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The Four-Step Legal Research Process

The Four-Step Legal Research Process. In this training, you’ll learn about : The four-step legal research process The first three steps of the legal research process. The Four-Step Legal Research Process. Legal Research Process

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The Four-Step Legal Research Process

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  1. The Four-Step Legal Research Process In this training, you’ll learn about : • The four-step legal research process • The first three steps of the legal research process

  2. The Four-Step Legal Research Process Legal Research Process Barkan, Mersky and Dunn’s Assignments to Fundamentals of Legal Research, 9th and Legal Research Illustrated, 9th New York: Foundation Press, 2009: • Step 1: Identify and analyze the significant facts. • Step 2: Formulate the legal issues to be researched. • Step 3: Research the issues presented. • Step 4: Update

  3. The Four-Step Legal Research Process Step 1. Identify and Analyze the Material Facts: Mr. Hanna was employed by defendant WCI Communities, Inc., a homebuilding and real estate services that primarily focused on master-planned communities in Florida. He originally worked for WCI as a project manager and was subsequently promoted to President of WCI’s homebuilding division. While preparing WCI’s fiscal year business plan, Mr. Hanna began to voice concerns that the plan was neither reasonable nor realistic, and that there was a significant likelihood that the plan could mislead the investing pubic. He also expressed concerns that WCI’s top officials were knowingly misleading investors about WCI’s business plan. Two weeks later, WCI terminated Hanna without prior notice and informed him that the company wanted a “coaching change”

  4. The Four-Step Legal Research Process

  5. The Four-Step Legal Research Process Step 2: Formulate Legal Issues: • Was Mr. Hanna’s termination lawful? • Is Mr. Hana “protected”? • What are the elements of a prima facie case for Mr. Hanna’s claim?

  6. The Four-Step Legal Research Process Step 3: Research • Brainstorm search terms • Where should we start our research? • Primary Law? • Secondary sources? • legal encyclopedias v. treatises

  7. The Four-Step Legal Research Process • To began your research, think about all the terms that might help you find the information you need. • Then, consider where you’ll look for those terms. • Law libraries contain integrated collections of traditional research materials and info technologies that can be used together. • You can also use table of content for those publications on Westlaw.

  8. The Four-Step Legal Research ProcessBrainstorm search terms: • Assume we are unfamiliar with Employment law and publicly treaded companies. • In that case, let’s start with Secondary resources to quickly learn about your topics. • Legal encyclopedias provide a broad overview.

  9. The Four-Step Legal Research ProcessBrainstorm search terms: American Jurisprudence, 2nd is a leading encyclopedia, so lets start there.

  10. As with most reference book, you can start searching for entries of your term in the index or you can also use table of content for those publications on Westlaw.

  11. American Jurisprudence 2d (AMJUR) We couldn’t find lawful termination in the Table of Content, but we found wrongful discharge. Scanning the subtopics of wrongful discharge we found “whistle blowing”. This seems on point to our scenario, so we’ll look at the volume containing wrongful discharge.

  12. American Jurisprudence 2d (AMJUR)

  13. American Jurisprudence 2d (AMJUR) Click into Summary and the section begins with a very useful summary of the subject.

  14. American Jurisprudence 2d (AMJUR) The summary is followed by an outline of the contents. We have browsed the contents and found tht section 117 through 134 provide a board overview of the whistle blowing topic.

  15. American Jurisprudence 2d (AMJUR)

  16. American Jurisprudence 2d (AMJUR)

  17. The Four-Step Legal Research Process Step 4: Update A number of different paths are available, based on our print research: • Find the USCA citation on Westlaw and quickly link to relevant content and Keycite. • Using what we have learned, craft either a Terms and Connectors or Natural Language search in the Federal Labour Cases (FLB-CS) database. • Search the ALR database for an on-point article.

  18. 1.Find the USCA citation on Westlaw and quickly link to relevant content and Keycite.

  19. Update: Section Outline

  20. 1.Find the USCA citation on Westlaw and quickly link to relevant content and Keycite. Graphical History

  21. 1.Find the USCA citation on Westlaw and quickly link to relevant content and Keycite.

  22. Click the case citation to view the case . Click the topic and key number to search for more cases discussing this point of law

  23. 1.Find the USCA citation on Westlaw and quickly link to relevant content and Keycite. ResultPlus display relevant additional material.

  24. The Four-Step Legal Research Process Step 4: Update A number of different paths are available, based on our print research: • Find the USCA citation on Westlaw and quickly link to relevant content and Keycite. • Using what we have learned, craft either a Terms and Connectors or Natural Language search in the Federal Labor Cases (FLB-CS) database. • Search the ALR database for an on-point article.

  25. 2. Using what we have learned, craft either a Terms and Connectors or Natural Language search in the Federal Labor Cases (FLB-CS) database.

  26. Key Numbers

  27. The Four-Step Legal Research Process Step 4: Update A number of different paths are available, based on our print research: • Find the USCA citation on Westlaw and quickly link to relevant content and Keycite. • Using what we have learned, craft either a Terms and Connectors or Natural Language search in the Federal Labor Cases (FLB-CS) database. • Search the ALR database for an on-point article.

  28. Search the ALR database for an on-point article.

  29. Search the ALR database for an on-point article.

  30. Search the ALR database for an on-point article.

  31. Search the ALR database for an on-point article.

  32. Search the ALR database for an on-point article.

  33. Conclusion: • To be successful, Mr. Hanna must show that : • He engaged in protected activity • His employer knew of the protected activity • He suffered an unfavorable employment action • There is a connection between the activity and the employment action

  34. Conclusion: Legal Research Process in conclusion: Once you identify and analyze material facts of your research and formulate the legal issue, you should then brainstorm the search terms and carry out update for the information.

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