Legal Research, Analysis, and Writing 6th Edition

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Edition: 6th
Format: Paperback
Pub. Date: 2017-01-12
Publisher(s): Pearson
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Summary

The basics of legal research, analysis, and writing in a practical, relevant approach

Legal Research, Analysis, and Writing gives students the essential knowledge and tools they need to research and analyze a legal problem and communicate the results in diverse forms of legal memoranda. Covering both traditional and free Internet research, the book’s practical, relevant approach provides a number of outstanding teaching and learning aids, among them short memos with hypothetical factual situations for students to research, research and writing exercises and assignments, writing examples and exercises, online research exercises, citation exercises, numerous sample pages and screenshots, legal research problems with answers, checklists for research and writing, and an Instructor’s Manual. The Sixth Edition updates and expands many of the examples and exercises used throughout the text to give students the latest information available.

Author Biography

Joanne Banker Hames is an attorney and paralegal educator who has been actively involved in paralegal education since 1977. She is an instructor in and the former coordinator for the ABA-approved paralegal program at DeAnza Community College in Cupertino, California, as well as an adjunct instructor at Santa Clara University’s School of Law. She earned her JD from Santa Clara University Law School and has been an active member of the California Bar since 1972. As an attorney, she has been involved in research and writing for legal memoranda and appellate briefs. Among the classes she teaches are Legal Research and Writing, Advanced Legal Research and Writing, Advanced Legal Research Using Westlaw and Advanced Legal Research Using Lexis. She is the co-author of Civil Litigation, Introduction to Law, and Constitutional Law: Principles and Practice.

 

Yvonne Ekern is an Associate Clinical Professor of Law at Santa Clara University’s School of Law and a full-time member of the Legal Analysis, Research, and Writing faculty. For seven years she was the chairperson of the West Valley College Paralegal Program (ABA approved). Prior to attending law school, she taught high school English and math in California and Missouri. She graduated from the University of Idaho School of Law in 1985. While working in criminal and family law offices, she taught part-time in several Silicon Valley paralegal programs. Among the classes she teaches are Legal Research and Writing, Advanced Legal Research and Writing, Appellate Advocacy, Advanced Legal Research and Writing Using Lexis, and Legal Analysis. She has over 25 years’ teaching experience. She is the co-author of the texts Introduction to Law, and Constitutional Law: Principles and Practice .

Table of Contents

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

APPENDIX A: Research Case Files 

APPENDIX B: Research and Writing Problems Based on Short Stated Fact Patterns 

APPENDIX C: Legal Citation

APPENDIX D: Research Strategies: An Overview

APPENDIX E: Case Briefing Practice 

APPENDIX F: Supplemental Cases 

APPENDIX G: Answer Key to “Test Yourself”

APPENDIX J: U.S. Court System  

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