since legal writing continues to be a source of concern, we have added a
sd sd sd s d sd sd sd sd sd sd sd sd sd sd sd sd sd
section to each chapter providng a short writing exercise with suggested sample answers found in
sd sd sd sd sd sd sd sd sd sd sd sd sd sd sd
an Appendix to the text.
sd sd sd sd sd
Practical Approach sd
This text assists the instructor in presenting material in a practical and relevant way.
sd sd sd sd sd sd sd sd sd sd sd sd sd
Each chapter opens with a short memorandum From the Desk of W. J.
sd sd sd sd sd sd sd sd sd sd sd sd sd
Bryan, Esq., that contains a hypothetical factual situation to be researched and
sd sd sd sd sd sd sd sd sd sd sd
analyzed by a fictional research associate. The memorandum approach helps to
sd sd sd sd sd sd sd sd sd sd sd
introduce the topic of the chapter and to engage the student‘s imagination.
sd sd sd sd sd sd sd sd sd sd sd sd
Each chapter contains figures with sample pages from print resources, screen
sd sd sd sd sd sd sd sd sd sd sd
shots from online sources, or examples of legal writing so as to illustrate text
sd sd sd sd sd sd sd sd sd sd sd sd sd sd
material.
sd
One feature at the end of the chapter, Can You Figure It Out?, requires students to
sd sd sd sd sd sd sd sd sd sd sd sd sd sd sd
answer questions related to these figures. Furthermore, because learning to do legal
sd sd sd sd sd sd sd sd sd sd sd sd
research requires hands-on experience, at the end of each chapter are research,
sd sd sd sd sd sd sd sd sd sd sd sd
analysis, citation, and writing exercises. Research assignments can be performed
sd sd sd sd sd sd sd sd sd sd
in a library or, in many cases, online. (Answers to most of these exercises are
sd sd sd sd sd sd sd sd sd sd sd sd sd sd
found in an Instructor‘s Manual.) So that students can build confidence prior to
sd sd sd sd sd sd sd sd sd sd sd sd sd
using a library or online resource, exercises are found in a chapter end feature,
sd sd sd sd sd sd sd sd sd sd sd sd sd sd
Test Yourself. Answers to selected research problems are found in Appendix G
sd sd sd sd sd sd sd sd sd sd sd sd
to the text.
sd sd sd
Each chapter also addresses important writing issues in end-of-chapter
sd sd sd sd sd sd sd sd
features. Test Yourself also contains a section entitled ―Write It Right.‖ Here
sd sd sd sd sd sd sd sd sd sd sd sd
students find a writing assignment preceded by an explanation and example. Suggested
sd sd sd sd sd sd sd sd sd sd sd
answers to the writing assignment are generally provided in Appendix G.
sd sd sd sd sd sd sd sd sd sd sd
This feature covers a variety of legal writing issues.
sd sd sd sd sd sd sd sd
All chapters also include a Chapter Summary, Terms to Remember,
sd sd sd sd sd sd sd sd sd
3
, Citation Matters, and Questions for Review, as well as a Case Project.
sd sd sd sd sd sd sd sd sd sd sd sd
This section allows students and instructors to select one hypothetical case
sd sd sd sd sd sd sd sd sd sd sd
(many
sd
4