For courses in legal research and writing.
A comprehensive - yet very understandable - step-by-step approach to legal research and writing.
Legal Research and Writing: A Practical Approach for Paralegals introduces students to the process of legal research and writing with a very readable, yet thorough, step-by-step approach. Students will become proficient in legal research through easy-to-understand text and helpful visual aids, the application of learned concepts to a recurring case study, as well as many practical and engaging problems and fact-based exercises.
Utilizing both print and online sources, students will learn how to conduct legal research with maximum results. The text provides a unique guided approach to Westlaw (R) and Lexis (R) instruction and a comprehensive case study where students must apply the skills they've learned throughout the course. They will learn where to find the law, as well as how to effectively read, understand, analyze, and apply the law to any given fact pattern. In addition, detailed instruction is provided on the rules for quality writing and the important and practical skills of legal analysis, proofreading, editing, and cite-checking. In short, this book will equip the student with all the necessary tools needed to complete any basic legal research assignment.
Rezensionen / Stimmen
"I love the comprehensive case studies! This is one of my favorite things about the book! It's a great hands-on method of teaching research. I believe the author has done it in both an engaging and straightforward manner that students will find appealing." - Sonia Toson, Kennesaw State University, Atlanta, GA
"The practical problems are an appropriate inclusion in this text. They help to affirm the broad range of tasks assigned to paralegals and the dedication to detail that paralegals must have in the real world." - Deborah Hoffman, Columbus State Community College, Columbus, OH
"My community college students could very easily understand this work. The writing level for my students is great! Not too easy but not too difficult." - Lisa Robinson, Central Carolina Community College, Raleigh, NC
"I love the smoothness and the quality of writing. I teach at the vocational associate and bachelor level and feel that the book would and could raise the bar (that I love) but at the same time needs to accommodate the current needs and level of the quality of the student." - Carina Aguirre, Everest College and Platt College, Fontana, CA
"I think it is perfect for paralegal students. The author really has a feel for what students know, as well as what they need to know, and he writes in a style and at a level that will engage the students and make them want to read the chapter materials." - Steve Dayton, Fullerton College, Whittier, CA
Sprache
Verlagsort
Verlagsgruppe
Zielgruppe
Für höhere Schule und Studium
Maße
Höhe: 272 mm
Breite: 213 mm
Dicke: 23 mm
Gewicht
ISBN-13
978-0-13-380864-3 (9780133808643)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Robert P. O'Neill Jr., J.D., is a lawyer and professor who began his legal career at the District Attorney's Office in Philadelphia, beginning as a volunteer and later employed as a paralegal in various units within the office. Thereafter, he accepted an invitation to study law in Pittsburgh where he earned his Juris Doctorate at Duquesne University. While enrolled in his legal studies, he utilized and sharpened his research and writing skills as the senior law clerk at a large defense litigation firm. There, he performed legal research on complex issues on a daily basis and wrote numerous defense briefs and memorandums for multiple attorneys in the areas of workers' compensation, federal civil rights, municipal law, and personal injury law.
He later returned to Philadelphia and became an adjunct professor of paralegal and pre-law studies at Drexel University. He created and taught Legal Research and Writing and Advanced Legal Research and Writing, as well as assisted in restructuring the Paralegal Studies Minor Program. During that time, he also served as a judicial clerk in the First Judicial District of Pennsylvania, where he has clerked in the homicide, felony, and family courts. He has engaged in hundreds of hours of legal research and drafted more than 80 judicial opinions to the Superior Court of Pennsylvania, as well as three death penalty opinions to the Supreme Court of Pennsylvania. He also has mentored numerous undergraduate and law school interns providing basic instruction in legal research and writing. He has volunteered his time at numerous legal interest events, and served as a student mentor at his law school. Legal Research and Writing: A Practical Approach for Paralegals is his first published work. He currently resides in Philadelphia.
Chapter 1
The Basics of Legal Research 3
Learning Objectives 2
What is Legal Research? 3
Introduction to the US Legal System 5
Federal Government 6
State Government 6
The Federal and State Court Structure 7
Levels of Court: Trial and Appellate 7
The Federal Court System 7
The State Court System 10
Federal and State Issues Combined 13
The Sources of Law 14
Types of Law: Civil and Criminal 14
Primary Sources 16
Secondary Sources 20
Mandatory and Persuasive Authority 20
Critical Thinking and Application 23
Chapter 2
The Five Components of Legal Research 25
Learning Objectives 24
Formulating and Developing the Issue 25
Defining the Issues 25
Knowing the Facts 26
Methods of Research: Print and Online 27
Print Resources 28
Online Resources 28
Which Is Better-Print or Online Research? 31
Research Strategies: The Citation and the Word Search Method 32
The Citation Method 32
The Word Search Method 33
Validating and Updating the Research 34
Print Sources 34
Online Sources 35
Cite-Checking 35
Citation: Identifying the Research 35
The Bluebook 36
The ALWD citation Manual 37
Cornell's Legal Information Institute (Lii) 38
Critical Thinking and Application 39
Comprehensive Case Study
Part I The Facts and Issues 40
Chapter 3
Secondary Sources of Research 45
Learning Objectives 44
An Introduction to the Secondary Sources 45
Secondary Sources Used as References 46
Legal Encyclopedias 46
American Law Reports 56
Restatements of Law 63
Treatises 65
Legal Dictionary and Thesaurus 68
Loose-Leaf Services 69
Additional Secondary Resources 71
Secondary Sources Used in Practice 73
Formbooks in Print and Online 73
Jury Instructions in Print and Online 76
Critical Thinking and Application 79
Chapter 4
The Basics of Statutory Law 83
Learning Objectives 82
Introduction to Statutory Research 83
Adapting to the Needs of Society 83
How to Identify the Parts of a Statute in Print 84
Statute Publication 88
The Legislative Process: A Brief Look 88
The Stages of Statutory Publication 88
How to Conduct the Legislative History of a Law 93
How to Read a Statute 97
Statutory Construction 101
Critical Thinking and Application 102
Chapter 5
How to Search for a Statute 109
Learning Objectives 108
State and Federal Statutes in Print 109
Statutory Codes: Publication and Citation 109
Search Approach: The Citation and Index Methods 116
Finding State Statutes 119
Finding Federal Statutes 125
State and Federal Statutes Online 131
WestlawNext 132
Lexis Advance 136
Copy a Statute Citation into a Word Document 144
Additional Online Statutory Sources 145
Local Laws in Print and Online 145
Critical Thinking and Application 147
Chapter 6
The Basics of Case Law 151
Learning Objectives 150
Introduction to Case Law Research 151
How to Identify the Parts of an Opinion 153
The Elements of an Opinion 154
Case Publication 160
Published and Unpublished Opinions 160
The Stages of Case Publication 163
Researching Case Law by Jurisdiction 167
Case Briefing 169
The Components of a Case Brief 170
Critical Thinking and Application 185
Chapter 7
How to Search for a Case 187
Learning Objectives 186
State and Federal Cases in Print 187
Case Reporters: Publication and Citation 187
Search Approach: The Citation and Digest Methods 196
Finding State Cases 201
Finding Federal Cases 207
State and Federal Cases Online 209
WestlawNext 210
Lexis Advance 218
Copy a Case Citation into a Word Document 225
Searching Case Validation: KeyCite and Shepard's 226
Print Source: Shepard's 226
Online Source: Shepard's 227
Online Source: KeyCite 228
Additional Online Case Law Sources 231
United States Supreme Court Opinions 233
Where to Find USSC Cases in Print 234
How to Find USSC Cases in Print 235
Where to Find USSC Cases Online 236
Critical Thinking and Application 242
Chapter 8
Administrative Law 245
Learning Objectives 244
An Introduction to Administrative Law 245
Executive Agencies 246
Independent Agencies 247
Agency Powers 248
Searching Federal Regulations 249
The Federal Register 249
The Code of Federal Regulations (Cfr) 254
How to Cite a Federal Regulatory Law 262
Searching State Regulations 263
Print Sources 264
Online Sources 266
Critical Thinking and Application 270
Chapter 9
Court Rules, Docket Searches, and Non-Legal Sources 273
Learning Objectives 272
Researching Rules of Court and Evidence 273
The State Rules 273
The Federal Rules 274
Citing the Rules 276
Validating the Rules 277
Researching the Professional Rules of Conduct 277
Validation 278
Citation 278
Docket Searches 279
State Dockets 279
Federal Dockets 280
Docket Access through Online Subscriptions 280
Researching Non-Legal Sources of Information 281
Local Resource Information 281
People 281
Experts/Consultants 282
Attorneys 282
Medical Information 282
WestlawNext and Lexis Advance Software 283
Critical Thinking and Application 285
Comprehensive Case Study
Part II Finding the Law 286
Chapter 10
Legal Analytical Skills 293
Learning Objectives 292
What Is Legal Analysis? 293
The Methods of Legal Analysis 294
Similar Facts Analysis 294
Similar Law Analysis 297
Utilizing Primary Sources Together 298
Critical Thinking and Application 300
Chapter 11
The Basic Rules of Writing 305
Learning Objectives 304
Grammar 305
Verbs 305
Nouns and Pronouns 307
Adjectives and Adverbs 308
Conjunctions 309
Preposition 310
Articles 310
Punctuation 311
Apostrophe 311
The Hyphen and Compound Words 312
Comma, Period, Semi-Colon, and Colon 312
Parentheses, Quotation Marks, Ellipses 314
Additional Rules 315
Critical Thinking and Application 317
Chapter 12
The Rules for Effective Writing 321
Learning Objectives 320
Being Clear 321
The Noun/Verb Format 321
Active and Passive Voice 322
Parallel Construction 323
Verb Tense 323
Vagueness 324
Nominalizations 325
Being Concise 325
Word Choice 325
Word Usage 326
Additional Writing Rules 329
Capitalization 329
Spelling 329
Numbers and Figures 330
Sentence Construction 331
Paragraph Construction 332
Critical Thinking and Application 335
Chapter 13
The Research Memorandum 339
Learning Objectives 338
What Is a Research Memorandum? 339
Objective Writing 339
Purpose and Use 340
Audience 340
Format and Components 340
Components of a Memorandum 341
Legally Significant Facts 344
Use of Citation 350
Using Citation Within a Memorandum 351
The Memorandum as a Writing Sample 354
Preparing the Memorandum 354
When to Submit 355
Critical Thinking and Application 356
Comprehensive Case Study
Part III Drafting the Legal Memorandum 360
Chapter 14
Legal Correspondence 365
Learning Objectives 364
Legal Letter Writing 365
The Components of a Legal Letter 366
General Correspondence Letters 369
Demand Letters 377
Opinion Letters 380
Collection Letters 380
Online Correspondence 380
Correspondence by E-Mail 383
Text Messaging 383
Critical Thinking and Application 384
Chapter 15
Proofreading, Editing, and Cite Checking 389
Learning Objectives 388
Proofreading and Editing Skills 389
Proofreading and Editing 389
Cite-Checking Skills 393
Inserting and Validating Citations 393
Online Assistance 396
Validating Citations to a Record 397
Critical Thinking and Application 399
Comprehensive Case Study
Part IV Drafting Legal Correspondence 404
Appendix A
Sample Legal Memoranda 406
Appendix B
"My Law"-A State-Specific Citation and Jurisdication Guide 416
Appendix C
More Practice: An Additional Case Study 420
Index 424
