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products described herein or perform any independent analysis in connection with any of the product information contained herein Publisher does not assume, and expressly disclaims, any obligation to obtain and include information other than that provided to it by the manufacturer The reader is expressly warned to consider and adopt all safety precautions that might be indicated by the activities described herein and to avoid all potential hazards By following the instructions contained herein, the reader willingly assumes all risks in connection with such instructions The reader is notified that this text is an educational tool, not a practice book Since the law in constant change, no rule or statement of law in this book should be relied upon for any service to any client The reader should always refer to standard legal sources for the current rule or law If legal advice or other expert assistance is required, the services of the appropriate professional should be sought The publisher makes no representations or warranties of any kind, including but not limited to, the warranties of fitness for particular purpose or merchantability, nor are any such representations implied with respect to the material set forth herein, and the publisher takes no responsibility with respect to such material The publisher shall not be liable for any special, consequential, or exemplary damages resulting, in whole or part, from the readers’ use of, or reliance upon, this material Printed in Canada 12 11 10 09 Contents in Brief Preface ◆ xvii Introduction ◆ xxiii CHAPTER Law and Sources of Law CHAPTER Legal Reasoning and Analysis CHAPTER Secondary Sources and Finding Tools CHAPTER The Judicial Branch and Cases CHAPTER Primary Sources: Constitutions, Statutes, Court Rules, and Administrative Law ◆ 131 CHAPTER Citators CHAPTER Overview of the Research Process and Ethical Considerations ◆ 219 CHAPTER Computer-Assisted Legal Research CHAPTER Introduction to Legal Writing ◆ ◆ 17 ◆ ◆ ◆ 43 99 189 CHAPTER 10 Fundamentals of Writing ◆ ◆ ◆ 239 259 281 CHAPTER 11 Transmittal Letter, Client Opinion Letter, and E-Mail Correspondence ◆ 293 CHAPTER 12 Pleadings ◆ 309 CHAPTER 13 Law Office Memo ◆ 329 CHAPTER 14 Memorandum of Law CHAPTER 15 Appellate Brief ◆ ◆ 353 373 APPENDICES APPENDIX A Search and Seizure ◆ 399 APPENDIX B Locating and Citing to Cases ◆ 401 APPENDIX C Rules for Quotations and Short-Form Citations APPENDIX D Mechanical Errors APPENDIX E Problems ◆ ◆ ◆ 411 421 435 v vi CONTENTS IN BRIEF APPENDIX F Internet Technology ◆ 441 APPENDIX G Legal Research Starting Points and Web Search Tools APPENDIX H Federal Law Web Resources ◆ State and Municipal Government Law Web Resources APPENDIX J International Law Web Resources ◆ ◆ 455 457 APPENDIX L Wiretapping Statutes ◆ 559 APPENDIX M Background Information on Search and Seizure Glossary Index ◆ ◆ 575 587 447 451 APPENDIX I APPENDIX K Cases ◆ ◆ 569 ◆ 453 Contents Table of Cases Preface ◆ ◆ xv xvii Acknowledgments About the Authors Introduction ◆ ◆ ◆ xxi xxii xxiii CHAPTER Law and Sources of Law Introduction ◆ The American System of Law ◆ Our Common Law Heritage ◆ Civil Law ◆ Federalism ◆ The Supremacy Clause ◆ Our Tripartite System ◆ Interplay Among the Three Branches of Government in Lawmaking ◆ Interplay Between the Legislative and Judicial Branches ◆ The Chief Executive ◆ The Judicial Branch ◆ 10 Administrative Agencies ◆ 11 Sources of Law ◆ 12 Primary Sources and Secondary Sources ◆ 13 Citation to Legal Sources ◆ 14 Legal Publishing ◆ 14 Summary ◆ 15 Key Terms ◆ 16 Exercises ◆ 16 Cyberlaw Exercises ◆ 16 Discussion Points ◆ 16 CHAPTER Legal Reasoning and Analysis Introduction ◆ 17 Doctrine of Stare Decisis ◆ 18 Roe v Wade and the Doctrine of Stare Decisis 17 ◆ 19 Application of Roe v Wade to a Later Case ◆ 19 At Least Two Sides to Every Problem ◆ 20 Judicial Opinions ◆ 22 Majority Opinion ◆ 22 Plurality Opinion ◆ 22 Concurring Opinion ◆ 22 Dissenting Opinion ◆ 23 Per Curiam Opinion ◆ 23 Court Membership ◆ 23 Mandatory and Persuasive Authority ◆ 24 Obiter Dictum ◆ 25 Judicial Restraint and Judicial Activism ◆ 26 Legal Analysis of Statutory Law ◆ 27 Legislative Intent ◆ 27 The Plain Meaning Rule ◆ 27 Limitations on the Plain Meaning Rule ◆ 28 Aids to Statutory Interpretation ◆ 29 Strict Construction ◆ 29 Legislative History ◆ 30 A Caveat on Statutory Interpretation ◆ 31 Legal Analysis of Constitutional Law ◆ 31 Originalism ◆ 32 Modernism ◆ 33 Historical and Contemporary Literalism ◆ 34 Democratic Reinforcement ◆ 35 The Interpretation Process ◆ 35 Reasoning by Analogy and Deductive Reasoning ◆ 35 Jennifer Weiss Illustrative Fact Pattern ◆ 36 Legal Analysis ◆ 36 Deductive Reasoning ◆ 37 Reasoning by Analogy ◆ 38 Summary ◆ 40 Key Terms ◆ 40 Exercises ◆ 41 Cyberlaw Exercises ◆ 41 Discussion Points ◆ 42 vii viii CONTENTS CHAPTER Secondary Sources and Finding Tools 43 Introduction ◆ 43 Encyclopedias ◆ 43 Caveat on Use of Legal Encyclopedias ◆ 45 Excerpts from a Legal Encyclopedia ◆ 46 Use of Legal Encyclopedias ◆ 46 Citation to Legal Encyclopedias ◆ 54 American Law Reports ◆ 54 The Structure of an ALR Annotation ◆ 56 Use of American Law Reports ◆ 61 Citation to American Law Reports ◆ 61 Attorney General Opinions ◆ 62 Citations to Attorneys General Opinions ◆ 64 Restatements of the Law ◆ 64 Citations to Restatements ◆ 65 Treatises ◆ 65 Citation to a Treatise ◆ 67 Legal Dictionaries ◆ 67 Legal Directories ◆ 71 Formbooks ◆ 72 Looseleaf Services ◆ 72 Legal Periodicals ◆ 73 Law School Law Reviews ◆ 73 Bar Association Periodicals ◆ 73 Non-Student-Edited Journals ◆ 76 Legal Newspapers and Newsletters ◆ 76 Legal Periodical Indexes ◆ 76 Digests ◆ 76 West Key Number System ◆ 79 Relationship Between Digests and Reporters ◆ 79 Development of Digest Abstracts ◆ 79 Digest Page Format ◆ 85 Types of Digests ◆ 85 Finding Relevant Material in Digests ◆ 86 Using Digests to Find Cases ◆ 87 Tables of Cases, Defendant-Plaintiff Tables, and Words and Phrases Index ◆ 88 Summary ◆ 88 Key Terms ◆ 89 Cyberlaw Exercises ◆ 89 Legal Research Assignment—Legal Encyclopedias ◆ 89 Legal Research Assignment—American Law Reports ◆ 91 Legal Research Assignment—Digests ◆ 94 Discussion Points ◆ 98 CHAPTER The Judicial Branch and Cases Introduction ◆ 99 The Judicial Branch ◆ 99 Jurisdiction ◆ 100 99 Trial Court ◆ 100 Appellate Court ◆ 102 Federal Courts ◆ 103 State Courts ◆ 105 Reading Cases ◆ 107 For Whom Are Judicial Opinions Written? ◆ 107 Attorneys and Judges Read Judicial Opinions ◆ 107 The Effect of Setting Precedent ◆ 108 The Format for a Reported Decision ◆ 108 Format Preceding the Opinion ◆ 108 The Citation ◆ 108 The Caption ◆ 108 The Syllabus ◆ 118 Headnotes ◆ 118 Authorship of the Opinion[s] and Attorneys for the Parties ◆ 118 Format of the Opinion ◆ 119 The Facts ◆ 119 Procedure ◆ 119 The Issue ◆ 120 The Discussion ◆ 120 The Holding ◆ 120 Finding the Law ◆ 120 Evaluating Cases ◆ 121 Briefing a Case ◆ 122 Case Brief Format ◆ 123 Case Brief for Brendlin ◆ 124 Summary ◆ 125 Key Terms ◆ 125 Cyberlaw Exercises ◆ 126 Legal Research Assignment—Briefing Cases ◆ 126 Legal Research Assignment—Case Law ◆ 127 Discussion Points ◆ 129 CHAPTER Primary Sources: Constitutions, Statutes, Court Rules, and Administrative Law Introduction ◆ 131 Constitutions ◆ 131 Locating Constitutions ◆ 132 Citations for Constitutions ◆ 133 Initiation of Constitutional Amendments ◆ 133 State Constitutionalism and the New Federalism Statutes ◆ 134 The Legislative Branch ◆ 134 Congress ◆ 135 State Legislatures ◆ 138 Publication of Statutes ◆ 140 Slip Law ◆ 140 Session Laws ◆ 141 ◆ 131 134 CONTENTS Statutory Code ◆ 142 Statutes Passed as an “Act” ◆ 143 Annotated Code ◆ 143 Statutory Research ◆ 144 Legislative History ◆ 145 Sample Pages of Wiretapping and Eavesdropping Statutes ◆ 145 Sample Pages of Wiretapping and Eavesdropping Statutes ◆ 147 Citations for Statutes ◆ 159 Local Law ◆ 160 Court Rules ◆ 160 Sample Page of Court Rules ◆ 161 Researching Court Rules ◆ 163 Locating Court Rules ◆ 163 Local Court Rules ◆ 164 Citations for Court Rules ◆ 164 Administrative Law ◆ 165 Publication of Administrative Regulations ◆ 166 Sample Pages of Administrative Law ◆ 166 Sample Pages of LSA and Federal Register ◆ 170 Citations for Administrative Law ◆ 170 Summary ◆ 180 Key Terms ◆ 180 Cyberlaw Exercises ◆ 181 Legal Research Assignment—Constitutions ◆ 181 Legal Research Assignment—Statutes ◆ 182 Legal Research Assignment—Court Rules ◆ 184 Legal Research Assignment—Administrative Law ◆ 186 Discussion Points ◆ 187 CHAPTER Citators 189 Introduction ◆ 189 Note on Computer-Assisted Citators ◆ 189 Citators ◆ 190 Shepardizing Procedure ◆ 192 Getting Organized ◆ 192 Step One: Locate the Correct Set of Shepard’s and Be Ready to Record the Results ◆ 192 Step Two: Determine which Shepard’s Volume to Use ◆ 194 Step Three: Check Each Shepard’s Volume Identified ◆ 194 Abbreviations ◆ 194 Shepardizing ◆ 198 Case Names Citator ◆ 202 Statutes ◆ 203 Shepardizing Statutes ◆ 203 Step One: Locate the Correct Set of Shepard’s and be Ready to Record the Results ◆ 203 Step Two: Determine which Shepard’s Volumes to Use ◆ 204 Step Three: Check Each Shepard’s Volume Identified Keycite ◆ 207 Using Keycite for Cases ◆ 207 Using Keycite for Statutes ◆ 215 Summary ◆ 215 Key Terms ◆ 216 Cyberlaw Exercises ◆ 216 Legal Research Assignment—Citators ◆ 216 Discussion Points ◆ 218 ix ◆ 204 CHAPTER Overview of the Research Process and Ethical 219 Considerations Introduction ◆ 219 George Peak Illustrative Fact Pattern ◆ 219 The Eight Steps of Legal Research ◆ 220 Preliminary Considerations ◆ 221 Getting Organized ◆ 221 Jurisdiction ◆ 224 Currency ◆ 224 Three Basic Approaches to Legal Research ◆ 224 Overview Approach: Learning about the General Topic ◆ 224 Topic Approach: Learning about the General Topic ◆ 224 Known Primary Source Approach: Starting from a Primary Source You Have ◆ 225 Step One: Gathering Information ◆ 225 Step Two: Identifying Key Terms ◆ 226 Identification of Key Terms: Parties, Places, Acts or Omissions, Defense, and Relief ◆ 226 Identification of Key Terms: Things, Acts, Persons, and Places ◆ 227 Parties or Persons ◆ 227 Place ◆ 227 Objects or Things ◆ 227 Acts or Omissions Forming the Basis of the Action or Issue ◆ 227 Defense ◆ 227 Relief ◆ 227 Key Terms ◆ 227 Identification of Key Terms by Using Indexes and Tables of Contents: The Cartwheel ◆ 228 Step Three: Learn More About the Area of Law You are Researching through Second Authority ◆ 229 Step Four: Locating Primary Authority ◆ 230 Step Five: Locating Other Primary Authority ◆ 231 Step Six: Reviewing Found Sources and Updating ◆ 233 Step Seven: Deciding Whether You are Finished with Your Research ◆ 234 Step Eight: Evaluate What You Have Found and Determine the Answer to Your Research Question ◆ 234 ... Paralegalism • Juvenile Law • Law Office Management • Law Office Procedures • Legal Nurse Consulting • Legal Research, Writing, and Analysis • Legal Terminology • Legal Transcription • Media and. .. understand the fundamentals of legal research The objectives of the legal writing portion of the book are: to explain the fundamentals of legal analysis and writing; to teach the student how to communicate... different type of legal document, starting with the transmittal letter and the client opinion letter and continuing through pleadings and motions, the office memo, the memorandum of law, and the appellate