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CHAPTER 2 PRENUPTIAL AGREEMENTS. © 2006 Thomson Delmar Learning. All Right Reserved. Chapter 2. Legal Research and Writing. Developing your skill Legal Memorandum of Law Appellate brief Susan’s first research assignment Where to start Digest.
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CHAPTER 2PRENUPTIAL AGREEMENTS © 2006 Thomson Delmar Learning. All Right Reserved.
Chapter 2 Legal Research and Writing • Developing your skill • Legal Memorandum of Law • Appellate brief • Susan’s first research assignment • Where to start • Digest © 2006 Thomson Delmar Learning. All Right Reserved.
Chapter 2 Legal Research and Writing • Susan’s first Memorandum of Law • Statement of facts • Issues presented • Discussion • Conclusion • Discussing Susan’s writing assignment • How our legal system was created • English imports © 2006 Thomson Delmar Learning. All Right Reserved.
Chapter 2 Legal Research and Writing • Common Law • Precedent/ Doctrine of Stare Decision • Common law • Supreme Court • Three parts • Majority • Dissent • Concurrence © 2006 Thomson Delmar Learning. All Right Reserved.
Chapter 2 Legal Research and Writing • Statutory Law • Statutory law • Statute • Codes • How the Court System is set up • Supreme Court • County Courts • Circuit Courts • District/ Superior Court • Small Claims Court • Trial Court © 2006 Thomson Delmar Learning. All Right Reserved.
Chapter 2 Legal Research and Writing • The Judge’s Job • Interpret the law • Apply jurisdiction • Primary authority • Secondary or persuasive authority • Learning the law • Socratic method © 2006 Thomson Delmar Learning. All Right Reserved.
Chapter 2 Legal Research and Writing • Learning legal research • Judicial opinions • Reporters • Supplemental bound volume • Pocket parts • Advance sheet • Regional Reporters • Case of first impression © 2006 Thomson Delmar Learning. All Right Reserved.
Chapter 2 Legal Research and Writing • Do statutes apply to your case? • Federal vs. State • Are you researching procedural or substantive law? • Substantive law • Procedural law © 2006 Thomson Delmar Learning. All Right Reserved.
Chapter 2 Legal Research and Writing • Finding the Right Books for Research • Essential Sources for Legal Research • State statutory code • Case reporters • Court rule book • Case digest • Legal newspaper © 2006 Thomson Delmar Learning. All Right Reserved.
Chapter 2 Legal Research and Writing • You Have The Right Books, But Now What? • Words and phrases • Index • CALR • A Brave New World: Computer-Assisted Legal Research • Westlaw • Lexis-Nexis • Search engines © 2006 Thomson Delmar Learning. All Right Reserved.
Chapter 2 Legal Research and Writing • How to Locate a State Statute • Coding • Statute Analysis • Legislative history • Needle in a Haystack: Finding the Applicable Case Law • Determine what issue is being searched • Analyze your research question © 2006 Thomson Delmar Learning. All Right Reserved.
Chapter 2 Legal Research and Writing • Additional research help available • Corpus Juris Secundum (CJS) • American Jurisprudence (Am Jur) • Citations: No two alike • Example: 74 HAW. 645, 852 P.2d 44 (1993). • The first set of numbers, 74 HAW. 645, means that the case can be found in the 74th volume of the Hawaii Reports one page 645. The second set of numbers is known as a parallel citation and directs you to the same case opinion, but in the geographic region reporter – in this case, the reporter for the Pacific region. The citation 852 P.2d 44 directs you to volume 852 of the second series of the Pacific Reporter on page 44. © 2006 Thomson Delmar Learning. All Right Reserved.
Chapter 2 Legal Research and Writing • Shepardize or suffer the consequences • Shepardizing • Analyzing a Case: Learning How to Read – Again? • Case briefing • How to brief a case • Determine key facts • Legal issues in dispute • Holding of the case © 2006 Thomson Delmar Learning. All Right Reserved.
Chapter 2 Legal Research and Writing • Susan’s first Appellate Brief • Writing your first Appellate Brief • Identifying the parties in the appeal • Cover sheet requirements • Table of Contents • Table of authorities • Statement of issues • Statement of facts • Argument • Conclusion • Appellate brief analysis © 2006 Thomson Delmar Learning. All Right Reserved.
Chapter 2 Legal Research and Writing • Ethics Alert: • Should Susan be concerned? © 2006 Thomson Delmar Learning. All Right Reserved.
