Legal Research (Word doc)

Legal Research POLI 496

Donna K. Axel, Esq.

R-517

Tel: 201-200-3574

Email: daxel@njcu.edu

(For all EMAILS: please specify course title and your name in subject)

Legal research and analysis are at the heart of what lawyers do. In this course, we will learn the fundamentals of legal research as we explore the U.S. legal system, sources of law, and methods for applying the law to facts. Readings include a required text (see below) and primary legal sources, such as cases and statutes.

Course Requirements

In-Class group and individual assignments (20%)

Required Text

Delaney, John, Learning Legal Reasoning, 3d ed., 2006. [Delaney 1]

Delaney, John, How To Do Your Best On Law School Exams, 4^th ed., 2006. [D2]

1. Michael J. Murray & Christy H. DeSanctis, Legal Research and Writing, Foundation Press (2006). (Main Text/LR)

2. Michael J. Murray & Christy H. DeSanctis, Legal Research and Writing: Problems and Exercises, Foundation Press (2005). (LR: P&E)

3. Morris L. Cohen and Kent C. Olson, Legal Research in a Nutshell, Thomson West, (2003). (Nutshell)

4. Bluebook: A Uniform System of Citation, 18^th ed., (2005). (“Bluebook”)

Peter W. Martin, Introduction to Basic Legal Citation (LII 2006 ed.), http://www.law.cornell.edu/citation/

Findlaw: http://www.findlaw.com/

Cornell’s Legal Information Institute (LII): http://www.law.cornell.edu/

LII/Wex (Public access law dictionary and encyclopedia): http://www.law.cornell.edu/wex/index.php/Main_Page

Class 1: Introduction to the Process of Law, Legal Research and Case Briefing

In-Class discussion re: Legal Method, Sources of Law, Primary & Secondary Sources

Pre-Test

Class 2: Legal Reasoning: the basis for understanding case law, lawyers, & judges

Reading: Delaney, Chapter 1; D2, pp. x-6.

Movie: The Paper Chase

Assignment 1 Due: Google, Findlaw, & Brown.

Class 3: The Case Brief: a means to learning legal reasoning

In-Class Exercise: How to Brief a Case

In-Class Exercise: Sources of Law Primary and Secondary Sources

Reading: Delaney, Chapter 2; D2, pp. 7-14.

Assignment 2 Due: The purpose of legal research, case briefs, & “thinking like a lawyer” .

Class 4 (Sept. 27): LIBRARY: Westlaw

Reading: Go to “Search Tips for Westlaw.com”: http://west.thomson.com/documentation/westlaw/wlawdoc/web/cswlcm04.pdf

Also: Legal Research in a Nutshell, pp. 82-137.

Assignment Due: In-Class Assignment: LRW: P&E, pp. 47-49, Select Qs (TBA).

Assignment 3 Due: Various Forms of Logical Reasoning

Class 5 (Oct. 4): LIBRARY: Westlaw Exercise re: Analysis of Multiple Authorities

Reading: TBD.

In-Class Assignment: Ranking authorities in terms of their value to your case.

Recommended Exercises: In-Class Assignment: LRW: P&E, pp. 50-52 (West Digest System Exercises); and pp. 53-56 (as time permits).

 Assignment 4 Due: NJ Common Law Marriage

Class 6: The Life of a Case, Court Systems, Hierarchy of Judicial Authority, Jurisdiction

Readings:

QUIZ: Basic Westlaw Searches

Delaney, Chapters 3, pp. 50-55 & Chapter 4

Assignment 4: In-Class re: Controlling authority (Identifying authoritative law),

In-Class Assignment re: Jurisdiction (if we have time).

Class 7 (Oct. 18): Pre-Law Event, Room TBA

OCTOBER 18, 7pm-9:30pm: You are invited to join us for Guest Speaker and

Prep for the NY Law Forum, Room TBA

Register for the NY Law Forum: http://www.lsac.org/

undefinedClass 8: Reconciling two cases: The role of precedent and analogous reasoning

Reading: Delaney, Chapter 4 (Narrow v. Broad Holdings); D2: TBD

In-Class Assignment re: Determining the Rule: Is precedent used EXACTLY?

OR Is precedent interpreted, modified, or changed by the judge(s)?

Assignment 5 Due re: Library Research Process: cases, research, and overview.

Classes 9-12: Writing up your research results

Class 9: Practicing Legal Citations.

Reading: D2, Chapters 2-4.

go to http://www.law.cornell.edu/citation/ Peter W. Martin, Introduction to Basic Legal Citation (LII 2006 ed.). Read the sections under “What and Why?”

Reading: Legal Research in a Nutshell, pp. 138-313.

In-Class Assignment: Practicing Legal Citations, LRW

In-Class Assignment: Case Briefing.

Assignment 6 Due: Determining the Rule.

Class 10: Writing about precedent

QUIZ: Legal Citations

Delaney, Chapter 5 (Overruling precedent…? And ways to buttress precedent);

D2: Chapters 4-5; (6-7, if possible).

Assignment 7 Due: Case Briefing

Classes 11: Research Plans & CIRIP

Recommended Reading:

Legal Research in a Nutshell , pp. 13-18.

Assignment 8 In-Class: Organizing a Research Plan.

Class 12: Secondary Sources of the Law & Court Rules

Reading: Focus on Law Review Articles.

Assignment 9 In-Class: Summarize first two-three paragraphs of law review article in the margins. How does this law review relate to your research?

Class 13: Research Memo Due

Reading: Delaney, pp. 106-129

Class 14: Post-Test

Reading: Delaney, pp. 106-129

Week 15: Individual Appointments

Enjoy the holidays!