Foundations of Legal Research and Writing / Edition 4

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"Foundations of Legal Research and Writing, 2nd Edition" can be used in vocational, two-year, four-year, and graduate paralegal programs. It can also be used as a business, industry, and government training tool.
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Product Details

  • ISBN-13: 9781435413382
  • Publisher: Cengage Learning
  • Publication date: 4/13/2009
  • Edition description: Older Edition
  • Edition number: 4
  • Pages: 624
  • Product dimensions: 8.40 (w) x 10.80 (h) x 1.10 (d)

Meet the Author

Carol M. Bast is Associate Professor in the Department of Legal Studies at the University of Central Florida. She has won several professional awards, frequently presents at legal and academic conferences, and is an active member of the American Society of Writers on Legal Subjects and the Legal Writing Institute. Her many published works include articles on legal research, legal writing, eavesdropping, and wiretapping, as well as Foundations of Law and Florida Courts, a textbook. Carol Bast earned an M.B.A. from University of Central Florida, a Ph.D. in Spanish from University of Florida, and a J.D. from the New York Law School.

Margie Hawkins is a librarian with national law firm Holland & Knight LLP, and has expertise in computer-assisted legal research and the Internet. A member of the American Association of Law Libraries (A.A.L.L.) and the Orange County Bar Association, she also served on the Advisory Committee for the Valencia Community College Paralegal Studies Program for more than fourteen years. Ms. Hawkins received her Masters of Library and Information Science degree from the University of South Florida, and is a member of Beta Phi Mu, the international library and information science honor society. She holds undergraduate degrees in History and Legal Studies from the University of Central Florida.

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Table of Contents

Table of Cases xii
Preface xiii
Organization of the text xiii
New to this edition xv
Supplemental resources xv
Acknowledgments xvi
Introduction xviii
Chapter 1 Law and Sources of Law 1
Introduction 1
The American system of law 1
Our tripartite system 6
Interplay among the three branches of government in lawmaking 8
Sources of law 14
Chapter 2 Legal Reasoning and Analysis 18
Introduction 18
An illustrative fact pattern 19
Doctrine of stare decisis 19
Judicial opinions 25
Deductive reasoning 27
Legal analysis of statutory law 28
Legal analysis of constitutional law 34
The interpretation process 37
Chapter 3 Secondary Sources and Finding Tools 42
Introduction 42
Encyclopedias 42
American Law Reports 54
Attorney General opinions 66
Restatements of the Law 67
Treatises 68
Legal dictionaries 69
Legal directories 75
Formbooks 75
Looseleaf services 81
Legal periodicals 82
Internet material 85
Digests 86
Legal Research Assignment--Legal Encyclopedias 98
Legal Research Assignment--American Law Reports 100
Legal Research Assignment--Digests 102
Chapter 4 The Judicial Branch and Cases 105
Introduction 105
The judicial branch 105
Reading cases 120
Briefing a case 139
Location of cases 141
Case citations 143
Legal Research Assignment--Reading Cases 149
Legal Research Assignment--Case Law 150
Chapter 5 Primary Sources: Constitutions, Statutes, Court Rules, and Administrative Law 152
Introduction 152
Constitutions 152
Statutes 156
Court rules 189
Administrative law 195
Legal Research Assignment--Constitutions 214
Legal Research Assignment--Statutes 215
Legal Research Assignment--Court Rules 216
Legal Research Assignment--Administrative Law 218
Chapter 6 Citators 220
Introduction 220
Citators 221
Shepardizing procedure 225
Statutes 242
KeyCite 255
Legal Research Assignment--Citators 260
Chapter 7 Overview of the Research Process 262
Introduction 263
Gathering information 263
Identification of key terms 266
Basic approaches to legal research 267
Currency 269
Learning about the general topic 269
Locating primary sources 270
Relationship among research tools 272
Chapter 8 CALR: Computer-Assisted Legal Research 278
Introduction 278
History of Computer-Assisted Legal Research (CALR) 278
Electronic information formats 279
Computer-Assisted Legal Research tools 281
Legislative databases 283
Business information databases 284
Investigative and public records databases 287
Legal citation: electronic formats 290
CALR: pros and cons 291
Chapter 9 The Internet in a Nutshell 296
Introduction 296
Accessing the information superhighway 298
Navigating the Internet 299
The Internet as a research tool 302
Evaluative guidelines for selecting Internet resources 310
Future trends 310
Legal Research Assignment--The Internet 316
Chapter 10 Cyberlaw: Using the Internet as a Legal Research Tool 318
Introduction 318
Available resources 319
The bad news: what is [currently] not available 321
Free vs. fee-based 321
Legal resources on the Internet 322
Government information on the Internet 322
Litigation support 323
Limitations to using the Internet as a research tool 324
Cyber-citation 324
Copyright concerns in the digital environment 325
Future trends 326
Legal Research Assignment--the Internet 329
Chapter 11 Introduction to Legal Writing 331
Introduction 334
Types of legal writing 339
Chapter 12 Fundamentals of Writing 347
Introduction 347
Writing process 347
Structure 348
Mechanical errors 352
More legal writing advice 355
Chapter 13 Transmittal Letter and Client Opinion Letter 365
Introduction 365
Purpose of the transmittal letter 365
Style of letters 365
Purpose of the client opinion letter 374
Format of the client opinion letter 375
Sample client opinion letters 375
Chapter 14 Writing Contracts 386
Introduction 386
What is covered in this chapter 386
The substance of the contract 387
Writing a contract 389
Checklist of matters to be considered when writing a contract for the sale of goods 390
The perfect contract 391
Checklist for an employment contract 398
Organization and format 399
A type of employment agreement--the attorney-client retainer agreement 401
Chapter 15 Pleadings 419
Introduction 419
Purpose and use 419
Format 422
Format of the complaint 425
Format of the answer 426
Evidentiary facts, ultimate facts, and legal conclusions 429
First sample set of pleadings 432
Second sample set of pleadings 436
Cyber Examples 441
Chapter 16 Law Office Memo 442
Introduction 442
Purpose and use 442
Style 443
Format 443
First sample office memo 451
Second office memo 457
Communicating clearly with the reader 463
Chapter 17 Memorandum of Law 469
Introduction 469
Purpose and use 469
Style 471
Organization 471
Format 472
First sample memorandum of law 464
Second sample memorandum of law 480
Chapter 18 Appellate Brief 487
Introduction 487
Purpose and use 488
Format 490
First sample appellate brief 497
Second sample appellate brief 506
Appendices 517
Appendix A Search and Seizure 517
Introduction 517
The Williams search and seizure problem 517
Examples of Primary and Secondary Sources Found after researching search and seizure problem 518
Research and writing exercises 519
Flowchart for office memo on Williams Brothers 519
Sample outline for office memo 521
Appendix B Citation Rules 556
General citation tips 556
United States Supreme Court cases 557
United States courts of appeals 557
United States district courts 557
Citations for constitutions 558
Citations for statutes 558
Citations for court rules 558
Citations for administrative law 559
Citations to legal encyclopedias 559
Citations to American Law Reports 559
Citations to attorneys general opinions 559
Citations to restatements 559
Citation to a treatise 560
Citation to a legal dictionary 560
Citation to a law review article 560
Citation to Internet material 560
Cyber citations 560
Appendix C Rules for Quotations and Short Form Citations 561
Introduction 561
Quotations 561
Short form citations 566
Short form citations for statutes 566
Exercises on short form citations 567
Appendix D Mechanical Errors 568
Introduction 568
Excess words 568
Use of apostrophes 570
Sentence fragments 570
Run-on sentences 573
Parallel construction 574
Antecedents 576
Active versus passive voice 577
Change in tenses 579
Combination of errors 580
Appendix E Problems 581
Was swimming pool an attractive nuisance? 581
Defamation 582
The nightmare property 583
I wonder what is in the package 584
Appendix F Web Bibliography: Company Information on the Internet 586
Appendix G Internet Terminology 588
Appendix H Bibliography of Evaluative Criteria Web Sites 591
Appendix I Legal Research "Starting Points" 592
Appendix J Federal Law Resources 594
Appendix K State and Local Resources 597
Appendix L International Law Resources 598
Appendix M Commercial Legal Information Web Sites 599
Appendix N Topical Index of Legal and Government Web Sites 600
Appendix O Law-Related Internet Discussion Groups (Lists) 604
Glossary 605
Index 615
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