Instructor s manual with testbank for legal research analysis and writing 5th edition by william h putman jdjennifer

Online Instructor’s Manual with Testbank
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for


LegalResearch,Analysis, andWriting
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Sixth Edition m




Joanne B. Hames m m




De Anza College
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Yvonne Ekern m




Santa Clara University Law School
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Boston Columbus Indianapolis
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Amsterdam Cape Town
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m Toronto Delhi
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, ISBN-13: 978-0-13-455984-1 m




ISBN-10: 0-13-455984-3
Table of Contents
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To the Instructor
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Syllabi ix

Chapter 1: Introduction to Legal Research, Writing and Analysis
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Chapter 2: The Starting Point: Analyzing Facts and Identifying Legal Issues
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Chapter 3: Finding and Analyzing Case Law
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Chapter 4: How to Read and Summarize a Case Law Decision
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Chapter 5: Constitutions, Statutes, and Administrative Regulations
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Chapter 6: Statutory and Constitutional Analysis
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Chapter 7: Secondary Sources
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Chapter 8: Digests
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Chapter 9: Validating Your Research: Using Shepards, Keycite and other Citators
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Chapter 10: Introduction to Lexis Advance, Westlaw, & Bloomberg Law
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Chapter 11: Computer-Assisted Legal Research (CALR): The Freely Accessible Internet 81
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Chapter 12: Basic Legal Writing Tools
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Chapter 13: The Memorandum of Law: Predictive Legal Writing
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Chapter 14: Writing to the Court: Persuasive Writing
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Chapter 15: Motion Practice: Research and Writing Issues
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Chapter 16: Legal Correspondence
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Testbank 123


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, To the Instructor m m




The Sixth Edition of Legal Research, Analysis, and Writing
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When we first wrote Legal Research, Analysis, and Writing, we were convinced that students needed
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a text that integrated research, analysis, and writing skills. We remain convinced of that; therefore,
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our basic approach to the subject matter has not changed. However, legal research materials and the
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methods of doing legal research have changed considerably over the past several years. The
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availability of legal resources through the Internet has tremendous influence on the way research is
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conducted. No longer are researchers confined to a law library. The widespread use of all forms of
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computer assisted legal research requires that legal researchers develop new skills.
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However, the law has not abandoned the written word and, as any experienced researcher knows,
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books are often preferred. The new skills that researchers must develop, therefore, cannot supplant
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traditional research skills, but must complement them. As a result, most chapters now contain a
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section incorporating the availability of legal research materials on the free Internet. We continue to
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have a chapter introducing Westtlaw, Lexis Advance, and Bloomberg Law, as well as an overview
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chapter on Internet research. We have also refined the use of sample pages from print resources.
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mSince legal writing continues to be a source of concern, we have added a section to each chapter
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providng a short writing exercise with suggested sample answers found in an Appendix to the text.
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Practical Approach m




This text assists the instructor in presenting material in a practical and relevant way.
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Each chapter opens with a short memorandum From the Desk of W. J.
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Bryan, Esq., that contains a hypothetical factual situation to be researched and
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analyzed by a fictional research associate. The memorandum approach helps to
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introduce the topic of the chapter and to engage the student’s imagination. Each
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chapter contains figures with sample pages from print resources, screen shots from
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online sources, or examples of legal writing so as to illustrate text material.
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One feature at the end of the chapter, Can You Figure It Out?, requires students to
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answer questions related to these figures. Furthermore, because learning to do legal
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research requires hands-on experience, at the end of each chapter are research,
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analysis, citation, and writing exercises. Research assignments can be performed
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in a library or, in many cases, online. (Answers to most of these exercises are found
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in an Instructor’s Manual.) So that students can build confidence prior to using a
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library or online resource, exercises are found in a chapter end feature, Test
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Yourself. Answers to selected research problems are found in Appendix G to the
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text.
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Each chapter also addresses important writing issues in end-of-chapter features.
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Test Yourself also contains a section entitled “Write It Right.” Here
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students find a writing assignment preceded by an explanation and example. Suggested answers
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to the writing assignment are generally provided in Appendix G.
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This feature covers a variety of legal writing issues.
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All chapters also include a Chapter Summary, Terms to Remember,
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Citation Matters, and Questions for Review, as well as a Case Project. This
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section allows students and instructors to select one hypothetical case (many
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3

, of which are found in Appendices A and B) and to perform some research, analysis,
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or writing project in chapters. In this way, students see how the material covered in
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the different chapters is integrated. Questions and problems for
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group work, either in class or online through the use of discussion boards, have been
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added.
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Features
A variety of features helps students and instructors.
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• Legal vocabulary is identified in boldface type. The key terms are defined
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in the margins of the text where the terms appear. A comprehensive Glossary
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is also included at the end of the book.
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• Skill Objectives are listed at the beginning of each chapter, helping
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students recognize the main points of the chapter.
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• Finding It Online offers students the opportunity to explore online legal
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research resources.
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• Citation Matters, a feature that appears in each chapter, is a brief overview of
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major citation rules affecting legal writing.
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• The Writer’s Corner, a feature in each chapter, focuses on an important
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legal writing issue.
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• As previously stated, an interoffice memorandum called From the Desk
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of W. J. Bryan, Esq., opens the text of each chapter. This memorandum
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serves as an introduction to the subject matter, encouraging the student to
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think about the subject matter in a practical setting.
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• Research checklists are found in several chapters, providing a quick, m m m m m m m m m




easy-to-read summary of the material found in the text.
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• Sample pages from an assortment of law books are included in the
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research chapters. Practical exercises, found in the section Can You
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Figure It Out? at the end of the chapters, give students the opportunity to
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practice research skills before going to the library.
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• Examples of actual research memoranda appear in appropriate chapters. m m m m m m m m




• A Chapter Summary is included in every chapter; it provides a short
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overview of the major concepts covered in the chapter.
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• Basic Questions for Review follow the chapter summary. These questions
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are designed to focus the student on the most important concepts
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presented in the chapter. m m m




• Assignments, Activities, and Exercises are included at the end of each m m m m m m m m m m




chapter. These features include library research problems, analysis exercises,
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and writing assignments.
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• Citation Exercises are included at the end of each chapter. m m m m m m m m m




• Questions From the Writer’s Corner located at the end of the chapter m m m m m m m m m m m




reinforce the material covered in the chapter.
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• Most chapters include a feature called A Point to Remember. This practical
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minformation is fashioned to help students focus on the skills and concepts m m m m m m m m m m m




that will help them in doing legal research, writing, and analysis.
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• Test Yourself, including Write It Right, allows students to test their
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mown research and writing skills by providing answers to the questions in
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mAppendix G. m




• Appendix B includes several research problems that may be used as a m m m m m m m m m m m




mbasis for assignments for all chapters, giving students the opportunity to
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