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The second edition of this popular text provides students with in-depth knowledge of the fundamentals divided into four parts: Introduction to Research Analytical Principles and the Legal Process; Legal Research; Legal Analysis; and Legal Writing. This approach meets the challenge that Paralegals and law clerks are increasingly faced with when called upon to perform substantive legal research, analysis, and writing tasks. Comprehensive coverage of the difficult areas of legal research, analysis, and writing, such as: conducting statutory research and analysis; how to cite authority; how to identify the key facts in a case; how to conduct counteranalysis; and how to prepare an interoffice memorandum and court brief are included. Numerous hypotheticals, examples, and exercises engage students, and make the subject matter easier to comprehend. The setup of this text allows for use in separate research and writing courses, or where both researching and writing are combined in one course, instructors can select the chapters deemed appropriate.
William Putman was an instructor in the Legal Assistant Studies Program at Central New Mexico Community College in Albuquerque, New Mexico, as well as the Paralegal Studies Program at Santa Fe Community College, in Santa Fe, New Mexico for ten years. He received his Juris Doctor degree from the University of New Mexico School of Law, and has been a member of the New Mexico Bar since 1975.
PART I: INTRODUCTION TO RESEARCH, ANALYTICAL PRINCIPLES, AND THE LEGAL PROCESS. 1: Introduction to Legal Principles and Authorities. 2: Introduction to Legal Research and Analysis. PART II: LEGAL RESEARCH. 3: Constitutions, Statutes, Administrative Law, and Court Rules--Research and Analysis. 4: Case Law--Research and Briefing. 5: Secondary Authority and Other Research Sources--Encyclopedias, Treatises, American Law Reports, Digests, Shepard's. 6: Secondary Authority-- Periodicals, Restatements, Uniform Laws, Dictionaries, Legislative History, and Other Secondary Authorities. 7: Computers and Legal Research. 8: Legal Citation. PART III: THE SPECIFICS OF LEGAL ANALYSIS. 9: Legal Analysis--Key Facts. 10: Legal Analysis--Issue Identification--Spotting the Issue. 11: Legal Analysis--Stating the Issue. 12: Case Law Analysis--Is a Case on Point? 13: Counteranalysis. PART IV: LEGAL WRITING. 14: Fundamentals of Writing. 15: The Writing Process for Effective Legal Writing. 16: Office Legal Memorandum: Issues and Facts. 17: Office Legal Memorandum: Analysis to Conclusion. 18: External Memoranda: Court Briefs. 19: Correspondence. Appendix A: Court Opinions Referred to in the Text. Appendix B: Appellate Court Brief. Appendix C: Web Sites. Glossary. Index.