Test Bank for Legal Research and Writing for Paralegals 9th Edition by Deborah E. Bouchoux

Test Bank for Legal Research and Writing for Paralegals 9th Edition by Deborah E. Bouchoux

Test Bank for Legal Research and Writing for Paralegals 9th Edition by Deborah E. Bouchoux

Chapter 1: Finding the Law 1. Once researchers learn to use computer-assisted research platforms such as Lexis Advance and Westlaw, there is no longer any need to use print sources. a. True *b. False 2. Decisions from the U.S. Supreme Court bind all courts in the nation. *a. True b. False 3. Learning to conduct research is an important job skill but there is no ethical duty to research accurately. a. True *b. False 4. Secondary authorities help researchers locate primary authorities. *a. True b. False 5. Once the U.S. Supreme Court has issued a decision on an issue, that decision cannot be changed in the future. a. True *b. False 6. An Ohio Supreme Court cases binds all lower Ohio courts. *a. True b. False 7. Dicta in a case is binding on later courts. a. True *b. False Type: F 8. The rule of law announced in a case is called the remarks made in passing are referred to as

, while .

a. ratio decidendi, dicta Type: E 9. Briefly, what is the key distinction between common law legal systems and civil law legal systems? a. Common law legal systems have a heavy reliance on following cases, which serve as precedent. Civil law systems have a heavier reliance on statutes than cases.

Type: E 10. Identify a way in which the executive branch can serve as a source of law. a. • Treaties are entered into by the executive branch (and treaties are primary authorities;

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• •

The President can issue executive orders to regulate and direct federal agencies; and The executive branch exerts influence through its policies on enforcing the law.

Type: E 11. Why would an attorney drafting a brief rely more heavily on primary authorities than secondary authorities? a. Primary authorities are binding. If relevant a court must follow them. Thus, if an attorney cites relevant primary authorities, a court must follow those. Secondary authorities are only persuasive. Thus, an attorney would prefer to “force” a court to adopt the position of a primary authority.

Type: MT 12. Identify the following sources as primary or secondary authorities. a. A law dictionary = Secondary b. A Nebraska statute = Primary c. A case from Ohio issued by Judge Jones = Primary d. A book entitled Punitive Damages by Judge Jones = Secondary e. A regulation of the FDA = Primary f. An article written about an FDA regulation = Secondary g. An executive order issued by the President = Primary TESTBANKSELLER.COM Type: F 13. The concept of following precedents is referred to as . a. stare decisis

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Chapter 2:

The Federal and State Court Systems

1. Any case that may be brought in state court may be brought in federal court. a. True *b. False 2. Any case brought in federal court must satisfy a monetary amount (currently $75,000) before it may be instituted. a. True *b. False 3. Generally, there are three levels of courts in our federal system. *a. True b. False 4. Federal courts of appeal hear evidence and listen to witnesses testify before they render a decision. a. True *b. False 5. The U.S. Supreme Court can act as a trial court in certain instances. *a. True b. False 6. The U.S. Supreme C oTu rEt S grTanBtA s cNeK rtS ioE raLriLfE orRm.oCstOoMf the cases that wish to be appealed to the Court. a. True *b. False 7. Each state in the United States has at least one federal district. *a. True b. False 8. In most states, the top court is called the Supreme Court. *a. True b. False 9. The intermediate federal circuit courts of appeal can make decisions independent of each other. Thus, for example, the First Circuit is not bound by decisions of the Second Circuit. *a. True b. False 10. All federal judges are appointed by the President. *a. True b. False 11. Granting certiorari is discretionary with the U.S. Supreme Court.

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*a. True b. False 12. Cases from state courts can be appealed to the U.S. Supreme Court (assuming a federal question is involved and certiorari is granted). *a. True b. False 13. The U.S. Supreme Court has clearly defined rules and guidelines indicating when it must grant certiorari. a. True *b. False Type: E 14. Identify the two bases for jurisdiction in federal court. a. Cases may be instituted in federal court that involve a federal question or that are based on the diversity of the parties involved.

Type: F 15. If a case (for example, a bankruptcy matter) can be heard only in federal court (and not in any other court), jurisdiction is said to be . a. exclusive Type: E 16. What does it mean to say that federal courts will not consider issues that are TESTBANKSELLER.COM “moot”? a. Federal courts hear only cases that involve an existing, present controversy. If an issue is resolved, it is called “moot,” and federal courts cannot hear a case that is moot.

Type: F 17. The requirement that a plaintiff must have personally suffered some actual or threatened legal injury and must be adversely affected by some conduct or threatened conduct of a defendant is referred to as . a. standing Type: F 18. The

are the trial courts in our federal system.

a. district courts Type: F 19. The most widely used means to gain access to the U.S. Supreme Court from the lower courts of appeal is the writ of . a. certiorari Type: E 20. Why are courts typically composed of an odd number of judges (for example, nine judges)?

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a. Having an odd number of judges/justices decreases the chance of deadlock.

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Chapter 3:

Statutory Law

1. For legislation to be valid, it must be introduced in the House of Representatives (and not in the Senate). a. True *b. False 2. U.S. Statutes at Large is a valuable set of books that includes all of our federal statutes and that is frequently used by legal researchers. a. True *b. False 3. If a set of books has a pocket part, that pocket part must be examined. *a. True b. False 4. The annotated set U.S.C.A. is widely acknowledged to be more valuable and “better” than U.S.C.S. a. True *b. False 5. The U.S. Constitution is found in both U.S.C.A. and U.S.C.S. *a. True b. False TESTBANKSELLER.COM 6. Attorneys who practice before a court must follow its rules, whether those rules are substantive or procedural. *a. True b. False 7. An official set of statutes is always more reliable than an unofficial set. a. True *b. False Type: E 8. What is the difference between a “bill” and a “statute”? a. A bill is a proposed law (it may or may not be enacted). A statute is enacted law, which must be followed.

Type: E 9. What is the difference between a public law and a private law? a. A public law is one that affects the public generally. A private law affects only one person or a very limited group of persons, granting them some special benefit not afforded to the public at large.

Type: E 10. Why do researchers prefer using a set such as U.S.C.A. or U.S.C.S. rather than using the official United States Code?

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a. The United States Code contains only the language of our federal statutes. It does not send researchers to cases interpreting those statutes, and it does not refer researchers to other helpful sources as do annotated codes such as U.S.C.A. or U.S.C.S. Type: F 11. The process of developing a set of books that compiles currently valid laws on the same subject together with any amendments to those laws is called . a. codification Type: E 12. What is the difference between an official set of statutes and an unofficial set? a. An official set is one that is authorized by a governmental entity. An unofficial set is one that is published without governmental approval.

Type: E 13. Of what value to researchers are the annotations in U.S.C.A. and U.S.C.S.? a. Annotations direct researchers to cases that interpret statutes.

Researchers can then find judicial interpretations of statutes, and it is these judicial interpretations that are binding under our concept of stare decisis.

Type: E 14. What does it mean to say that a pocket part to a set of books is “cumulative”?

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a. A cumulative pocket part includes all of the changes and amendments to a book since the hardbound version of the book was published.

Type: E 15. What is the difference between a pocket part and a supplement? a. A pocket part is a small pamphlet that slides into the back of a hardbound volume to update it. A supplement is a free-standing, separate volume placed on the shelf next to a hardbound volume to update it.

Type: E 16. What does it mean to say that U.S.C.A. and U.S.C.S. are “competitive” sets? a. U.S.C.A. and U.S.C.S. are highly similar. One cannot say that one set is “better” than the other. In most respects, they are essentially the same, and the choice of which set to use is usually based on a researcher’s habit of convenience.

Type: E 17. Describe the three methods a researcher can use to find a statute. a. A researcher can use the descriptive word approach (using an index to look up words and phrases that describe a research problem; a researcher can use the title or topic approach and simply retrieve the appropriate title of a statutory set (because the researcher is quite 2

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familiar with the way the statutes are organized); or a researcher can use the popular name approach to find a federal statute when a statute is known by a popular or common name.

Type: E 18. You have been told to locate 35 U.S.C. § 304. What does this mean? a. You should locate title 35 of the United States Code and review Section 304.

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Chapter 4:

Case Law and Judicial Opinions

1. All cases released by courts are published. a. True *b. False 2. The case name In re indicates a criminal matter. a. True *b. False 3. Researchers cannot quote from the headnotes in a published case. *a. True b. False 4. A per curiam opinion is a Supreme Court opinion that is written by a Chief Justice. a. True *b. False 5. Whether a case is published officially or unofficially is not determinative of its credibility or accuracy. *a. True b. False 6. All of the sets of cas e TreEpS o rTt sBi A nN thK eS NE atL ioLnE alRR.eC poOrM ter System are unofficial. *a. True b. False 7. The court’s opinion in a set of case reports that is published officially is the same as the opinion in a set that is unofficial. *a. True b. False 8. A researcher can quote from and rely on an opinion that is published in an advance sheet. *a. True b. False 9. Any case published in F.3d is newer than any case published in F.2d. *a. True b. False 10. There is no one perfect form for a case brief. *a. True b. False 11. In federal courts, if a case is unpublished, it cannot be cited in any documents or briefs.

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a. True *b. False Type: E 12. Identify at least one standard that courts consider in determining whether to publish a case. a. Courts consider whether a case establishes a new rule of law, addresses an apparent conflict of authority, involves a legal issue of continuing concern, or adds anything to our body of legal literature.

Type: E 13. What does the case name State v. Campbell typically indicate? a. This case name likely indicates a criminal case brought by a state against a defendant.

Type: E 14. Why should researchers not quote from a case summary or synopsis? a. The case summary or synopsis is prepared by a publisher and not a court. Thus, although this feature is helpful to researchers because it serves as a quick preview of the case, it cannot be quoted from because it was not prepared by the deciding court.

Type: E 15. Of what effect is a dissenting opinion? a. A dissentinT gE opSiT niB oA nN isKnS otEtL hL eE laR w. . ICt Oi sMa n opinion written by a member of the minority and although it may be relied upon and quoted from, it is persuasive only.

Type: F 16. An opinion written by a justice who agrees with the actual result reached in a case but who disagrees with the reasoning of the majority is called a opinion. a. concurring Type: E 17. Briefly, what is the difference between a case that is published officially and one that is published unofficially? a. A case that is published officially is one published pursuant to some statutory directive or court rule. Because cases are not copyrighted, others may also publish a court opinion. Those cases published without governmental authority or direction are called unofficial.

Type: E 18. Why might a law firm in Idaho publish the unofficial Pacific Reporter rather than the official Idaho Reports? a. A law firm that purchase the Pacific Reporter will obtain a set of books that publishes cases from the entire Pacific region of the United States (including cases from Idaho, California, Colorado, etc.). This 2

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expanded coverage might be helpful if a case of first impression arises in Idaho. A case from another state is not binding in Idaho, but it might be persuasive.

Type: F 19. Cases from our U.S. District Courts (for example, cases from the Southern District of New York) are published in the set of books titled . a. Federal Supplement (or F. Supp. 2d or 3d) Type: E 20. Why did law book publishers develop star paging, and what is star paging? a. Star paging informs a reader who is using one set of case books (typically, an unofficial set) what pages a case would be on if the reader were reading the case in an official set. Star paging was developed to help researchers comply with citation rules that might require a researcher to cite to an official set of case books when the researcher had only the unofficial set in his or her office.

Type: E 21. Of what value is a table of statutes and rules in a case book? a. The table of statutes or rules in a case book will direct a researcher .eCtOhM to the p a rti cuT l aEr S pT agBeA /cN asKeSinEaLL voEluRm at has interpreted any statutes, rules, or constitutional provisions. This helps researchers locate cases in a volume that have construed those particular rules, statutes, or provisions.

Type: E 22. Assume you have the citation 863 P.2d 119. How might you find a parallel citation for this case? a. A researcher can look at the top of the page in a set of case reports because it often gives all parallel citations. The researcher can Shepardize or KeyCite the case to obtain all parallel citations. The researcher can use a state digest for his or her state in nearly all instances to locate parallel citations.

Type: E 23. What is the function of the element “procedural history” in a case brief? a. The procedural history describes how a case arrived at a certain court and how that court handled the case. A reader will want to 3

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know what happened at the court below (and how this reviewing court handled the case).

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Chapter 5:

Locating Cases Through Digests, Annotated Law Reports, and Words and Phrases 1. Legal researchers may cite to digests. a. True *b. False 2. When using digests, researchers should always begin with the Decennial Digests. a. True *b. False 3. If a researcher has the name of a case, the researcher can use a Table of Cases in a digest to obtain parallel citations for that case. *a. True b. False 4. Once Thomson Reuters/West assigns a topic name and a Key Number to a legal issue, that topic name and Key Number are used in other Thomson Reuters/West sets. *a. True b. False 5. Researchers can use Westlaw to locate topic names and Key Numbers. *a. True b. False TESTBANKSELLER.COM 6. A researcher may cite to an annotation in A.L.R. *a. True b. False 7. A.L.R. annotations are provided for both federal and state topics. *a. True b. False 8. A researcher can locate an A.L.R. annotation on any topic of the law. a. True *b. False 9. All A.L.R. annotations are updated using pocket parts. a. True *b. False 10. Because digests summarize cases, they are a primary authority. a. True *b. False Type: E 11. Sarah is researching an issue relating to medical malpractice in her state of Kansas. She would like to find as many relevant cases as possible. In which set of digests should Sarah begin her research? Why?

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a. Sarah should begin her research in the Kansas Digest. She is interested in cases from her state. Thus, she should begin with the smallest unit of Digest that will be helpful to her. If that digest is not helpful, she can then review the regional Pacific Digest or one or more of the Decennial units.

Type: E 12. How should Sarah locate cases in her digest set? a. Sarah should use the Descriptive Word Index to the Kansas Digest to determine her topic name and Key Number and then look up that topic name and Key Number in the appropriate volume in her digest set to locate Kansas cases. She could also use the Topic approach if she is familiar with the Key Number system and the way the Kansas Digest is organized.

Type: E 13. Kurt has found a case on point for his research topic. This case, however, is a bit older than Kurt would prefer. How can Kurt use his case to locate newer cases? a. Because Kurt’s “one good case” will display applicable topic names and Key Numbers in its headnotes, he can use that headnote to locate other similar and newer cases by looking up the topic name and Key Number in one of the digest sets.

Type: E 14. Angie is conducting research in the Eleventh Decennial. She is interested only in cases from MassachusTetEtsS. T HB ow lA eM to quickly locate the cases ANwKilS EnLgLieEbRe.abClO from this state? a. The Decennial units carefully arrange the case entries, first giving the researcher federal cases and then state court cases arranged alphabetically. Thus, Angie can easily locate the Massachusetts cases by scanning the listed entries because they are arranged alphabetically.

Type: E 15. Of what value is the Table of Cases in a digest? a. If a researcher knows the name of a case, the researcher can look up the case in a digest unit and obtain parallel citations and the topic names and Key Numbers under which it has been digested, allowing the researcher to locate other, newer, similar cases on that same point of law.

Type: E 16. Lauren has been conducting research in A.L.R. Fed. 2d and has found an annotation that is helpful to her. How would Lauren update that annotation? a. Lauren would use the pocket part in the back of the volume of A.L.R. Fed. 2d to locate more current information about the topic of law her annotation discusses and to locate newer cases relating to that topic.

Type: E 2

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17. A.L.R. annotations begin with a “Scope Note.” Of what value is the Scope Note to researchers? a. The Scope section or note briefly describes the matters discussed in the annotation and then indicates those excluded from the annotation, thus allowing researchers to understand quickly if they have found the “right” annotation for their research efforts.

Type: E 18. Paul is interested in locating cases that have construed the term “conspiracy.”

What set of books might Paul use to locate cases from all over the United States that have interpreted that term? a. Paul can use Words and Phrases to direct him to cases that have interpreted the term in which he is interested. The set is as easy to use as any dictionary because it is arranged alphabetically.

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Chapter 6:

Encyclopedias, Periodicals, Treatises, and Restatements

1. Researchers should generally avoid citing to encyclopedias. *a. True b. False 2. There is a legal encyclopedia for each of our 50 states. a. True *b. False 3. Am. Jur. 2d is “better” than C.J.S. a. True *b. False 4. Nearly all researchers now use online indexes and tools to locate legal periodicals, journals, and articles. *a. True b. False 5. Encyclopedias are generally more authoritative and in-depth than treatises. a. True *b. False 6. There is a Restatement on each area or topic of law.

TESTBANKSELLER.COM a. True *b. False 7. Legal encyclopedias are updated by pocket parts. *a. True b. False 8. Courts must follow the position advanced or endorsed by a Restatement. a. True *b. False 9. Restatements are produced by courts. a. True *b. False Type: E 10. How do legal encyclopedias direct researchers to primary authorities? a. Legal encyclopedias describe a topic or legal issue on the top half of a page and then refer readers to primary authorities (such as cases) through the use of footnotes placed on the bottom half of a page.

Type: F 11. The two general or national encyclopedia sets are and .

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a. C.J.S., Am. Jur. 2d Type: E 12. Wyatt is researching the requirements for obtaining a patent. He has no familiarity with this area of law. Where might Wyatt begin his research efforts to gain some background information on patent law? Why? a. Encyclopedias are excellent places for a researcher to gain background or introductory information on an unfamiliar area of law. If Wyatt uses either C.J.S. or Am. Jur. 2d, he will get his feet wet, obtain a clear and easily understood description of patent law, and then be directed to cases and other authorities for this area of law.

Many experts recommend that when researchers do not know where to begin a task or are unfamiliar with a topic that they begin with an encyclopedia for these reasons.

Type: E 13. Why are researchers often able to bypass the general index for an encyclopedia set and proceed directly to the volume in which they are interested? a. The encyclopedias are arranged alphabetically. Thus, once a researcher knows what area of law he or she is interested in (for example, trespass), the researcher can readily locate the appropriate volume for a topic and then review the table of contents/index for that topic.

Type: E TESTBANKSELLER.COM 14. Jackie is researching 17 U.S.C. § 106. How can Jackie find information about this statute in either C.J.S. or Am. Jur. 2d? a. Jackie can use the Table of Statutes and look up her specific statute.

She will then be directed to the appropriate volume(s), topic(s), and section(s) that discuss this statute.

Type: E 15. Eva is researching the California case Shirk v. Vista Unified School District. She would like to find some basic background information about this case. Which encyclopedia set should Eva use? Why? a. Eva should use Cal. Jur. 3d. One of the advantages of a state or local encyclopedia is that most of them include tables of cases that alphabetically list the cases cited in the set. Thus, if a researcher knows the name of a case, he or she can easily locate the discussion of it by using that Table of Cases. The national or general sets C.J.S. and Am. Jur. 2d do not include a Table of Cases.

Type: E 16. Steven is researching the types of information available under Freedom of Information acts. He has read all of the information in Am. Jur. 2d about this topic and feels he knows the critical information about the topic. Is Steven’s research finished? Discuss.

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a. No. Encyclopedias such as Am. Jur. 2d are excellent starting places, but researchers must remember to read the primary sources directed to by encyclopedias because these mandatory authorities must be followed by courts, and the encyclopedias are merely persuasive authorities. Now that Steven has gotten his feet wet and gained background information about his topic, he must research primary authorities.

Type: E 17. What is the difference between a law review “Article” and a “Comment” or “Note”? a. Articles are usually very scholarly, long monographs written by professors, judges, or practicing attorneys that examine a topic in depth. Comments or Notes are generally shorter pieces authored by students.

Type: E 18. Jessica has located a law review article and a bar association article about bankruptcy. Which of these two is more credible? Why? a. The law review article is likely more credible. Law review articles are typically scholarly and in-depth examinations of a topic. Bar association articles are generally very short (usually a few pages in length) and examine a topic in a very general fashion. In fact, bar association publications tend to focus on practical matters (rather TESTBANKSELLER.COM than academic or scholarly matters). Thus, researchers use them to keep current but typically do not conduct substantive legal research using bar association publications.

Type: E 19. Marissa is conducting legal research and has found an on-point discussion relating to her topic in a treatise. How might Marissa determine whether the treatise is well respected enough to cite in her court brief? a. If the treatise is published in multiple editions, such shows widespread acceptance and use. If the treatise is cited in court decisions, such also shows endorsement. If the author has produced other writings on the topic, such shows the author’s renown. Finally, Marissa can ask a law librarian for his or her opinion.

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Chapter 7:

Miscellaneous Secondary Authorities

1. The language in form books cannot be altered or revised by researchers. a. True *b. False 2. The language in a uniform law provision will be identical from state to state. a. True *b. False 3. A well-respected treatise assumes the characteristics of primary authority. a. True *b. False 4. An opinion of the Ohio Attorney General must be followed by courts in Ohio. a. True *b. False 5. Researchers can use some online dictionaries (such as that offered by Law.com) for a quick definition of a term. *a. True b. False 6. Form books always relate strictly to litigation forms (such as forms for complaints, answers, dTeE feSnT seB s,AeN tcK .)S . ELLER.COM a. True *b. False 7. Most secondary authorities are accessed by using an index to the set. *a. True b. False Type: E 8. Why are opinions of the U.S. Attorney General so persuasive? a. Although attorneys general opinions are secondary authorities, because they are written by the chief legal advisor to the executive branch, they are highly persuasive and often followed by courts.

Type: E 9. What is the difference between looking up the term “ex parte” in Black’s Law Dictionary and looking it up in the set Words and Phrases? a. A dictionary will merely give the definition of the term. It may or may not direct a researcher to any authorities that have interpreted the term. The set Words and Phrases, however, will direct a researcher to cases that have interpreted a term or phrase (whether than phrase is a legal one or not).

Type: E

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10. Blake is drafting a lease for a client. He has found a lease that his firm drafted five years ago for a different client. What are some of the dangers if Blake uses the prior lease form verbatim? a. The lease is five years old. Thus, the law may have changed. Blake needs to conduct some research to determine if the provisions in the lease are still lawful. If Blake does not carefully review the prior lease, he may risk importing incorrect words, terms, or provisions into the new lease. Finally, Blake needs to ensure that the prior lease form has been “scrubbed” of any metadata to ensure that confidential client information cannot be mined from the lease form.

Type: E 11. Your state has adopted the text of Section 404 of the Uniform Partnership Act. Of what effect is this section in your state? a. Once a state adopts the language of a uniform law, it is a statute and is treated the same as any statute in a state. Thus, its language must be followed, there may be penalties for violating it, and court interpretations of the statutory language may be binding in a state.

Type: E 12. When might a researcher use a set of jury instructions (other than in preparing instructions to charge a jury)? a. Jury instructions might be used for research purposes. Many sets of jury instructiT onEsSnT otBoAnNlyKpSrE ovLiL deEtRh. e Ct eOx tMo f an instruction but also follow it with analytical commentary and references to other primary and secondary authorities. Moreover, because jury instructions must be an accurate statement of the law, the language of an instruction itself will accurately reflect certain legal principles (such as setting for the elements of a cause of action).

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Chapter 8:

Legal Citation Form

1. The signal id. can be used to send a reader to any preceding legal authority. *a. True b. False 2. The signal supra can be used to send a reader to any preceding legal authority. a. True *b. False 3. Making a mistake in citation form is legal malpractice. a. True *b. False 4. In a court brief, citations must always be placed in footnotes. a. True *b. False 5. Words such as “Development” and “Insurance” may always be abbreviated in a case name. a. True *b. False 6. If a plaintiff is known by a commonly known set of initials (such as “SEC” for the Securities and ExchanTg E eS CoTm eO prMesented as “SEC” (without Bm AiNssKioSnE),LitLmEaRy.bC periods) in a case citation, as in SEC v. Nelson. *a. True b. False 7. If a case has been affirmed, that fact must be included in the citation for that case. *a. True b. False 8. Although The Bluebook requires that writers include a year after a citation to a statute, most practitioners omit that year. *a. True b. False 9. If a book has four authors, a writer must list or identify all four. a. True *b. False 10. Writers must give pincite or pinpoint citations when they directly quote from an authority but not when they merely paraphrase that authority. a. True *b. False 11. If certiorari has been denied for a case, this fact must always be included in the citation.

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a. True *b. False Type: E 12. What is the biggest difference in the way that law reviews cite authorities and the way practitioners cite authorities? a. Law reviews and other academic works use LARGE AND SMALL CAPITAL letters to present many citations (such as titles of books, authors of books, statutes, etc.). Practitioners generally do not use LARGE AND SMALL CAPS (although The Bluebook says they may do so for “stylistic reasons”) and use “ordinary Roman” typeface.

Type: E 13. When must a writer give parallel citations for a case? a. Writers must give parallel citations for a case when a court rule requires such.

Type: E 14. Why must writers always indicate which particular U.S. Court of Appeal (for example, “6th Cir.”) decided a case? a. Cases from the Sixth Circuit are binding only within the Sixth Circuit. Thus, a reader within the Sixth Circuit will always want to know if a federal case from a U.S. Court of Appeal is binding because it is from that circuit or if it is persuasive only (because, for example, AoNuKrtShECLiL it was decidedTbEyStT heBF rcE uR it).. C MOoMr eo v e r, one circuit may have expertise or a reputation for handling certain types of cases, and this fact would be of interest to a reader.

Type: MT 15. Show the correct spacing for the following sets: a. North Western Reporter, Second Series = N.W.2d b. Southern Reporter, Third Series = So. 3d c. Federal Rules of Evidence = Fed. R. Evid. d. Federal Supplement, Second Series = F. Supp. 2d e. Federal Reporter, Third Series = F.3d Type: E 16. Show how to cite to pages 329 through 331 of a case. a. 329-31 Type: E 17. Show how to cite to sections 329 through 331 of a treatise or book. a. §§ 329-331 Type: E 18. You are drafting a brief to be filed in San Diego Superior Court. That court has certain rules about how cases in briefs submitted to the court should be cited. Do you follow The Bluebook rules for citing your cases or the San Diego Superior Court rules? Why? 2

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a. The Bluebook is recognized all over the nation as the standard guide to legal citation form; however, it is superseded by any local rules.

Thus, the writer should follow the San Diego Superior Court rule in this case.

Type: E 19. When would a writer follow a citation with a semicolon? a. Semicolons are used to separate citations from each other when more than one citation is given to support a proposition (namely, in “string citing”).

20. Which of the following citations is correct? a. Smith v. Jones, 640 F.3d 181, 188 (Sixth Circuit 2009). b. Smith v. Jones, 640 F. 3d 181, 188 (6th Cir. 2009). c. Smith v. Jones, 640 F.3d 181, 188 (6th Cir. 2009). *d. Smith v. Jones, 640 F.3d 181, 188 (6th Cir. 2009).

Type: F 21. The citation signal supra means

.

a. “above” Type: E 22. You have found the citation 29 U.S.C. § 2246 on the website GovInfo. Do you need to give the URL for GovInfo in your citation? Discuss. a. No. B l u eb o T o kERSuTl B eA 18NsKtaStE esLtL haEtRif.aCwOeMbsite is “authenticated,” the citation to it can be made as if to the original print source (without any URL information appended). GovInfo has been authenticated by the federal government as being complete and unaltered. Thus, the citation can be made as if to a print source, namely, 29 U.S.C. § 2246 (year).

23. Which of the following is an acceptable short form for the case United States v.

Lee, 560 U.S. 180, 190 (2012) (assuming you cannot use id.). a. United States, 560 U.S. at 195. b. United States, at 195 *c. Lee, 560 U.S. at 195. d. Lee, at 195.

Type: E 24. When is the following citation form acceptable or correct: Allen v. Baker, 687 N.W.2d 120, 124 (Mich. 2004)? a. This format is correct in any instance other than when a court requires parallel citations. If there is no court rule requiring parallel citations, a writer may cite to an unofficial set (such as the North Western Reporter) and then indicate parenthetically the state/court/date.

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Chapter 9:

Updating and Validating Your Research

1. For the most thorough and complete results, researchers should both Shepardize and KeyCite. *a. True b. False 2. Researchers can Shepardize or KeyCite not only cases but other authorities such as statutes and law review articles. *a. True b. False 3. To Shepardize or KeyCite a case, one must be viewing that case on one’s screen. a. True *b. False 4. Other legal research platforms, such as Fastcase and Bloomberg Law also provide citator services to update and validate authorities that one locates on Fastcase or Bloomberg Law. *a. True b. False 5. Researchers must Shepardize or KeyCite a case as soon as that case is displayed on their computer screen.

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a. True *b. False Type: E 6. What is one advantage of Shepardizing on Lexis Advance or KeyCiting rather than using print volumes of Shepard’s Citations? a. Electronic updating provides more up-to-date validation of legal authorities, it is easily accomplished, researchers don’t need to be concerned that they might not have all of the print volumes of Shepard’s Citations that they need, and it can be done more quickly (than using print volumes).

Type: E 7. One of the cases you are updating has been assigned a yellow flag or icon and the other case has been assigned a red flag or icon. What do these mean? a. A yellow signal indicates that your case may have some negative history or treatment (such as being criticized). A red signal is more serious and indicates that your case has strong negative treatment or history (such as being reversed).

Type: E 8. You have Shepardized or KeyCited a case and have been given a list of more than 100 cases that have cited your case. What is the advantage to you of applying filters to the results you received?

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a. Filters allow researchers to narrow results. Thus, a researcher could elect to view only cases from a specific court or circuit, only cases that discuss a certain headnote, or only cases before or after a specific date. This will help the researcher narrow results and obtain the most relevant cases that cite his or her case.

Type: E 9. Lisa is preparing for an important court hearing next month. Her brief relies on a critical case, Miller v. Brown. What should Lisa do to ensure that Miller v. Brown is not overruled or subject to some negative treatment between now and her court hearing next month? a. Lisa should set up an Alert on either Lexis Advance or Westlaw so that the systems will run regularly scheduled updates on her case and automatically notify her by email on a routine basis if there have been any further changes to or mentions of Miller. This ensures Lisa will receive the most up-to-date information about the authorities Lisa is relying on.

Type: E 10. Both Lexis Advance and Westlaw offer a feature called “Table of Authorities.”

This feature informs a researcher who, for example, is relying on Smith v. Jones that Smith v. Jones itself cited 20 cases. Of what value is this feature to researchers? a. A researcheTrEmSaTyBwAaNnK t tSoEkL nL ow ERif.thCeOcMases that Smith v. Jones relied on are being weakened or subject to negative treatment because if those cases are suspect, then so might Smith v. Jones be suspect or weakened.

Type: E 11. Jake is KeyCiting the case Peterson v. Ruiz. KeyCite lists 15 cases that cite Peterson. Next to each of those 15 cases is a “Depth of Treatment” bar. Of what value is this feature to Jake? a. Depth of Treatment bars (called Depth of Discussion bars by Lexis Advance) indicate how in-depth a later authority discusses Peterson (for example, whether there is an extended discussion of Peterson or a brief mention of Peterson).

Type: E 12. Kelly is relying on the principle of law discussed in headnote 4 of United States v.

Taylor. When Kelly Shepardizes or KeyCites her case, can she determine if later cases discuss United States v. Taylor with regard to headnote 4? Discuss. a. Yes. When researchers Shepardize or KeyCite, they are informed that later cases discuss a specific point of law mentioned in any headnote of their case. Thus, Kelly can uncover the specific treatment by later cases of each headnote in United States v. Taylor.

Type: E

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13. Describe the two reasons that researchers update or validate the primary authorities on which they rely. a. Researchers have an ethical duty to ensure that any primary authority they cite or rely on is still “good law.” A second reason to update or validate authorities is to uncover leads to other authorities that will help expand their research.

Type: E 14. What is the advantage of Shepardizing or KeyCiting early when you are performing legal research (rather than waiting until after you draft a document that cites your authorities)? a. Updating early in the research process will not only alert you to an invalid or weakened authority but will also enhance your efforts by directing you to additional research sources.

Type: E 15. Matt’s brief cites twenty cases and five statutes. Matt needs to update or validate these authorities. Must Matt “key in” or type each of these authorities to ensure they are still good or is there a more efficient way for Matt to check these authorities? Discuss. a. No. Both Lexis and Westlaw offer a number of productivity tools that automatically extract citations from a document, check their validity, and then produce a written report with the results of the TESTBANKSELLER.COM check.

Type: E 16. What is the advantage of Shepardizing or KeyCiting the authorities in your adversary’s document? a. Shepardizing or KeyCiting the authorities an adversary relies on will disclose whether those authorities are still good law and will also disclose if those authorities are being weakened, criticized, or questioned. If so, it may be helpful to bring that fact to a court’s attention.

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Chapter 10: Special Research Issues 1. Judges must adopt or follow the position announced by a congressional committee when interpreting or construing a statute. a. True *b. False 2. Compiling a legislative history for a state statute is typically more difficult than compiling a legislative history for a federal statute. *a. True b. False 3. The executive branch of the federal government has no authority to issue any statements or declarations that are binding. a. True *b. False 4. Some federal agencies issue advisory opinions. *a. True b. False 5. To update a federal regulation located in C.F.R., researchers use the pocket part to that set. a. True TESTBANKSELLER.COM *b. False 6. All agencies are required by law to publish their decisions and adjudications. a. True *b. False 7. Proposed federal regulations can be found on free Internet websites such as GovInfo. *a. True b. False 8. When a municipal body such as a city council issues its local laws, those local laws are called statutes. a. True *b. False 9. Pending legislation can be tracked or monitored. *a. True b. False 10. Municipal codes are typically annotated, much the way state or federal codes are. a. True *b. False Type: E

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11. When would a researcher compile a legislative history? a. A researcher might compile a legislative history if a statute is unclear, adverse to the position the researcher wishes to advocate, or lacks cases interpreting it.

Type: E 12. What is the advantage to a researcher of locating or using a compiled legislative history? a. A compiled legislative history is a “prepackaged” legislative history, namely, one that has already been compiled for a specific statute.

Locating a compiled legislative history is far easier than running around a law library attempting to gather the resources that make up a legislative history and helps assure a researcher that he or she has all the critical resources necessary. If a researcher locates a compiled legislative history, all of his or her research work is done for him or her.

Type: E 13. You have been asked to compile a legislative history for a specific statute using free Internet resources. Which websites would you consult and why? a. A researcher should consult Congress.gov to locate the versions of the bills and to be able to link to committee reports, the Congressional Record, and other documents. GovInfo will also offer transcripts of Lm LiEttRee.rCeOpoMrts, and other documents. select c o m m i tTt eEe Sh T e aBr A i nNg sK, S coEm Type: F 14. When debates occur in Congress, the text of those debates will be published in . a. Congressional Record Type: E 15. What is the difference between a presidential proclamation and an executive order? a. Proclamations are typically used for ceremonial purposes and often have no legal effect. Executive orders have the force of law (unless a court rules otherwise).

Type: F 16. The product of an agency such as the Federal Communications Commission is called a . a. rule or regulation Type: E 17. What is the difference between the Federal Register and the Code of Federal Regulations?

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a. The Federal Register publishes proposed, interim, and final rules and regulations. The Code of Federal Regulations publishes only final rules and regulations.

Type: E 18. Describe the process of updating 29 C.F.R. § 321.01. a. To update any federal regulation, a researcher must review the List of Sections Affected (“LSA”), which is a monthly softcover publication. Because LSA is published only monthly, researchers then need to locate the most current issue of the Federal Register and review “C.F.R. Parts Affected,” which will indicate any changes to C.F.R. regulations for the period after the most recent issue of LSA. Type: E 19. Generally, describe the steps you should take if you have an international law research task. a. Unless a researcher knows the specific source for the answer to a problem, the researcher should get his or her feet wet by reading some background information relating to the issue and becoming familiar with the area of law. The researcher should then determine whether a treaty covers the issue (and read the treaty if this is the case and determine if it is still in force). The researcher should read any analytical commentary and cases interpreting the treaty.

Type: F TESTBANKSELLER.COM 20. If a treaty is between two countries, it is referred to as a agreement; if a treaty is among more than two countries, it is referred to as a agreement. a. bilateral, multilateral Type: E 21. What is the function of Treaties in Force? a. Treaties in Force is an annual publication that identifies all treaties and executive agreements still in force. Thus, it is used to determine if a treaty is still in force or effective.

Type: E 22. If you locate a provision in C.F.R. on GovInfo, do you need to indicate the URL of GovInfo when you cite the C.F.R. provision? Discuss. a. No. Documents located through GovInfo are verified as authentic by the federal government. According to Rule 18 of The Bluebook, if a researcher is relying on an authenticated document, the researcher may cite the document as if to the original source without any URL information.

Type: MT 23. Identify the following as primary or secondary authority: a. Initial version of H.R. 116-1839 = Secondary 3

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b. Statement by Representative Ruiz introducing H.R. 116-1839 = Secondary c. Final version of H.R. 116-1839 = Primary d. Committee report approving H.R. 116-1839 = Secondary e. Remarks in Congressional Record about H.R. 116-1839 = Secondary f. A treaty between the United States and Germany = Primary g. A treaty between France and Germany = Not authority h. A Minneapolis city ordinance = Primary i. A provision in C.F.R. = Primary j. A proposed rule published in the Federal Register = Secondary k. An Executive Order = Primary

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Chapter 11: The Digital Library: Lexis Advance, Westlaw, and Other Nonprint Research Sources 1. In most respects, Lexis Advance and Westlaw are equivalent. *a. True b. False 2. Generally, researchers tend to develop a preference for Lexis Advance or Westlaw and then “stick” with that system. *a. True b. False 3. Searching using plain English or natural language produces more targeted and precise results than using Boolean terms and connectors. a. True *b. False 4. Both Lexis Advance and Westlaw can locate terms that exist in a document within a certain number of words of each other. For example, both systems can locate documents in which “medical” and “malpractice” occur within 10 words of each other. *a. True b. False 5. If a researcher routineT lyEuSseTsBaAs N e t KoS f bEoLoL ksE, R fo. rC exOaM mple, Collier on Bankruptcy, the researcher can make this a “Favorite” on his or her Lexis Advance or Westlaw home page for easy access to this source. *a. True b. False 6. Both Lexis Advance and Westlaw allow Key Number searching. a. True *b. False 7. Both Lexis Advance and Westlaw provide citation assistance in formatting and presenting citations. *a. True b. False 8. Both Lexis Advance and Westlaw offer “live” research assistance. *a. True b. False 9. Researchers who locate a law review article on Lexis Advance or Westlaw can then easily locate cases that have interpreted or mentioned that law review article. *a. True b. False

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10. In most respects, the terms and connectors used by Lexis Advance and Westlaw are identical. *a. True b. False 11. If a researcher searches for the term “teacher” on Lexis Advance or Westlaw, both systems will also return results for “instructor.” a. True *b. False 12. Microforms are widely used by legal researchers. *a. True b. False Type: E 13. Of what benefit is the global or universal search box that is presented on the first screen of Lexis Advance, Westlaw, and Bloomberg Law? a. The global or universal search box allows researchers to search similarly to the way they use a general search engine such as Google.

Researchers do not have to select a database (such as federal cases or Texas cases) before starting their searches.

Type: E 14. Assume you have the T ciE taStiT onBtA oNthKeSfeEdL erLalEsRta.tuCteO1M5 U.S.C. § 1125. That statute has been interpreted by hundreds of cases. What is the advantage of using Lexis Advance or Westlaw to locate and view those cases rather than using the print version of U.S.C.A. or U.S.C.S. to locate citations to those cases? a. When a researcher uses Lexis Advance or Westlaw, the researcher can easily link to cases interpreting statutes. The researcher simply clicks a hyperlink and is immediately “transported” to a case. If one uses the print sets U.S.C.A. or U.S.C.S., one has to physically run around the law library to locate the cases interpreting a statute.

Type: E 15. Stephanie needs to determine whether directors of a corporation have an unqualified and unrestricted right to review all corporate records. She needs to determine the answer to this question for all states. Which feature of Lexis Advance and Westlaw would be of most assistance to her? a. Stephanie should use the “50 State Survey” feature offered by both Lexis Advance and Westlaw. It will review, compare, and contrast statutes with regard to her issue from all 50 states.

Type: E 16. You need to search for cases only from the Second Circuit relating to a specific issue. Should you use Lexis Advance’s or Westlaw’s global search box or is there a better way to locate the cases you need?

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a. Researchers should apply filters both before and after conducting searches. In this case, the researcher should select to review cases only from the Second Circuit before running the search. Otherwise, if the researcher uses the global search box, hundreds (perhaps thousands) of cases from other circuits will be produced as well as numerous secondary authorities.

Type: E 17. Of what benefit is Westlaw’s graphical display of direct history for cases? a. Sometimes a case’s history as it progresses through the courts is difficult to understand. Thus, this Westlaw feature shows researchers the history of their case in an easy-to-understand flowchart format.

The researcher is shown in graphical format, using arrows, how a case progressed from trial, through its initial appeal, when certiorari was granted, and then what the U.S. Supreme Court held. The researcher may link to the court briefs and opinions for each level of the case’s history.

Type: E 18. Theo wishes to find cases that include the term “estoppel,” estopped,” “estopping,” and “estop.” Which term and connector would Theo use to ensure he can locate any of these terms? a. Theo should use an exclamation point, which replaces any ending to a word. Thus,T“EeS stT opB!A ”N wK illSfE inLdL“E esRto.pCpO elM ,” “estopping,” and so forth.

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Chapter 12: E-Research: Legal Research Using the Internet 1. Researchers should select one method of conducting research (namely, using print, Lexis Advance/Westlaw, or the Internet) and stick with it. a. True *b. False 2. Any website URL that ends with “gov” is secure and cannot be hacker. a. True *b. False 3. A United States Supreme Court opinion located on www.supremecourt.gov will be identical to the version posted on Lexis Advance or Westlaw. *a. True b. False 4. Both primary and secondary legal research materials are available on the Internet. *a. True b. False 5. A researcher who locates an answer to a legal research question on the Internet must verify or back up that answer by using a print source, Lexis Advance, or Westlaw. a. True TESTBANKSELLER.COM *b. False 6. Generally, The Bluebook prefers legal professionals to cite to print sources rather than to the Internet. *a. True b. False 7. Law firms must encrypt all communications sent to clients using the Internet. a. True *b. False 8. It is a good idea for legal professionals to be adept at using the Internet to conduct legal research, but there are no ethical codes or duties imposed on those professionals to understand technology. a. True *b. False 9. Any time a legal professional conducts a search on the Internet, the site that is listed first in the rankings will be the best site to start with. a. True *b. False Type: E 10. Why is it helpful to begin legal research using the Internet with one good starting site or jumping off site?

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a. Researchers will become familiar with a site and its layout, formatting, and features, making future visits to the site easy and efficient.

Type: E 11. David has located an unauthored form for an employment agreement on the Internet at the site www.employmentlaw.com. What risks does David face if he uses the form “as is” without conducting additional research? a. Typically, a researcher such as David won’t know who prepared the form and thus won’t know if the form was prepared by an expert on employment law or a “civilian” with no legal background or experience. Thus, the form could include unlawful provisions, it could be outdated and stale, and so forth. Thus, it may serve as a good starting point for David, but David will need to conduct additional research before he may use the form.

Type: MT 12. Rank the following websites (from 1 to 4) from most credible and reliable to least credible and reliable: a. www.lawbusters.com = 4 b. www.joneslawfirm.com = 3 c. www.govinfo.gov = 1 d. www.law.cornell.edu = 2 Type: E TESTBANKSELLER.COM 13. Why does The Bluebook allow legal writers to cite to 11 U.S.C. § 301 located on GovInfo without providing a URL? a. The website GovInfo has been “authenticated” by the U.S. government, meaning that the site is complete and unaltered. Thus, using GovInfo to find a federal statute is the same as using the official set of the United States Code in print.

Type: E 14. How would you use the Internet to keep current in your practice area of antitrust law (because you want access to the latest cases and developments in this field)? a. Practitioners can subscribe to blogs and newsletters tailored to their areas of practice. They will then receive routine communications about newly decided cases and recent developments.

Type: E 15. You need to check the filing fee for filing a copyright application for a song authored by a client. Which of the following sites (and why) is likely to have the most reliable information for you: the website of the U.S. Copyright Office or the website of a trade association of musicians? a. The Copyright Office’s website is likely to be the most current site and will have accurate fee schedules. The site is a government site, and those are usually highly accurate. The trade association’s website may be reliable as well, but there is often no definitive way to 2

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determine who prepared the material posted on the site and when those materials were prepared.

Type: E 16. A website you have often visited for information about the Americans with Disabilities Act has begun displaying advertisements for lawyers who specialize in lawsuits alleging violations of the Act as well as advertisements for medical equipment such as wheelchairs. What might these advertisements indicate about the site and its content? a. The site is becoming increasingly commercial with less effort and space devoted to legal issues and more devoted to commercial advertisements. Thus, its content may becoming less serious with more emphasis now placed on selling goods and services and less emphasis on informative content.

Type: E 17. Why is it a good idea to visit a client’s website periodically and view the content and the client’s press releases? a. Visiting a client’s website is an easy way to keep current with the client’s business, growth, and development. Its shows interest in the client and its business and plans. Moreover, it would be highly embarrassing if you do not know that the client opened a new office, sold a division, developed a new product, etc. (and could cause the client to selectTaEnSeTwBlA aw rm di. spClO ayMs more interest in its NKfiS ELthLaEt R business).

Type: E 18. A colleague referred you to a website about corporate law. When you visited the site, you noticed it had some typos and a few “dead” links to other websites. What might your concerns be or what conclusions might you draw? a. Dead links show that no one is maintaining the site. If those links are stale, the content on the site might similarly be stale. The typos show lack of professionalism and lack of care, which might indicate that the content on the site is similarly unprofessional and might contain mistakes.

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Chapter 13: Overview of the Research Process 1. As soon as a researcher receives a project, he or she should begin pulling books from the shelves or logging on to Lexis Advance or Westlaw. a. True *b. False 2. Using an outline can help a writer ensure that all topics that should be addressed in a writing are, in fact, addressed. *a. True b. False 3. Writers should always begin writing at the beginning of a project and should never write sections out of order. a. True *b. False 4. If a researcher does not know where to begin a project, the researcher should begin by using a secondary source. *a. True b. False 5. Almost all legal authorities are accessed by alphabetically arranged indexes. *a. True TESTBANKSELLER.COM b. False 6. Generally, there is no need to consider the defenses a party might assert to an action. a. True *b. False 7. To conduct thorough research, a researcher must consult or review all secondary authorities. a. True *b. False 8. In some instances, how thorough research efforts should be will be dictated by economics. *a. True b. False 9. In some instances, finding one authority might be sufficient for a research project. *a. True b. False 10. In all research projects, a researcher should be able to find one perfect case or authority. a. True

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*b. False Type: E 11. Jodie has been conducting legal research for several hours. How will Jodie know it might be time to stop researching? a. If Jodie keeps bumping into the same authorities and their commentary is much the same, she has read the same point in a number of different sources, with nothing new added, and her Shepardizing or KeyCiting reveals no changes in the law, her research is likely complete.

Type: E 12. What are the two inflexible rules of legal research? a. If a source one is reviewing has a supplement or pocket part, a researcher must check it; and a researcher must Shepardize or KeyCite all primary authorities.

Type: E 13. Jack is conducting legal research and has found numerous cases that might be relevant to his topic. What are the three strategies Jack can follow to sort out these many cases when he knows he does not have sufficient time to read all of them? a. Jack should read newer cases before older ones. He should read cases from higher courts before reading cases from lower courts. Jack should read cases from his own or forum jurisdiction before expanding hisTsEeaSrTchBA efN foKrtSs EtoLfLoE reRig.nCjO urMisdictions.

Type: F 14. A research question is called one of if it has not previously been considered in your jurisdiction. a. first impression Type: E 15. Kyle knows that his research question is one of federal statutory law. Where should be begin his research efforts? a. Kyle should begin with U.S.C.A. or U.S.C.S. If a researcher knows that the issue is covered by a statute and knows that it is a federal issue, it only makes sense to review the annotated federal sets of statutes. These will give the researcher the law and then direct the researcher to cases interpreting the law as well as directing the researcher to other helpful sources, such as law review articles and treatises.

Type: E 16. Caroline has finished her legal research and is ready to begin writing an office memorandum. As she is reviewing her notes, she realizes she cannot tell if a statement in her notes is a quotation or merely a paraphrase from a case. What might Caroline have done to ensure that she can easily determine that material is either a quotation or a paraphrase?

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a. Caroline’s notes should have clearly indicated whether the statement in her notes reflected a direct quotation or here merely paraphrasing the authority’s statements. She could have used quotation marks or marked the passage with a “q” or “p” or some other identifying label.

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Chapters 14-19:

Legal Writing

1. Because incomplete sentences or sentence fragments are commonly seen in popular writing, they are acceptable in legal writing. a. True *b. False 2. There is no grammatical rule that prohibits splitting an infinitive. *a. True b. False 3. The following sentence is acceptable: A scientist is a good expert witness because he is educated and objective. a. True *b. False 4. Legal writers should use a serial comma because it improves clarity. *a. True b. False 5. Contractions such as don’t and can’t are not commonly seen in legal writing. *a. True b. False 6. Periods and commas should always be placed inside of closing quotation marks. *a. True TESTBANKSELLER.COM b. False 7. Using the technique of elegant variation will give your legal writing sophistication and show your extensive vocabulary. a. True *b. False 8. It is more difficult for readers to understand sentences written in a negative form than a positive form. *a. True b. False 9. Sentences written in the active form are often shorter than those written in the passive form. *a. True b. False 10. Legal writers should strive to use Latin words and phrases to show their understanding of and expertise in the law. a. True *b. False 11. Because email is so commonly used and is so informal, a typo or spelling error in an office email is acceptable. a. True *b. False 12. A demand letter sent to another may threaten criminal prosecution if the demand is not met.

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a. True *b. False 13. Unless a client has informed you otherwise, letters to the client should Be addressed to “Dear Mr.” or “Dear Ms.” Rather than, for example, “Dear Mike” or “Dear Beth.” *a. True b. False 14. Opinion letters typically cite numerous cases and other legal authorities. a. True *b. False 15. Legal memoranda prepared by law firms are discoverable by the adverse party. a. True *b. False 16. If a legal memorandum addresses a single issue, that issue should be numbered “1.” a. True *b. False 17. The terms “thesis statement” and “topic sentence” are synonymous. a. True *b. False TESTBANKSELLER.COM 18. Legal writers are required to use a structure such as IRAC when analyzing authorities in a legal memorandum. a. True *b. False 19. Writers should use quotations sparingly because some readers will skip over them. *a. True b. False 20. The rules for appellate briefs are usually more formal and rigid than the rules for trial court briefs. *a. True b. False 21. The style of writing for a legal memorandum and for a trial brief is identical. a. True *b. False 22. When preparing a trial court brief, it is acceptable to summarize the cases one relies on and then allow the reader to draw a conclusion as to how these cases apply to the client’s situation. a. True 2

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*b. False 23. Ideally, a writer should proofread a document immediately after it is prepared, so the writer will be familiar with its content. a. True *b. False 24. Most legal professionals use the same, standard proofreaders’ marks. *a. True b. False 25. The uses of that and which are identical; writers may select whichever pronoun they prefer. a. True *b. False 26. The standard sentence structure in English is to place the subject first, the verb second, and the object third. *a. True b. False 27. Letters providing legal advice can be signed only by properly licensed attorneys. *a. True b. False 28. Spell checking prograT mEs S caTnBloAcN atK eS alE lL spLelEliR ng.eCrO roM rs. a. True *b. False 29. Letters sent by email to clients should claim privilege and Confidentiality or attorney-client privilege may be lost. *a. True b. False 30. Legal memoranda frequently use the first person pronoun I, as in The next issue I will address is fraud. a. True *b. False 31. It is a good idea to include a “long” shot argument in a brief, just in case that argument is successful. a. True *b. False 32. A party is entitled to a reversal of a trial court determination if any error occurred at the trial below. a. True *b. False Type: E 3

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33. Why do spelling and punctuation errors matter in legal writing? a. Legal writers must ensure that their projects are professional in all respects. If there are flaws in the writing due to spelling, grammar, or punctuation errors they will distract from the message and make the reader doubt the writer’s abilities and intelligence.

Type: E 34. Why do most experts prefer that writers use the word must rather than shall to express an obligation? a. Most experts believe that shall is an archaic word seldom seen in other writings and that must is a simpler, more common word that clearly expresses obligatory action.

Type: E 35. Why do readers have difficulty with expressions such as not uncommon? a. When readers encounter an expression such as not uncommon, they typically must stop their reading and convert the negative expression into a positive one (in this case, changing not uncommon to frequent or something similar). Writers should aim to ensure that a reader proceeds smoothly through a document without needing to stop and puzzle over and then interpret phrases.

Type: E 36. When might a writer wish to use the passive voice?

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a. Although the active voice is stronger and usually produces shorter sentences, there are instances in which using the passive voice is helpful, namely, when one wishes to deflect attention away from the actor in a sentence (in which case the reader is informed of what occurred but not who did it, which is helpful when the writer wishes to avoid linking the actor with something unlawful or unsavory).

Passive voice is also used when identifying the actor is not necessary to the meaning of a sentence.

Type: F 37. When the grammatical structure of the items in a list is identical (for example, all of the first words in a list are verbs), the list is said to have structure. a. parallel Type: F 38. Writers should try to avoid , which occurs when a writer takes an adjective, verb, or adverb and turns it into a noun (such as changing enforce to enforcement). a. nominalizations Type: E 39. Why should writers strive to keep subjects and verbs in proximity?

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a. To make sentence of a sentence, a reader must know the subject of the sentence and the verb. If these two items have large gaps between them, readers no longer remember what the sentence is about by the time they locate the verb and they then have to reread the sentence to figure out what is being said.

Type: E 40. Janelle is having difficulty meeting a deadline for providing her supervising attorney with a memorandum. Why might it be helpful for Janelle to “go public”? a. If Janelle goes public and tells her supervisor, “You will have the memo by Monday,” it will commit her to meet this deadline.

Otherwise, the project may languish on her desk while she works on other projects.

Type: E 41. Why is it a good idea to inform Laurel, a listener on a conference call, that another person is with you, listening in on the call? a. If Laurel is not aware that another person is listening in on the call, she may unwittingly say something offensive or embarrassing about the other person, causing awkwardness and conflict. Alternatively, Laurel might use more informal language than she would if she knew, for example, that a senior attorney or client was on the phone call as well.

Type: E TESTBANKSELLER.COM 42. What are the three most common forms of legal correspondence or letters? a. The most common types of legal correspondence are general correspondence letters (which might simply enclose a document or provide a brief status report), demand letters (which set forth a client’s demands), and opinion letters (which provide a legal opinion to the reader).

Type: E 43. Tyler’s letter to an adverse party states the following: Payment must be made immediately. What is the problem with this demand? a. There is no way for the reader to determine when payment must be made. The word immediately is vague and will mean different things to different people. Tyler should give an actual date, such as May 5, 20xx, so there is no confusion as to when compliance with the demand is expected.

Type: E 44. Eva is writing an opinion letter to a client. She has most of the documents she needs to provide the opinion, but she is awaiting one amendment to a merger agreement. What should Eva do? a. Eva should use a “protection clause” in her letter, explaining that she lacks certain information and that her opinion might change depending on what the amendment might provide.

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Type: E 45. What are the possible consequences of writing an overly aggressive letter to adverse counsel? a. The overly aggressive letter will likely be responded to in kind, setting the stage for difficult communications throughout the course of a case. In some instances, a letter might become part of a court’s record, and the letter is then available for the judge to view, embarrassing its writer. Additionally, the recipient of an overly hostile letter (often, demand letters) might post the letter on the Internet, subjecting the writer to scathing, public criticism.

Type: E 46. What is the most important characteristic of a legal memorandum? Why? a. The most important characteristic of a legal memorandum is its objectivity. Only by being objective about a case can the firm (and client) be fully informed as to the strengths and the weaknesses of a case. It is important for everyone involved to have a clear idea of the flaws in a case, so they may attempt to overcome those flaws or possibly settle the case, knowing that success is highly unlikely.

Type: E 47. What is the difference between a traditional legal memorandum and an informal or email memorandum (other than the obvious fact that the email memo is sent to the reader by email)? TESTBANKSELLER.COM a. A traditional memorandum has several elements or components (often redundant elements) and is typically sent in hard-copy paper form. An informal or email memorandum has far fewer elements and is short enough that it can be sent by email and can be easily read by the recipient without endlessly scrolling down from one screen to the next. Its key characteristics are simplicity and conciseness. Cases are cited but the discussion of those cases is more concise with emphasis on the rules announced by cases rather than in-depth discussions of their rationales.

Type: E 48. What is a thesis statement? a. A thesis statement is a strong, assertive statement placed at the beginning of a project or issue to give focus and direction to the analysis to follow. It distills the central ideas and arguments in a project into one or two assertive sentences that frame and set up the discussion to follow.

Type: E 49. Why is a thesis statement sometimes called an umbrella statement? a. A thesis statement is sometimes called an umbrella statement because every part of the discussion to follow must fit beneath it and be covered by it.

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Type: E 50. What does the acronym IRAC stand for and why do writers sometimes use constructs such as IRAC? a. The acronym stands for Issue, Rule, Analysis/Application, and Conclusion. Constructs such as IRAC help writers remember to conduct a thorough analysis of an issue and remember to include critical elements when they analyze a legal problem.

Type: E 51. What is the difference between IRAC and CRAC and which documents lend themselves to one construct rather than the other? a. Writers who use IRAC place a neutral issue statement first. Placing a neutral and objective issue first is helpful when writing objective projects such as legal memoranda. Writers who use CRAC give a conclusion first (similar in approach to a thesis statement). Placing the assertive conclusion first is often helpful in persuasive documents such as court briefs because each issue begins with a strong and persuasive conclusory statement.

Type: E 52. Why do some writers dislike IRAC and similar constructs? a. Some writers dislike IRAC and its variations because they believe these methods encourage a rigid and formulaic approach to writing and that w r i t iTn Eg S aT leB gA alNdK ocSuEmLeL nE t iR s. noCtOliMke following a recipe approach. Rather, writers must skillfully discuss and analyze legal authorities instead of believing that if they follow a formula, they will have a winning argument or professional project.

Type: E 53. In what way might you use a legal memorandum as a starting point for a trial court brief? In what ways will the two projects differ from each other? a. The earlier prepared memo will be a good starting point for a brief because it will contain an analysis and discussion of the authorities pertinent to the case. Although the memo will thus serve as a source of cases and other authorities, the manner in which these were discussed in the memo and the manner in which these will be discussed in the brief will vary because the memo is an objective document and the brief is a persuasive document.

Type: E 54. Review the following two headings and discuss which would be a better heading for a court brief. a. Damages in Copyright Actions Defendant’s Willful Copyright Infringement Entitles Plaintiff to Punitive Damages

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The second heading is far more persuasive and is thus better for a court brief, which is a persuasive document. The first heading is completely neutral and simply indicates the topic that will be discussed next. The second heading, however, takes a persuasive stand and states that the defendant willfully infringed a copyright and this act entitles the plaintiff to punitive damages.

Type: E 55. Nathan has been conducting research so he can draft a trial court brief. He knows that one of the cases he has found is not particularly helpful to his client. Should he ignore this case? How should Nathan handle this matter? a. If Nathan ignores the case, he runs the risk that the adverse party will point it out (or the court will find it on its own), and Nathan’s credibility will be impaired. If Nathan has information he’d prefer not to highlight, he can use placement in the brief to diminish its effect.

He can place the information more than half-way through the brief, in the middle of a paragraph, and he can use passive voice to discuss it.

He can also attempt to distinguish the case from his client’s situation by pointing out differences between the case and his client’s situation and showing why that case should not apply. If Nathan introduces his problem areas himself, he will decrease the effect of the adversary’s smoking gun.

Type: E 56. What is the function oTf E aS ceTrtB ifA icN atK eS ofEcLoL mE plRia.nC ceOaMttached to a court brief? a. A certificate of compliance verifies to the court that its rules relating to submissions to the court have been complied with and followed.

Type: E 57. What do court briefs often identify all parties to the action? a. Parties are identified so reviewing judges can determine if they have a disqualifying conflict of interest.

Type: E 58. Of what function is a jurisdictional statement in a brief? a. A jurisdictional statement informs the court of the statute or other legal authority that allows the filing of the brief.

Type: F 59. An appellate brief filed with a court by an entity that is not a party to the proceeding but might have a compelling point of view that might aid the court in its determination is called a[n] brief/ a. amicus curiae Type: F 60. The party who initiates an appeal is called the

.

a. appellant 8

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Type: E 61. Why should a writer try to allow some time to pass between finishing writing a project and proofreading it? a. Writers can more effectively proofread if they come to the project “cold.” They will then be better able to detect flaws. If they attempt to proofread a project with which they are too familiar, they will not be able to see their own errors. Their minds will automatically supply the word they intended, and they will not be able to see their own errors.

Type: E 62. Why should a writer use a style sheet? a. A style sheet is the blueprint for the correct spelling of names, how headings will be presented, how issues will be numbered, etc. During the preview process, writers then have a quick guide they can consult to ensure accuracy and consistency.

Type: E 63. Why is it better to proofread a hard copy or paper copy of a document than to proofread on a computer screen? a. Reading a hard copy is easier on the eyes and causes less eye strain.

Moreover, the hard copy will be presented in the way it will be to the ultimate reader, allowing the writer to see the document as it will be seen by its ultimate audience.

TESTBANKSELLER.COM Type: F 64. The type of font that has decorative strokes or “wings” added to the edges of letters is called a style. The type of fond that does not have the decorative strokes or wings added to the edges of letters is called a style. a. serif, sans serif Type: E 65. Why should clients be cautioned about forwarding or disseminating email memos provided to them by their legal team? a. Clients should be cautioned that further dissemination of the memo may destroy its status as protected work-product and privileged document.

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Instructor’s Manual and Test Bank

Legal Research and Writing for Paralegals Ninth Edition

by

Deborah E. Bouchoux TESTBANKSELLER.COM

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Wolters Kluwer services its customers worldwide with CCH, Aspen Publishers, and Kluwer Law International products. See www.wolterskluerlb.com.

This Instructor’s Manual (the “Manual”) constitutes copyrighted material and is subject to United States Copyright laws. This Manual is being made available as a courtesy to those teachers who have adopted the underlying textbook that accompanies the Manual, as well as those teachers who have shown a genuine interest in adopting the underlying textbook.

This Manual may not be modified, reproduced, displayed, distributed, or transmitted in any form or by any means, without the express, prior, written permission of Wolters Kluwer. Those teachers who have adopted the underlying textbook may incorporate portions of this Manual into their class notes or presentation slides, or make certain other noncommercial uses of the Manual as permitted by copyright law, but those teachers may not otherwise modify, reproduce, display, distribute, or transmit the manual in any form or by any means without the express prior written permission of Wolters Kluwer.

For permission requests, visit us at www.wolterskluwerlb.com, or fax a written request to our permissions department at 212-771-0803.

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PREFACE This Instructor’s Manual is designed to accompany the text Legal Research and Writing for Paralegals (9th ed. 2019). Although the text provides valuable information and background material, the heart of any legal research and writing course is the written assignments and projects.

The text and assignments are arranged sequentially so students are able to recognize progress. The text is organized so confidence is gained through a step-by-step approach to mastering the tasks of legal research and writing. The suggestions given in this Manual are just that – suggestions. You may find that other techniques and strategies work better for you and your students than those provided here. You should feel free to modify assignments and other materials to suit your needs.

This Manual will provide a general review of the text, sample syllabi and overview of individual class sessions, a brief discussion of the students in paralegal programs, teaching strategies, suggestions regarding using the law library, detailed discussions of each chapter in the text, assignments and answer keys (for the end-ofchapter Research Assignments and Internet Assignment exercises), and a Test Bank for all chapters (although the Test Bank for the writing chapters – Chapters 14 through 19 – is combined).

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There have been continuing changes in access to legal sources since the publication of the eighth edition of the text. Obtaining statutes, cases, articles on legal topics, and other law-related materials continues to be expanded through use of the Internet. Therefore, the “Internet Assignment” at the end of each chapter offers additional questions relating to the materials discussed in each chapter. These questions require students to access relevant Internet sites and locate the type of information an employer will require them to retrieve, such as pending legislation, local court rules, and so forth. These Internet questions are not state-specific; however, instructors should be able to easily modify these Internet questions to make them state-specific, if desired, by accessing the Internet sites as directed. Please note that it is possible that Internet sites may have changed since the date the assignments and answer keys were prepared.

I welcome your comments and input. Please feel free to contact me at the following address: Deborah E. Bouchoux, Esq. Georgetown University School of Continuing Studies 640 Massachusetts Ave. NW Washington, D.C. 20001 bouchoud@georgetown.edu

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NOTES ON ASSIGNMENTS The Assignments in this Instructor's Manual (both the end-of-chapter Assignments and the Internet Assignments) are duplicates of those in the textbook itself; however, they have been formatted so that instructors can photocopy them directly from this Manual (or perhaps post them on Blackboard or a similar site) and give them to students who will then fill in their answers directly onto the assignment sheet itself.

Answer Keys are provided that are formatted in the same manner, allowing instructors to grade the assignments more easily.

It is possible that some Internet sites have changed since the date the Internet Assignments and Answer Keys were prepared.

Note to Instructors Regarding Availability of Print Collections More and more law libraries are cutting back on their print publications (primarily due to the cost of maintaining print publications and the preference of students in using computer-assisted legal research resources). Even my “home” law library, Georgetown Law Center, has cut back so significantly that I often had difficulty obtaining current sets of books; some sets are now marked “Last Updated 2012” or something similar. Thus, it is possible that your students may not have access to some of the sets of books that are the subject of assignment questions. Simply omit these questions and consider relying a bit more heavily on the end-of-chapter Internet questions.

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TABLE OF CONTENTS Textbook Overview .............................................................................................................. 1 Course Outlines, Sample Syllabi, and Class Sessions ......................................................... 5 Teaching Strategies ............................................................................................................ 18 Things I Wish I Knew When I Started Teaching ............................................................... 22 The Best Websites for Teachers of Adult Learners ........................................................... 26 Technology Issues, Classroom Incivility, and Proctoring Exams...................................... 28 The Law Library ................................................................................................................ 32 Suggestions for Assignments ............................................................................................. 34 Introduction 34 Uniform Format of Assignments 35 State-Specific Assignments 35 Timeliness of Assignments Grading AssigT nm enTtsBANKSELLER.COM 36 ES 38 Citation Form for Assignments 39 Book Crunches 39 Miscellaneous 40 Conferences ................................................................................................ 40 Drafts .......................................................................................................... 40 Extra Credit ................................................................................................ 41 Mini-Memo ................................................................................................ 41 Page Limits................................................................................................. 41 Final Projects .............................................................................................. 42 Chapter by Chapter Resource Information ................................................................. 43-100 Uniform (“Blank”) Research Assignments and Internet Assignments for all Chapters ............................................................................................. 101-218 Answer Keys for Research Assignments and Internet Assignments for all Chapters ............................................................................................. 219-347 Test Bank ................................................................................................................. 348-388 Test Questions for Chapter One ........................................................................... 348 Test Questions for Chapter Two .......................................................................... 350

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Test Questions for Chapter Three ........................................................................ 352 Test Questions for Chapter Four .......................................................................... 354 Test Questions for Chapter Five........................................................................... 357 Test Questions for Chapter Six ............................................................................ 359 Test Questions for Chapter Seven ........................................................................ 362 Test Questions for Chapter Eight ......................................................................... 364 Test Questions for Chapter Nine .......................................................................... 367 Test Questions for Chapter Ten ........................................................................... 370 Test Questions for Chapter Eleven ...................................................................... 373 Test Questions for Chapter Twelve...................................................................... 376 Test Questions for Chapter Thirteen .................................................................... 379 Test Questions for Chapters Fourteen Through Nineteen ............................ 381-388

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TEXTBOOK OVERVIEW Chapters One and Two:

Finding the Law; The Federal and State Court Systems

Chapters One and Two are designed to provide general background information and material to students. The first few class sessions will be predominantly lectureoriented as students “settle in” and become familiar with each other, their program, and you. Although assignments are provided, these are designed primarily to ensure students visit a law library and build their confidence. Once students realize that the law library can be used similarly to other libraries and that assignments can be mastered, they will be sufficiently confident to move on to increasingly difficult tasks.

Chapter Three:

Statutory Law

Chapter Three is organized into two parts. The introductory section on the process of enacting laws is designed for the purpose of building confidence. Once students have achieved a comfort level provided by several class sessions and at least two straightforward library exercises, they will be ready for their first true “open-ended” assignment, requiring them to use the appropriate sources to locate statutes for this Chapter Three.

The discussion on statutes precedes the chapters relating to case law because locating statutes is generally easier than locating cases. There are fewer sets of books to learn about and use than for cT asEeS s, TfoBrAwNhK icS hE stL udLeE ntRs .mCu O s t Ml e a r n about official and unofficial publication of cases, elements of cases, briefing cases, and locating cases through annotated codes, the difficult-to-use digests, and A.L.R. Moreover, the indexes used for finding statutes in U.S.C.A. and U.S.C.S. (and for most state statutes) are very “forgiving.” Once students have learned that using an index to locate a statute is similar to using an index in any book to locate information, they will be ready to progress to the more complex subject of case law.

Chapter Four:

Case Law and Judicial Opinions

Chapter Four introduces students to the process by which cases are published, what the cases will look like in the case reports, and how to analyze a case by briefing it.

The first assignment in Chapter Four is designed to ensure students can identify the elements of a published case. The second assignment requires students to read and analyze a case by briefing it.

Chapter Five:

Locating Cases Through Digests, Annotated Law Reports, and Words and Phrases

Once students have gained background information about case law in Chapter Four and have become comfortable with what cases look like and how to read them, they will be ready for the more challenging task of locating cases through digests and A.L.R. and using West’s Words and Phrases to locate cases interpreting various legal terms.

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Chapters Six and Seven:

Encyclopedias, Periodicals, Treatises, and Restatements; Miscellaneous Secondary Authorities

Chapters Six and Seven focus on the secondary sources, from the easy-to-use encyclopedias to the more complex treatises to the less commonly used sources such as opinions of attorneys general and jury instructions. Because students’ skills at using law books will be sharpened by the previous assignments, they should experience little difficulty in locating and using most secondary sources.

Chapters Eight and Nine:

Legal Citation Form; Updating and Validating Your Research

Once students have been introduced to all of the primary and secondary sources, they can progress to the exacting tasks of citation form and case updating and validating.

Because they will have examined and used almost all of the major sets of books in the law library, they will have a frame of reference for learning the citation form for these various sources. Consider whether from this point on, students should be expected to use correct Bluebook citation form in all assignments.

Chapter Ten:

Special Research Issues

Chapter Ten provides a general overview of the less frequently encountered research tasks, such as those iTn E v oSlvTinBgAlN egKisSlaEtiLveL hEiR st . o rCy,OaMdministrative law, and international law. A quick introduction to these areas of law, together with brief assignments for each topic, should be sufficient to familiarize students with the subject matter as well as the books used in each of these fields.

Chapter Eleven:

The Digital Library: Lexis Advance, Westlaw, and Other Non-Print Research Tools

The primary focus of Chapter Eleven is on computer-assisted legal research.

Students will be much more efficient at using Lexis Advance and Westlaw once they are completely familiar with conventional research sources. Formulating queries for searching on Lexis Advance and Westlaw (if they use Boolean connectors rather than natural language techniques) is simplified because students have already been mentally formulating queries and using descriptive words and phrases to access other books in the law library. Students should have little difficulty using these systems because they mimic the ease of “Google-type” searching. Bloomberg Law is also introduced, although many paralegal programs do not offer their students access to this system.

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Chapter Twelve:

E-Research: Legal Research Using the Internet

Chapter Twelve (E-Research) provides information on using the Internet for legal research. A glossary of terms and useful websites are provided. Most younger students are tempted to turn first to the Internet for nearly any legal research task. Students should become familiar with the advantages and disadvantages of each method of legal research so that clients’ needs are served most efficiently and economically. The written assignment is designed to increase confidence and skill in using the Internet to obtain law-related information.

Chapter Thirteen:

Overview of the Research Process

Chapter Thirteen provides a review of the research process, together with some tips for getting started on research tasks, taking notes, and working efficiently in a law library. Some students may have become dependent on the question-answer format of the written assignments and may need to become prepared for the “floundering” feeling many beginning researchers experience when presented with open-ended research and writing projects. The worksheet and charts provided in this chapter are intended to reduce the anxiety some beginning researchers experience and are intended to provide an ordered framework for performing complex research tasks.

LaLsiEcR Chapters Fourteen and F i f tT e eEnS: TBBAaNcK kS toEB s;.SC trOaM tegies for Effective Writing Nearly all students will benefit from a review of the basic rules of grammar, punctuation, and spelling found in Chapter Fourteen. Because many students do not have strong writing backgrounds, a review of writing basics is usually helpful. Even those students who have done a great deal of writing are unfamiliar with legal writing and will benefit from an explanation of the features of effective legal writing. Assignments in these chapters focus on recognizing and correcting common writing errors.

Chapters Sixteen, Seventeen, and Eighteen: Legal Correspondence; Legal Memoranda; Legal Briefs Once students have been introduced to the hallmarks of effective legal writing and have reviewed the basics of grammar, spelling, and punctuation, they will be ready to tackle writing projects. The chapters on writing describe the most common writings performed by many legal professionals: correspondence, internal office memoranda, and briefs for trial (and, on occasion, appellate) courts. Each of these projects requires an interplay of the research skills learned in the earlier chapters and writing skills learned in the later chapters. Each project uses a different style and tone so that at the completion of these projects, students should be prepared for the writing tasks that await them in the “real world.” Focusing on the way much writing is done in “real life,” there are new

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assignments in Chapters Sixteen and Seventeen, requiring students to draft an email letter in addition to a traditional letter and an email memorandum in addition to a traditional memorandum.

Chapter Nineteen:

Postwriting Steps

Chapter Nineteen focuses on the finishing touches for writing projects: reviewing, revising, editing, and proofreading. Careful proofreading skills are essential for paralegals due to the exacting nature of the legal profession. Similarly, document design can greatly enhance the appearance and readability of a project.

SUMMARY Each chapter in the text is designed to build upon previously introduced information, with the earlier chapters concentrating on providing background information and building confidence, the middle chapters focusing on developing the skills needed for any type of research project, and the later chapters devoted to the task of linking research skills to writing skills. This step-by-step approach will allow students to progress in an orderly manner enabling them to become confident and efficient researchers and effective writers.

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COURSE OUTLINES, SAMPLE SYLLABI, AND CLASS SESSIONS COURSE OUTLINES/SYLLABI Legal research programs and classes vary greatly from institution to institution.

Some classes meet once per week for two or three hours. Others meet twice or more each week for an hour or slightly longer. Some are conducted entirely online, and others use a hybrid approach, meeting online for some sessions and using face-to-face teaching for other sessions.

On the following pages, I have provided suggested course outlines/syllabi, including text assignments for Legal Research and Writing for Paralegals (9th ed. 2019), for three different course formats: a one and one-half hour class session; a three-hour class session; and a course in which teachers prefer to teach about secondary authorities before teaching about primary authorities. You may find that some other schedule better suits your needs and those of your students.

After more than 20 years of teaching legal research and writing to students, I have found that students like having a definite course syllabus and that although they are willing to be flexible to some extent, they are more comfortable when a syllabus lends predictability to class sessions.

I have also found that, as is the case with almost everything else in the law, it is

better to put things in writingT . E ThSeTreBfoArN e,KmSyEsL ylL laEbR us.uCsuOaM lly consists of two sections.

The first section is devoted to some of the goals and rules for the class, the grading policy, required texts, and contact information where I can be reached. Including your (or your institution’s) policy on attendance, grading, late assignments, or any other similarly sensitive issue will serve as a reminder to students who have selective memories regarding these matters. The second section of the syllabus includes the schedule of the class, due dates for assignments and projects, and reading assignments. Once again, including the dates assignments are due eliminates any confusion on this topic.

Some instructors prefer to allocate a portion of the student’s final grade to class participation and attendance. Such a policy (especially when students are called upon at random) helps ensure that students complete all assignments and are ready for class.

Other instructors do not include participation as a component of grades (believing that such a policy encourages some students to “hog” the floor while penalizing shy students), while still others reserve the right to include participation in borderline cases.

State in your syllabus if you have any requirements as to format of assignments, such as requiring word-processed assignments in 12-point font or whether assignments may or must be submitted electronically, using email or a service such as Blackboard.

Although many legal research and writing instructors assign grades solely on the basis of research and writing exercises and projects, others prefer to give exams as well to test students’ knowledge of the material. Clearly, either approach is acceptable. One

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slight disadvantage of giving tests is that tests will “use up” class time that many instructors prefer to devote to introducing material, discussing writing tips and strategies, and reviewing assignments completed by students. A Test Bank with questions for all chapters is found at the end of this Manual. An ideal testing situation would combine a traditional test with questions requiring students to perform research using Lexis Advance, Westlaw, and the Internet (assuming Internet access is available to all students at the time of the test).

Because you will surely be asked if “extra credit” assignments are available, consider your policy on this and include it in the syllabus.

Due to the significant amount of material in paralegal research and writing classes, I have often had to omit some topics from class discussions and tests and simply suggest that students review those materials on their own. It can be difficult to cover all of the topics in the text in the number of hours allotted for the class in some paralegal programs. Thus, you may wish to focus on those areas that you believe will be of greatest value to paralegals in the workplace and in your locale.

A number of paralegal programs and instructors now post their syllabi on various websites. Using a general search engine (for example, www.google.com), key in the terms “paralegal syllabus” or similar terms and you will be directed to numerous syllabi that you can review for suggestions.

The following websiteToEfS feT rsBvA alN uaKbSleErL esLoE urR ce.sCoO n Meverything from preparing a syllabus, to dealing with difficult behaviors, and ethics issues: https://www.honolulu.hawaii.edu/facdev/teaching-techniques/ Following are sites providing some specific syllabi for legal research and writing courses: • https://www.uidaho.edu/-/media/UIdahoResponsive/Files/law/students/class-assignments/spring-2018/law-815,-d,5-and-,-d-,7---legal-research-and-writingsyllabus.pdf?la=en&hash=30F3D636A5F1F97DCC6262DA1AC4975804 D25715 • https://www.law.ufl.edu/_pdf/studentaffairs/syllabus/fa13/Fall2013Syllabus-SectionI.pdf • http://www.apus.edu/z/course-syllabus/LSTD205.pdf • https://www.law.gmu.edu/assets/files/academics/schedule/2013/fall/HUR LEY_LRWAI-S.pdf • www.aafpe.org (AAfPE offers sample syllabi. Your institution is likely a member of AAfPE and thus can provide you with access to the syllabi AAfPE provides.)

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Also, the following site may have some materials of interest: •

http://www.lawprofessorblogs.com. “Law Professor Blogs Network” offers resources, news, and information for law school teachers.

Restructuring the Course to Teach Secondary Sources First Many legal research instructors prefer to teach about secondary sources before teaching about primary sources, primarily because the secondary sources are easy to use and their layout, especially that of the encyclopedias, is familiar to students. I have usually taught primary sources first, generally because one of the benefits of secondary sources is that they direct users to primary sources and I have wanted my students to be familiar with these primary sources to which they will be referred. However, I understand the benefits of teaching secondary sources first and I know that it works well.

I have therefore included a third sample syllabus to show how to restructure the course if you wish to teach secondary sources before you introduce students to primary authorities. The syllabus may look a little awkward (because it asks students to read chapter 6 before the earlier chapters), but it should work well.

Using Blackboard, Canvas, or Similar Electronic Systems

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Many institutions provide teachers and instructors with access to Blackboard, Canvas, or some other similar networked learning software. These tools facilitate teacherstudent communication and allow numerous participatory learning experiences. I have typically used Blackboard and Canvas for the following: • • • • •

Posting a “Welcome” message to students before the first day of class and reminding them to locate the class Syllabus, print it, and complete the first reading assignment; Posting the Syllabus for the duration of the semester; Posting all assignments (so that students who have missed classes or forgotten to take their assignments to the library can access the assignment); Posting links to articles of interest accessible through the Internet; and Communicating with students if a class needs to be delayed or changed, to alert them to an error in an assignment, and to remind them of due dates, projects, and tests.

Blackboard and Canvas are capable of sending emails to the entire class or to select students, allowing “real time” discussion; averaging grades, and providing numerous other useful learning tools.

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SAMPLE SYLLABUS FOR LEGAL RESEARCH AND WRITING (One and One-Half Hour Class Sessions) GEORGETOWN UNIVERSITY PARALEGAL STUDIES PROGRAM LEGAL RESEARCH AND WRITING SPRING 2019

Class Time:

8:00 a.m. – 9:30 a.m.

Instructor:

Deborah E. Bouchoux (xxx) xxx-xxxx Email: xxxxxxxxxxx

Texts:

Legal Research and Writing for Paralegals (9th ed. 2019) by Deborah E. Bouchoux; Published by Wolters Kluwer Law & Business ISBN: ; List Price: The Bluebook (20th ed. 2015); ISBN: ; List Price:

TESTBANKSELLER.COM Course Description: The purpose of this course is to acquaint students with the fundamentals of legal research and writing. Students will learn to use and locate primary and secondary authorities. The course will include a general overview of the federal and state court systems.

Students will learn the elements of a court decision, how to locate cases through the use of digests, and how to brief a case. The course reviews the techniques of legal writing customarily taught in law school; citation form; citation validation; the methods of compiling legislative histories; administrative and international legal research; and the writing of letters, law office memoranda, and court briefs. Additionally, students will receive comprehensive information on using Lexis Advance, Westlaw, and the Internet to conduct legal research.

Assignments:

There are no tests in this class. Grades are based solely on projects assigned and completed. Any assignment that is not turned in promptly at the beginning of a class is late. It will automatically be penalized five points (ten points for the final project) and will thereafter be penalized one point for each day (or fraction thereof).

NO EXCEPTIONS ARE MADE OR GIVEN TO THIS POLICY. All assignments were prepared at the Georgetown Law

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Center Law Library. You many find many other sources in other libraries; however, it cannot be assured or guaranteed that you can complete assignments elsewhere.

Grading:

There are 500 points possible. The library assignments (end of chapter exercises and Internet Assignment exercises) total 200 points. The letter is worth 100 points and the court brief is worth 200 points. The total number of points you achieve will be divided by five and your grade will be assigned as follows (Georgetown University Grading Guidelines): 100.00- 91.00 A 90.99 - 90.00 A89.99 - 89.00 B+ 88.99-81.00 B 80.99-80.00 B79.99-79.00 C+ 78.99-71.00 C 70.99-70.00 C69.99-69.00 D+ 68.99-60.00 D 59.99-0 F

Students with Special Needs: Any student with a disability, whether a physical, TESTBANKSELLER.COM psychological or learning disability must contact the Academic Resource Center at 202687-xxxx or www.xxx.xxx and follow the process outlined by ARC for requesting an accommodation. Students should contact the ARC prior to the start of the term. If a request is not submitted on a timely basis, special accommodations are not retroactive, and therefore will not be honored. Georgetown does not discriminate or deny access to an otherwise qualified disabled student on the basis of disability, and students with disabilities may be eligible for reasonable accommodations and/or special services in accordance with the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. However, students are responsible for communicating their special needs to the Academic Resource Center. Georgetown is not responsible for making special accommodations for students who have not requested an accommodation and adequately demonstrated their disabilities. Also, Georgetown need not modify course or degree requirements considered to be an essential requirement of the program of instruction.

All students enrolled in this course agree to abide by all rules and regulations promulgated by Georgetown University, including the Honor Code and all other academic integrity standards as discussed during New Student Orientation and covered in the Student Handbook.

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LEGAL RESEARCH AND WRITING SYLLABUS DATE

TOPIC

ASSIGNMENT

Session 1

Introduction to Legal Systems; Sources of Law

Text: Chapter 1

Session 2

The Federal Court System

Chapter 2; Ch. 1 Assignments due

Session 3

Introduction to Statutory Law

Chapter 3; Ch. 2 Assignments due

Session 4

Statutory Law and Constitutions; Research Process

Session 5

Introduction to Judicial Opinions

Session 6

Judicial Opinions, continued

Session 7

ErSieTf B How toTB aA CN asK e SELLER.COMCh. 4 Assignments due

Session 8

Digests

Session 9

Annotated Law Reports and Words and Phrases

Session 10

Secondary Sources (encyclopedias and periodicals)

Session 11

Secondary Sources (treatises, restatements, etc.)

Session 12

Misc. Secondary Sources

Chapter 7; Ch. 6 Assignments due

Session 13

Citation Form and Case Updating

Chapters 8 and 9 Ch. 7 Assignments due

Session 14

Legislative History; Administrative Chapter 10 Law; and International Law Ch. 8 & 9 Assignments due

Chapter 4; Ch. 3 Assignments due

Chapter 5; Case brief due

Chapter 6; Ch. 5 Assignments due

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Session 15

The Digital Library

Chapters 11 and 12; Ch. 10 Assignments due

Session 16

Legal Writing

Chapters 13, 14 and 15; Ch. 11 & 12 Assignments due

Session 17

Correspondence and Memoranda

Chapters 16 and 17

Session 18

Brief Writing and Post-Writing

Chapters 18 and 19; Letter due

Session 19

Final Session

Brief due; in-class proofreading assignment

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SAMPLE SYLLABUS FOR LEGAL RESEARCH AND WRITING (Three Hour Class Sessions) GEORGETOWN UNIVERSITY PARALEGAL STUDIES PROGRAM LEGAL RESEARCH AND WRITING SPRING 2019

Class Time:

8:00 a.m. – 11:00 a.m.

Instructor:

Deborah E. Bouchoux (xxx) xxx-xxxx Email: xxxxxxxxx

Texts:

Legal Research and Writing for Paralegals (9th ed. 2019) by Deborah E. Bouchoux; Published by Wolters Kluwer Law & Business. ISBN No. ; List Price: $ The Bluebook (20th ed. 2015). ISBN No. ; List Price: $

Course Description: The purpose of this course is to acquaint students with the f u n d amTeEn tSa lTs B ofAlN egKaS l rEeL seL arEchR. anCdOwMriting. Students will learn to use and locate primary and secondary authorities. The course will include a general overview of the federal and state court systems.

Students will learn the elements of a court decision, how to locate cases through the use of digests, and how to brief a case. The course reviews the techniques of legal writing customarily taught in law school; citation form; citation validation; the methods of compiling legislative histories; administrative and international legal research; and the writing of letters, law office memoranda, and court briefs. Additionally, students will receive comprehensive information on using Lexis Advance, Westlaw, and the Internet to conduct legal research.

Assignments:

There are no tests in this class. Grades are based solely on projects assigned and completed. Any assignment that is not turned in promptly at the beginning of a class is late. It will automatically be penalized five points (ten points for the final project) and will thereafter be penalized one point for each day (or fraction thereof).

NO EXCEPTIONS ARE MADE OR GIVEN TO THIS POLICY. All assignments were prepared at the Georgetown Law Center Law Library. You many find many other sources in other libraries; however, it cannot be assured or guaranteed that you can complete assignments elsewhere.

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Grading:

There are 500 points possible. The library assignments (end of chapter exercises and Internet Assignment exercises) total 200 points. The letter is worth 100 points and the court brief is worth 200 points. The total number of points you achieve will be divided by five and your grade will be assigned as follows (Georgetown University Grading Guidelines): 100.00- 91.00 A 90.99 - 90.00 A89.99 - 89.00 B+ 88.99-81.00 B 80.99-80.00 B79.99-79.00 C+ 78.99-71.00 C 70.99-70.00 C69.99-69.00 D+ 68.99-60.00 D 59.99-0 F

Students with Special Needs: Any student with a disability, whether a physical, psychological or learning disability must contact the Academic Resource Center at 202687-xxxx or www.xxx.edu and follow the process outlined by ARC for requesting an accommodation. Students should contact the ARC prior to the start of the term. If a request is not submitted on a TESTBANKSELLER.COM timely basis, special accommodations are not retroactive, and therefore will not be honored. Georgetown does not discriminate or deny access to an otherwise qualified disabled student on the basis of disability, and students with disabilities may be eligible for reasonable accommodations and/or special services in accordance with the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. However, students are responsible for communicating their special needs to the Academic Resource Center. Georgetown is not responsible for making special accommodations for students who have not requested an accommodation and adequately demonstrated their disabilities. Also, Georgetown need not modify course or degree requirements considered to be an essential requirement of the program of instruction.

All students enrolled in this course agree to abide by all rules and regulations promulgated by Georgetown University, including the Honor Code and all other academic integrity standards as discussed during New Student Orientation and covered in the Student Handbook.

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LEGAL RESEARCH AND WRITING SYLLABUS DATE

TOPIC

ASSIGNMENT

Session 1

Introduction to Legal Systems; Sources of Law; the Federal Court System

Chapters 1 and 2

Session 2

Statutory Law and Constitutions

Chapter 3; Ch. 1 & 2 Assignments due

Session 3

Judicial Opinions

Chapter 4; Ch. 3 Assignments due

Session 4

How to Brief a Case; Digests; Annotated Law Reports; Words and Phrases

Chapter 5; Ch. 4 Assignments due

Session 5

Secondary Sources

Chapters 6 and 7; Ch. 5 Assignments due; Case brief due

Session 6

Citation Form and Case Updating

Session 7

Special Research Topics Chapters 10, 11, and 12 (Legislative History, Administrative Ch. 8 & 9 Assignments due Law, and International Law); New Technology in Legal Research

Session 8

Introduction to Writing; Writing Basics; Legal Correspondence and Memoranda

Chapters 13, 14, and 15; Ch. 10, 11, & 12 Assignments due

Session 9

Brief Writing and Post Writing Steps

Chapters 16 – 19; Letter due

Session 10

Final Session

Brief due; in-class proofreading assignment

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SAMPLE SYLLABUS FOR LEGAL RESEARCH AND WRITING (To Be Used When Teaching Secondary Sources First)

GEORGETOWN UNIVERSITY LEGAL RESEARCH AND WRITING Spring 2019

Class Time:

8:00 a.m. – 11:00 a.m.

Instructor:

Deborah E. Bouchoux (xxx) xxx-xxxx Email: xxxxxxxxx

Texts:

Legal Research and Writing for Paralegals (9th ed. 2019) by Deborah E. Bouchoux. Publisher: Wolters Kluwer Law & TBEuS LoL.:ER.COM; List Price: $ siT neBsA s. N ISKBSNEN The Bluebook (20th ed. 2015). ISBN No.: ; List Price: $

Course Description: The purpose of this course is to acquaint students with the fundamentals of legal research. Students will learn to use and locate primary and secondary authorities. The course will include a general overview of the federal and state court systems. Students will learn the elements of a court decision, how to locate cases through the use of digests, and how to brief a case. The course reviews citation form; citation validation; the methods of compiling legislative histories; administrative and international legal research; and includes comprehensive information on using Lexis Advance, Westlaw, and the Internet to conduct legal research.

Assignments:

There are no tests in this class. Grades are based solely on projects assigned and completed. Any assignment that is not turned in promptly at the beginning of a class is late. It will automatically be penalized five points (ten points for the final project) and will thereafter be penalized one point for each day (or fraction thereof).

NO EXCEPTIONS ARE MADE OR GIVEN TO THIS POLICY. All assignments were prepared at the Georgetown Law Center Law Library. You many find many other sources in other

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libraries; however, it cannot be assured or guaranteed that you can complete assignments elsewhere.

Grading:

There are 500 points possible. The Research Assignments and Internet Assignments total 500 points. The total number of points you achieve will be divided by five and your grade will be assigned as follows (Georgetown University Grading Guidelines): 100.00- 91.00 A 90.99 - 90.00 A89.99 - 89.00 B+ 88.99-81.00 B 80.99-80.00 B79.99-79.00 C+ 78.99-71.00 C 70.99-70.00 C69.99-69.00 D+ 68.99-60.00 D 59.99-0 F

Students with Special Needs: Any student with a disability, whether a physical, psychological or learning disability must contact the Academic Resource Center at 202687-xxxx or www.xxx.edu and follow the process outlined by ARC for requesting an accommodation. Students should contact the ARC prior to the start of the term. If a request is not submitted on a TESTBANKSELLER.COM timely basis, special accommodations are not retroactive, and therefore will not be honored. Georgetown does not discriminate or deny access to an otherwise qualified disabled student on the basis of disability, and students with disabilities may be eligible for reasonable accommodations and/or special services in accordance with the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. However, students are responsible for communicating their special needs to the Academic Resource Center. Georgetown is not responsible for making special accommodations for students who have not requested an accommodation and adequately demonstrated their disabilities. Also, Georgetown need not modify course or degree requirements considered to be an essential requirement of the program of instruction.

All students enrolled in this course agree to abide by all rules and regulations promulgated by Georgetown University, including the Honor Code and all other academic integrity standards as discussed during New Student Orientation and covered in the Student Handbook.

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LEGAL RESEACH AND WRITING SYLLABUS DATE

TOPIC

ASSIGNMENT

Session 1

Introduction to Legal Systems; Sources of Law; the Federal Court System

Chapters 1 and 2

Session 2

Secondary Sources

Chapters 6 and 7 Ch. 1 & 2 Assignments due;

Session 3

Statutory Law and Constitutions

Chapter 3; Ch. 6 & 7 Assignments due

Session 4

Judicial Opinions

Chapter 4; Ch. 3 Assignments due

Session 5

How to Brief a Case; Digests; Annotated Law Reports; Words and Phrases

Chapter 5; Ch. 4 Assignments due; Case brief due

Session 6

SpecialTREeSseTaB rcA h NTK opSiE csLLER.COMChapters 10, 11, and 12 (Legislative History, Administrative Ch. 5 Assignments due Law, and International Law); The Digital Library; E-Research

Session 6

Citation Form and Case Updating

Chapters 8 and 9 Ch. 10, 11, & 12 Assignments due

Session 8

Overview of the Research Process Introduction to Writing; Writing Basics; Legal Correspondence and Memoranda

Chapters 13 - 17;

Session 9

Brief Writing and Post Writing Steps

Chapters 18 and 19 Memo due

Session 10

Final Session

Brief due; in-class proofreading assignment

Ch. 8 and 9 Assignments due

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TEACHING STRATEGIES Adult Learners Teaching adult learners is an exciting and satisfying profession. The students who attend paralegal programs are typically enthusiastic about acquiring new skills and are eager to learn. The varied backgrounds of students stimulate classroom participation.

Some students may be newly minted graduates. Others may be legal secretaries, project assistants, or otherwise employed by law firms or legal employers and desire to learn more about the law. Some of these students may be attending a paralegal program to obtain a promotion. Others attend as a prelude to law school or with the thought that if they enjoy the work and the profession, they may ultimately attend law school. Still others are mid-career or making career changes. Finally, many students are older or postretirement or are entering the work force for the first time in a number of years.

I have taught classes in which there has been a gap of more than 40 years between the youngest student and the oldest student. One of the most satisfying results of teaching such classes is to observe the friendships, rapport, and collegiality that develop among students with such diverse backgrounds.

On the other hand, it is extremely challenging for an instructor to meet the needs of students who are sometimes two generations apart and have such differing goals.

Whereas all (or nearly all) students in law school share a common goal, namely, to become lawyers, the same canTnEoS t bTeBsA aiN dK ofSaEllLpL arEalRe. gaCl O s tM u d e n t s . Most intend to become paralegals, but some simply desire to know a bit about the law without investing the significant amounts of time and money law school requires. Others may be functioning as paralegals and simply desire to sharpen their skills while others fully intend to attend law school as soon as possible.

Each of these students brings certain strengths to the classroom. The younger students are often confident and are familiar with being in school. Those who are working or have worked in legal settings often have a wealth of information about “real life” in a law firm or legal department. Although older students who have not been in a school setting for a number of years often lack confidence and have concerns they will not be able to keep up with the younger students, they may bring invaluable life experience to the classroom. Often their writing skills are superior to those of younger students, and they are usually diligent, eager, and conscientious learners.

In general, today’s learners and adult learners are active learners. They prefer being actively involved in the learning process rather than taking copious notes, reading a textbook, and then being tested on the material. This preference for active learning makes legal research and writing a fun and exciting class.

Because the best way to learn legal research is to do it, students will spend a great deal of time in the law library examining the books and acquiring skill and proficiency at research. The challenging task of using the law books and finding the answers to

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questions on an assignment is often a welcome change from the passive learning in other classes.

The most satisfying aspect of teaching legal research and writing is to observe the progress made by the students. Instructors who teach other courses often have no way of knowing if students have truly mastered the material or if they have simply learned to be skillful students and test-takers. Legal research and writing instructors are able to observe students gain skill and mastery as they progress from the first class, not knowing the difference between a case and a statute, to the last class, capable of locating primary and secondary authorities and then using those authorities to prepare a clear and cogent written project.

Effective Strategies For a short period of time several years ago, I had the opportunity to serve as Acting Program Director of the Legal Assistant Program (later renamed the “Paralegal Studies Program”) at Georgetown University in Washington, D.C. In the course of my duties, I was able to observe other instructors, meet with students, and review students’ written evaluations of their instructors. I was thus able to learn from students their perspectives as to which teaching techniques were effective and what students believed hindered their progress. After reviewing numerous evaluations and conferring with students I was able to draw some conclusions relating to three critical aspects of teaching: effective teaching strategies; techniques to establish rapport and maintain control in the classroom; and common comT plE aiS ntTs B abAoNuK t iSnsEt rLu L ct E o rRs ..COM Effective Instructors of Adults: 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

Are excited and enthusiastic about their subject and are eager to impart information to their students; Clearly outline course objectives; Give all assignments in writing; Have well-organized class outlines, handouts, and other materials to reduce copious note-taking; Give substantive presentations every class; Do not waste class time getting organized; Expect that adult learners have intellectual capabilities equal to their own and treat them accordingly; Support students’ efforts and are patient in helping students who have different educational backgrounds or experiences; Are familiar with required texts, handouts, and other materials; Give realistic assignments and projects using examples that approximate real-life situations; Respond to students’ need to know how they are doing in class by promptly returning graded papers with comments so students can improve their work; Handle controversial issues and difficult students firmly and fairly;

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13.

14.

15.

16.

Know “inside” information about their field and are able to share journals, articles, and other news about the field and employment opportunities; Are quick to learn students’ names; Meet their commitments to the class and expect the class to honor deadlines; and Are eager to involve participants and use a variety of teaching techniques in class and to communicate with students.

Strategies to Establish Rapport and Maintain Control 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

At the first class session, welcome students, announce the course title, introduce yourself, and give a little background about yourself and the class.

At the first class session, briefly review course objectives, distribute/discuss the course syllabus, discuss and perhaps briefly review the texts required for the class, and make announcements that include information such as scheduled class breaks, use of laptops, and location of restrooms and vending machines.

For all classes, start on time. This sets the tone for the following sessions and discourages latecomers.

Learn students’ names quickly and use them. Using first names establishes an atmosphere of joint learning.

Use “we” rather than “I” to remind students that learning is a collaborative effort.

Gain the respect and friendship of the class. Occasional hecklers or complainers will find no support for their conduct.

Respond to questions openly and directly. If you do not know the answer to a question, offer to findTthEeSinTfB orAmNaK tioSnE , aLnLdEthRe. nC doOM so.

Avoid criticism or remarks about the facilities, the administration, or other instructors.

Look directly at students. Establish eye contact.

Watch for signs of fatigue or restlessness and then change the pace of your delivery, move about the room, allow a break, or introduce audio-visual or PowerPoint presentations or a new topic.

Allow time for questions.

Avoid rapid-fire delivery. Repeat material if necessary.

Make assignments clear. Major projects should be given in writing as handouts.

Try to make your delivery interesting, well organized, and stimulating. Avoid reading from the text or other written materials.

Avoid excessive “war stories.”

Common Complaints about Instructors 1.

2.

3.

4.

Instructor is late or disorganized.

Instructor is unprepared for class.

Instructor rushes through the material without allowing time for comments, discussion, or questions.

Instructor fails to follow course syllabus and makes frequent changes in the class schedule, exams, or projects.

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5.

6.

7.

8.

9.

10.

Instructor gives unreasonable assignments.

Instructor ignores questions or becomes defensive when questions are asked.

Instructor is unavailable for discussion or assistance.

Instructor does not explain the basis of grades.

Instructor is unfamiliar with current topics in the field or relevant journals.

Instructor delays in returning assignments to students.

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Things I Wish I Knew When I Started Teaching Following is a brief overview of some rather sensitive topics and the manner in which either I (or other instructors I know) handle these issues. The suggestions given are mere suggestions and may not be applicable to your situation.

1.

I wish I knew students would arrive late for class. Some students habitually arrive late for class. In Washington, D.C. with its cold winter climate, late arrivals disrupt the class by having to remove their coats and gloves, organize their umbrellas, and then “set up” for class. Some of my classes have been at night and the late arrivals often arrive with dinner, unwrapping their meals, crinkling napkins, and spilling drinks. To discourage late arrivals, consider the following: a.

b.

c.

2.

Institute a point penalty so that any assignment not turned in promptly at the beginning of a class is marked late. Explain that courts reject late filings and that students need to learn the “rules of the road” as soon as possible. These point penalties encourage promptness.

Remain silent until the student is completely seated. The silence in the classroom is deafening, and most students make the effort to appear on time thereafter. This “silent treatment” also works well when students talk during your presentation. When I observe such talking (more than a mere comment or two), I usually stop talking completely for however long it takes for the taTlkEeS rsTtoBrAeN alK izS eE thL eL roEoR m.isCsOilM ent. Once I have their attention, I will continue the presentation. On occasion, I have said, “Excuse me. Are there questions? If not, I will continue.”

Post a sign on the door indicating that students should wait until the next break to enter the room so as not to disrupt other students.

I wish I knew that students would ask for numerous letters of recommendation. During my first couple of semesters of teaching, I was inundated with requests for letters of recommendation (nearly all of which were for law school applications). What made the task more difficult is that some students who requested recommendations were only average students. This situation is much easier now that most students applying to law school send one complete “packet,” including recommendations, to the LSAC central admission center, which then sends separate applications to each school. The process is also made easier by the use of electronically submitted recommendations.

To make the task of recommendation-writing somewhat more manageable, consider the following: a. b.

State that students must earn a grade of “A” or “B” in your class for you to provide a letter of recommendation.

Require that you be given at least three weeks advance notice for providing a recommendation.

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c.

d.

Require that students provide you with all materials, stamps, envelopes, etc., copies of their transcripts, and so forth. On some occasions, a former student may ask for a letter of recommendation several years after a class has ended. If you teach several classes, it may be difficult for you to recall the student’s performance. Thus, asking for a copy of the student’s transcript and resume will jog your memory.

Limit the number of letters you will provide for any one student. One instructor I know allows only two recommendations per student.

Consider whether you will give a standard or blanket “to whom it may concern” letter of recommendation. Students may keep these for years and continue passing out and using your letter for a variety of purposes. Many instructors prefer that they be personally called by a prospective employer and will then respond to that person (or write a specific and targeted letter to that employer for its use only).

3.

I wish I knew some students would ask questions primarily to be noticed in class. If you are confronted with a student who asks so many questions that necessary material is not being covered, consider the following: a. b. c. d.

4.

Announce that you intend to discuss new material first and that once you are through with your presentation, you will entertain questions.

Note that the student has raised his or her hand and comment that you will respond to queTstE ioSnT s lBaA t eN r . KSELLER.COM Comment that you will be happy to answer the question outside of the class session (especially if it is not relevant to the material you presented).

Ask students to write down any questions not covered in that class session and state that you will respond to those questions at the beginning of the next class session or that you will post your responses on Blackboard or whatever other online system you are using.

I wish I knew some students were so eager to get a good grade that they would argue with me over every assignment/grade. This sensitive issue has been one of the most difficult for me to resolve. Generally, I try to make several comments on papers I grade so that students know what I thought was good about their papers and what I thought needed improving. In many instances, I have invited students to submit a written argument to me, much as they would a court, with supporting “evidence” to support their position. If students can show me that a case or statute or other authority supports their position, I am happy to “restore” points to them. If I make a mistake (and I have, both in grading papers and in calculating grades), I try to apologize promptly and correct the error. In some classes, I have given a short heart-to-heart talk about the value of learning the material and commented that while I understand that everyone wants to perform well and get a good grade, the important thing is to learn the material and that if students believe they have mastered the material and can find and write about cases, statutes, and so forth, then they will have accomplished their goals.

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5.

I wish I knew some students would collaborate unfairly with others when doing assignments. This is another sensitive issue. In the first class session, I try to note that while brainstorming is a useful technique and that although I expect that students may well share information as to where to find materials in the law library, that when it comes time to “put pen to paper,” the product must be that of the student and not the result of collaboration. Many law schools ask students to sign statements either at the beginning of each semester or for each project that work produced is their own. If I notice that students’ papers are identical or too similar, I make a comment on the papers and remind the students that work must be their own. If another incident occurs, I submit the papers to my program office and ask for guidance.

6.

I wish I knew some students would occasionally be hostile. I recently had a student who seemed born to complain. He complained about the classroom, the air conditioning, the assignments, the quality of the printer I used for any handouts, and nearly everything else. From past experience, I knew that confronting him directly in class (in front of other students) would only make him more hostile. I asked him privately why he was so unhappy and asked if I could do anything. I also requested that he not take up class time with negative comments and to make an appointment with the administration to discuss these problems. He improved slightly but in general remained a toxic person in the classroom. These disruptive or hostile students are among the most difficult problems for a t e a c h e rTaEn Sd T caBnAmNaK keSoEnLeLdE reR ad.gCoOinMg into the classroom. Try killing them with kindness. Try speaking to them privately. Try enlisting the administration for help. Chances are, these students are negative in other classes as well. Perhaps the program director can speak with the student and comment that several instructors have noticed the student’s attitude and ask if the program can help. Sometimes the student will be sufficiently embarrassed to cease complaining.

7.

I wish I knew some students would attempt to enlist me in disputes with other instructors or the administration. On occasion, a student might say, “Do you think that an instructor should . . . .” This is usually a tip that you are not being asked a rhetorical question but are being asked to side against a position taken by another instructor. Similarly, you may hear grumbling during breaks or before class about another instructor or about the program administration. If asked about another instructor or administrator, consider responding, “It is not appropriate for me to comment about anyone’s class but mine. I would not appreciate another instructor making comments about my class and therefore I never comment about anyone else’s class.” When I hear rumors and grumbling, I usually call the program administration and try to give a “heads up” that a problem may be brewing. The program office can often then defuse the issue before it becomes a difficult problem.

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8.

I wish I knew some students would over-rely on the Internet. Most students are very proficient at using the Internet. Because so many cases and statutes are now accessible on reputable Internet sites, many students resist going to the law library and prefer to use the Internet to do research whenever possible. I have also discovered that a few students have “cut and pasted” materials from the Internet directly into their assignments. In one instance, a student used significant material from the ACLU website in a final project (with no attribution). The university held an honor board hearing to determine the appropriate penalty for the honor violation. Some paralegal programs require students to sign honor code pledges at the beginning of the program. Others require students to sign honor code pledges on each assignment. In any event, make sure your policy regarding the use of the Internet to do assignments is clearly stated.

9.

I wish I knew it was okay not to know everything. I think I am a better teacher now than I was when I was first starting. I think I was so eager to do a good job, I became defensive if a student pointed out that I had misspoken or that I had made an error. It took me a bit of time to realize that it’s okay not to know everything.

When a student points out that I have made an error, I try to respond, “Thanks.

Great catch - sorry I misspoke,” and then move on.

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The Best Websites for Teachers of Adult Learners: •

https://www.ryerson.ca/content/dam/lt/resources/handouts/EngagingAdultLearner s.pdf This site provides numerous tips for teaching adult learners.

•

http://info.legalsolutions.thomsonreuters.com/signup/newsletters/perspectives Thomson/West offers an electronic journal, “Perspectives,” which provides a forum for discussing the teaching of legal research and writing, focusing on research materials, tools, and theories.

•

https://www.honolulu.hawaii.edu/facdev/teaching-techniques/ This excellent site has information regarding “the first day,” “life balance,” “preparing a course syllabus,” and other useful teaching tips, including tips on learning students’ names and faces quickly.

•

https://cetl.uconn.edu/leading-effective-discussions/ This site provides information and links to resources on leading effective discussions.

•

http://www.lawprofessorblogs.com “Law Professor Blogs Network” offers resources, news, and information for law schoolteachers.

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•

https://www.lwionline.org/ The website of the Legal Writing Institute offers excellent information on teaching legal research and writing. Access its publication “The Second Draft” for extremely helpful articles on teaching methods and strategies. You may need to join the Legal Writing Institute (online, free registration) to access its resources.

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Join LWI for Sample Syllabi, Assignments, and More!

Legal Writing instructors should be sure to join the Legal Writing Institute (“LWI”), a nonprofit organization of law professors, lawyers, researchers, undergraduate professors, and others who support the development and teaching of legal writing.

One of the most helpful resources offered to LWI members is its Teaching Bank, which includes, in addition to Memo and Brief Problem Assignments, sample grading rubrics and syllabi; materials regarding teaching International students; and plagiarism resources.

You must first apply for membership (free) on the LWI website to access the Teaching Bank. To do that, go to http://www.lwionline.org/ Click on the top right corner where it says “Become a Member.” Your application will be reviewed to ensure eligibility and, once it is approved, you will receive an email with log-in instructions.

TESTBANKSELLER.COM Tip for Finding Cases to Brief and for Research Projects If you would like some interesting and quirky cases that you could assign to your students to brief, subscribe to “West’s Headnote of the Day,” at http://blog.legalsolutions.thomsonreuters.com/category/legalresearch/headnote-of-the-day.

Every day you will be emailed a headnote from an interesting, amusing, or profound case. You will be given the full citation to the case. You can use these for cases for your students to brief or to serve as a research topic for a letter, legal memorandum, or court brief.

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Technology Issues, Classroom Incivility, and Proctoring Exams Students now attend class fully “wired,” with laptops, cell phones, and PDAs such as iPhones, iPods, and BlackBerrys. These tools often cause disruption and incivility in the classroom. There is hardly a teacher today who has not been confronted with one or more of the following in the classroom: • • • •

ringing cell phones with jarring tones and songs continual reviewing of email messages by students emailing and Twittering by students Internet surfing and shopping by students

Other teachers have encountered even more uncivil and disturbing behavior, including students viewing movies on their laptops during class. One semester, after I deducted points from an assignment turned in by a student who arrived late to class, the student became incensed with me, arguing that her cell phone was far more accurate in telling time than my classroom clock. The student insisted that she had glanced at her cell phone as she entered the classroom and that she had arrived on time to class. Luckily, I had announced on the first day of class that my class officially began when I began lecturing; anyone who arrived after I began discussing the material was simply late.

Teachers need to be prepared to meet some of the following challenges even before the first day of class:

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• • • • • •

Will you allow students to use laptops in the classroom to take notes? If so, what will you do if the “clicking” of numerous laptops disturbs other students?

What will you do if non-laptop users report that the laptop users are surfing the Net and causing other students to lose focus when they invariably see the laptop users’ screens blinking and changing colors as they jump from site to site?

Will you require the laptop users to sit in the back rows so that their bright screens do not disturb students sitting in front of them?

Will you “patrol the perimeter” of the classroom, looking for abusers? If you find abusers, what will you do?

Will you require students to shut off all cell phones and similar devices?

Will you allow students to record your lectures using their PDAs?

In some instances, behavior that may seem rude to teachers is simply commonplace for our younger students. For example, several years ago, I was initially disconcerted during one of my lectures to see several students glancing at their cell phones, which were carefully placed on their desks, until I realized that younger students seldom wear watches, relying on their cell phones to tell them the time. Similarly, some students immediately enter an assignment due date in their iPhones when the assignment is given. These activities themselves, however, are uncivil. Just as one shouldn’t overtly look at a watch when another is speaking, one shouldn’t use a cell phone to engage in the same behavior.

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Even more serious is the issue of test integrity. One semester I was startled when four students left my classroom during a test without first asking permission. I followed the students down the hall and was reassured when I realized they were using the restroom and were not chatting. Only later did it occur to me that they could have used the privacy of the restroom to use their iPhones to obtain the answers to the test, review their class notes, etc. Especially savvy students can surreptitiously take pictures of tests and then forward the test to others. Digital portable devices are now so compact and some students are so proficient at using them that they barely need to glance at their devices to key in and access information.

In 2009, Common Sense Media reported that more than one-third of middle and secondary school students admitted to using digital media to cheat on an exam, and sixtyfive percent reported that they knew others in their school had cheated.

Many high schools throughout the nation require students to “turn in” their cell phones, iPhones, iPods, etc., at the beginning of tests. Teachers then have a mile-high stack of indistinguishable digital devices on their desks that must be sorted out and returned to students at the end of the test.

Teachers of adult learners cannot and should not be expected to police students and conduct pat-down searches to ensure that students have divested themselves of their technology tools before an exam. I do not wish to become a hall monitor, continually checking the restroom during a test. I admit, however, that monitoring an exam now calls for a higher level of attentionToE nS mTyBpA arN t. KTShE eL daLyE s Rw.h eCnOIMu s e d an exam period to quietly catch up on my reading and take a breather from lecturing are in the past.

Teachers must now make a point of walking around the classroom and generally “keeping an eye” on test takers.

Your school may have certain policies on these issues. Many schools, however, leave it to each teacher’s discretion how these technology tools and issues will be handled.

Some teachers believe that if students want to cheat, they’ll find a way to do so, no matter what teachers do. Similarly, many teachers believe that students who cheat only cheat themselves and they will eventually suffer when their employers realize these students do not know the material they should. In addition to simply being wrong, cheating destroys morale in the academic setting. Students who don’t cheat feel that the cheaters have an unfair advantage.

Professor P.M. Forni of Johns Hopkins University (1952-2018), author of Choosing Civility: The 25 Rules of Considerate Conduct, and sponsor of his own Civility Web Site (http://krieger2.jhu.edu/civility/), advised a “top down” approach by teachers: Teachers who respect students and treat them fairly will see an increase in civility and consideration in the classroom. For example, he recommended addressing students as “Mr.” and “Ms.” (at least for a few weeks) to remind them that their teachers are not their “pals” and that there is value in what is occurring in the classroom. His excellent articles,

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including “The Civil Classroom in the Age of the Net,” are accessible at the site http://krieger.jhu.edu/civility).

Professor Forni also recommended that teachers establish a contract or covenant with their students, outlining in writing for students what is expected of them with regard to classroom behavior (no cell phone or other disruptions, adequate preparation before class, etc.) and, similarly, what the students can expect from the teacher (punctuality, fairness, etc.).

At present, my policies are as follows (although I stand ready to revise them as new technologies emerge and as students find ways to exploit those technologies): • •

• • •

I do not allow any recording of my lectures, by any means.

When cell phone ring in the classroom, I immediately stop talking, allowing a deafening silence to fill the room as the receiving student struggles to shut the phone off. Generally, this causes sufficient embarrassment that the incident is not repeated. On occasion, a student may alert me that he or she is expecting an emergency or critical telephone call and that they may then abruptly leave the classroom. These courteous “heads-up” announcements are greatly appreciated!

I allow laptop use for taking notes during class, but I instruct my students that I retain the right to change the policy if non-laptop users complain about noisy clicking, emailing, Internet surfing, or other laptop abuses.

I do not forbid restroom use during exams, but I require my students to ask me to be excused from the roToEmS. TBANKSELLER.COM I try to be as vigilant as possible during exams, making eye contact with students, moving about the classroom, and ensuring that no books or other materials are placed on desks. Some instructors I know require students to place all backpacks, books, and so forth in a pile at the front of the room.

I take every opportunity I can to run a reality check with other teachers, asking them for their opinions on these issues, asking my program director for guidance, and raising these topics at faculty meetings. I readily admit that I don’t have all the answers, and sometimes it seems as if as soon as I resolve one issue, another replaces it. As with nearly every teaching issue, perhaps the best way to tackle these digital disruptions is to include your expectations in your syllabus and reiterate them in your first class.

Proctoring Exams Following are some tips about proctoring exams from Georgetown University and other schools: • •

Make your rules for taking the exam clear (in writing, posted on Blackboard or Canvas) or communicated before the exam begins.

Have students sign an honor pledge set forth on the first page of the exam.

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• • •

•

Prohibit all cell phone use. It should not be necessary to use a cell phone during the typical one-hour or two-hour exam period.

Use sign-out/sign-in sheets for students who leave the exam to use the restroom.

If students use Blackboard or Canvas during that time, it can be corroborated.

Distribute multiple versions of the exam (perhaps using the same questions but set forth in different order) or use different colors of paper for the exam. Students might not try to peek at another’s exam if they feel it is different than their own exam.

Ask students to space themselves away from other students in the classroom.

Other Resources on Incivility in the Classroom •

University of California, Irvine, “Dealing with Disruptive and Distressed Students” (available at https://aisc.uci.edu/faculty-staff/disruptive-students.php).

•

The University of California at Santa Cruz’s Center for Teaching and Learning offers information on civility in the classroom (available at: https://diversity.humboldt.edu/sites/default/files/creating_civility_in_the_classro om-uc_santa_cruz.pdf)

•

The Center for Research on Learning and Teaching provides links to numerous articles about teaching strategies and incivility in the classroom (available at http://crlt.umich.edu/tstrategies/incivility)

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THE LAW LIBRARY Because legal research and writing is a “hands on” experience, students spend a good deal of time working on written assignments at a law library for most research and writing classes. The assistance and support of the law library is critical to the success of any legal research and writing course.

Law Library Tour Most students benefit from a brief tour of or orientation to the law library before assignments begin in earnest. Ask the law librarian at the law library that most students will be using if tours are given. If the law library itself does not offer tours, ask if you can conduct one for your students. Most law libraries are quite accommodating and are happy to provide or allow tours so long as the group is not so large as to be a distraction to those using the law library to work and study.

You may be able to schedule a law library orientation on the Saturday before classes begin. The law library is usually quiet at that time, allowing for a leisurely pace and a thorough question period. The only disadvantage to giving the tour before classes begin is that announcements such as “these are the Decennial Digests,” or “West’s Southeastern Reporter is located here” are largely meaningless to new students. On the other hand, simply gaining familiarity with the law library, its reserve room, reference area, and printers is useful.

TESTBANKSELLER.COM Alternatively, you may wish to wait until after the first few class sessions for the orientation. By this time, students may have done a bit of exploring in connection with other classes and may be a bit more familiar with the sets of books they will be shown.

If a law library tour is not practical or is not permitted, try to obtain pamphlets from the law library regarding its collection, policies, and hours. Many pamphlets include diagrams or floor plans of the library, which will be useful in pointing out the location of the various materials and sources. If a pamphlet is not available, consider preparing a one-page diagram of the law library layout and include the hours and telephone number of the library.

Most law libraries now offer detailed floor plans and virtual tours of their collections and layouts on their websites. If your law library offers one of these virtual tours, require your students to take the tour and perhaps answer a question or two about its arrangement and collections (for example, you could require students to identify where the Pacific Reporter or Black’s Law Dictionary are located). The online card catalog may usually be accessed by students from home, allowing them to plan their research strategies before leaving home.

Some law libraries have meeting rooms or conference rooms, and students may be able to use these rooms to meet and confer on projects or assignments.

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Ask the law librarian if you can have copies of books being discarded so you can bring them to class and show students what books such as U.S.C.A. or Am. Jur. 2d look like.

Working with Law Librarians Most law librarians will appreciate being informed of the activities of your class.

Consider providing a copy of your course syllabus and assignments to a reference librarian so he or she will be able to anticipate what books or tools the class will be using.

Some law libraries will designate an individual to serve as a contact for your students, and this contact person will be primarily responsible for responding to questions and concerns.

Stay in touch with the law library. Some law school libraries arrange their hours and schedules around the activities of the law students, and as soon as final exams are over, will shift to a reduced schedule, often with little advance notice.

On occasion, a student may become overly reliant on a law librarian and may ask for help before fully exploring all of the options available to locate an answer. Although law librarians are very helpful, it can be frustrating for them to be asked for help before a student has made a diligent effort to solve a problem. Encourage students to seek help when it is needed, but remind them that once “on the job,” they may not have any help available and thus they should learn as soon as possible to work on research tasks independently. You may w i s Th E toStT ryBtoAN beKaSt E thL eL laE wRl. ibC raO ryMto be of assistance a few times each semester so students can call on you for help, particularly for difficult assignments.

Some law libraries have meeting or conference rooms, and you may be able to hold class on occasion at the law library. This is useful for demonstrating how to use certain books, such as digests and looseleaf services.

Other Law Libraries If several law libraries are available in your area, obtain their hours and telephone numbers so students may attempt to research in other, perhaps more convenient, locations. Because it is difficult to know exactly which sets of books are available in several law libraries, I have usually announced that I prepared the assignments at “X” library so I know all answers can be obtained there. I then encourage students to “scout out” other law libraries if they wish but state that I cannot guarantee they will be able to obtain all answers to all assignments anywhere other than at “X.” Several times during the course of the semester I ask students which law libraries they are using and ask them for their opinions as to layout, book availability, and assistance at these other law libraries. Over the course of a semester or two, you can get a fairly good idea of which other law libraries in the area maintain the books your students will need for their assignments and projects.

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SUGGESTIONS FOR ASSIGNMENTS Introduction Because the heart of a legal research and writing class is the actual research and writing, I rely exclusively on research and writing exercises, assignments, and projects. I do not give any exams, although I have seen several useful exams designed to test students on their knowledge of the features of various sets of books. If desired, exams can be a combination of true/false and multiple-choice questions. Alternatively, exams can present a factual question and then ask students to explain how they would go about finding the answer to the question and to describe the research techniques they would use. A Test Bank for all chapters is found in the last section of this Manual. Assuming students have in-class Internet access, an extremely effective test could be structured that would require students to use Lexis Advance, Westlaw, and the Internet to answer several questions.

As to reading assignments, these are set forth in the syllabus, and students are asked to read the text assignment for a class before that class session.

The assignments for the first several chapters are exercises requiring the students to use sets of books to which they have been introduced in the corresponding text chapter.

Because most people learn best by doing, students will need to locate and examine various sets of books to determine answers to questions.

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In real-life situations, research is not always confined to such a question-answer approach. Often several issues need to be researched for a project, and the answers are not always clear-cut. Students will become ready for such complex assignments by preparing the more thorough writing projects, such as correspondence, memoranda, and briefs. On the other hand, paralegals are often asked quick research questions, such as, “How many directors must a corporation have in this state?” or “What is the statute of limitations for bringing an action for breach of a written contract?” These questions require a paralegal to consider which set of books will yield the quickest answer and then use the set to locate the correct answer. The assignments given in the first few chapters are designed to introduce students to sets of books they will be expected to be familiar with so they will be able to respond to “real life” research requests. These first several assignments are thus very practical in nature and are intended to encourage efficient and accurate research habits.

Similarly, the questions asked in the “Internet Assignment” section for each chapter are designed to replicate “real life” assignments in law office settings. Whenever possible, these questions relate to topics discussed in the respective chapter so that, for example, after the discussion of the federal and state court structures in Chapter Two, students must locate information about state courts by accessing Internet sites that will prove useful to them once they are employed.

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An Idea for Creating Assignments: Use A.L.R. One of the most time-consuming tasks for instructors in legal research and writing classes is creating new assignments, especially complex assignments such as memos, briefs, and so forth.

One easy way to find interesting topics for students to research is to grab a couple of volumes of A.L.R. (or A.L.R. Fed. for federal topics) and review the list of annotations in the volume.

Many of these annotations are interesting and timely. Moreover, A.L.R. lists all the cases from each jurisdiction for each annotation, making it easy for instructors to locate cases from their jurisdiction so they can create a state-specific assignment.

Uniform Format of Assignments Assignments are easier for instructors to review and grade if they all look alike.

For this reason, consider providing each student with a photocopy or print of the SrEitLteLn EdiRre.cC assignment and asking that t hTe E anSsT wB erA sN beKw tlyOM on the assignment sheet. You may wish to suggest that students make a copy of the assignment sheet and use this as a work copy and transfer their answers to the “clean” copy before turning it in. You will then have a readable assignment, and the students will have an extra copy of the assignment to refer to during class discussion of the assignment.

Duplicate copies of the assignments that are given at the end of each chapter are provided in this Manual so that if you prefer to photocopy these assignments (or “copy and paste” them onto Blackboard or another learning management system) and distribute a uniform version of the assignment, you may readily do so. Answer keys are provided in the same format, with the same page breaks, to make grading easier. Students should be encouraged to maintain “clean” copies of the bigger writing projects to use as writing samples for job interviews.

State-Specific Assignments The end-of-chapter assignments provided in the text require the use of federal or general texts far more than state-specific sets. The state-specific questions often relate to the larger, more populous jurisdictions, such as California and New York, because sets of books from these jurisdictions are available in many law libraries.

It is nearly impossible to draft assignments that will be suitable for students from every state. Moreover, students without access to larger law libraries may be unable to

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locate books from states other than their own. Thus, a much heavier reliance is given to questions requiring the use of federal or general texts such as U.S.C.A. or Am. Jur. 2d rather than those requiring the use of state-specific sets.

I generally try to have students also use at least a few sets of books from states other than the one in which I teach. In this way, they get an overview of arrangements from other states and they will not feel lost or unprepared if they relocate to another jurisdiction. You are encouraged to modify the state-specific questions so that students perform research using sets of books from your state as well as using those from other states.

Depending on your locale, you may want to focus on certain areas of law. For example, students in the Washington D.C. area benefit from additional instruction in administrative law and legislative history while students from northern California may appreciate assignments in the field of intellectual property, and students from the Pacific Northwest may appreciate assignments relating to environmental issues.

Examples of and suggestions for state-specific questions for nearly all chapters are included in this Instructor’s Manual.

Timeliness of Assignments The first semester I taught, it never occurred to me that students would not turn in TeEoSrTthBaA assignments or projects on tim t tN heKdSaE yL(oLrEevRe.nC inO g)Mbefore a long-term project was due, students would ask for an extension. After consulting with several other instructors and my program director, I enacted a policy to penalize late papers. I am still not altogether happy with my policy and occasional grumbling exists. Nevertheless, I feel confident that the policy is fair and that no one student is being given some benefit or extra time that others are not.

Over a period of time, I also learned (the hard way) that the policy was best committed to writing in order to avoid misunderstandings. The late policy is fully explained in the first class session and is set forth in the syllabus. A paper is “late” and is subject to a penalty if it is not on my desk when I begin the class session. I explain to the students that deadlines are a way of life in the legal profession, and they must begin to learn to complete assignments in a timely manner. I also explain that it is unfair to the majority of students who turn projects in on time if I allow another student extra time to complete an assignment.

Whether you enact such a policy is, of course, entirely discretionary. After years of teaching, I can only say that it has worked well for me, and I believe it has taught the students to work with deadlines.

At one point several years ago, I allowed students to turn in assignments to me via facsimile. This turned out to be a disaster because both my law firm and program office were inundated with assignments (and a jam-up of the fax machine) for several hours

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before a class started. Some instructors allow students to submit assignments via email, and some programs assign email accounts to their instructors for that purpose. Instructors then grade the assignments electronically and “release” the assignments back to the students. New educational software products, such as Blackboard and Canvas, provide easy and convenient ways for instructors to communicate with students, post syllabi and assignments, remind students of deadlines, answer questions, accept, grade, and return assignments, and maintain grade registers.

If you accept assignments by email, you may end up having to print the assignments emailed to you so that you can write your comments on the assignments before returning them to students. Alternatively, students may post their assignments on Blackboard and you can grade them electronically using your redlining or comments features to add your comments electronically.

I would suggest that if you elect to adopt a policy on late papers, enforce it uniformly. Once any exception is made, the integrity of the policy is compromised, and I have steadfastly (although reluctantly) refused to waver, even when presented with notes from doctors, employers, and even a congressman, explaining the situation that caused the delay. Clearly, however, exceptional circumstances may exist, and in the event of hospitalization or a death in the family, the program office has accepted late papers.

Finally, one unexpected benefit of a policy on late papers is that the number of latecomers to class is greatly reduced, thus eliminating distraction both to me and to the TESTBANKSELLER.COM other students.

Learning the Importance of Deadlines: Appeal Rejected As Six Minutes Late In enforcing any policies relating to papers and assignments that are turned in late, it may be helpful to have students read or brief the following case.

In Alva v. Teen Help, 469 F.3d 946 (10th Cir. 2006), the Tenth Circuit Court of Appeals dismissed the plaintiffs’ notice of appeal for lack of jurisdiction. The appeal was filed six minutes late. Although the other party did not object to the late filing, the court noted that plaintiffs’ counsel’s failure to act timely was a jurisdictional defect that could not be excused.

The court stated, “Six minutes seems trivial and unlikely to cause prejudice, but if six minutes can be excused, why not six hours or six days?” Id. at 948 n.4.

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Grading Assignments I try to grade the assignments and return them to the students as soon as possible.

The longer writing projects take a great deal of time to read, however, and these often take two weeks to grade. In any event, I return one big writing project before the next one is due so that if a student is having some particular writing or citation problem, it may be addressed and corrected before the next project is due. As time consuming as it is, try to include comments as well as a grade so students can determine what parts of the project you thought were handled well and what parts showed weakness or lack of clarity.

Assigning grades to the smaller library assignments is fairly easy and straightforward. Each answer will be worth a certain number of points, which may be predetermined by you. These may vary from 10 points allocated for the first one or two assignments, which are very easy, to 30 to 40 to 50 points for the later, more complex assignments. I usually award extra points for answers found in pocket parts or supplements. Thus, if students do not have the right answer because they forgot to examine the pocket part, they are penalized more harshly. The lesson is usually quickly learned, however, and students seldom make the mistake of neglecting the pocket part twice.

Because new pocket parts and supplements are always being added to the sets, it is possible that a student will arrive at an answer different from that shown on my answer key. I explain to the students that it is entirely possible than an answer NpKlySuEnLaw LE they have located is correct anTdEISaT mBsA im arR e. ofCiO t. MThus, if they provide me with some “proof,” usually consisting of a photocopy, scanned image, or cell phone picture of the page of the book from which they obtained their answer, I will give them credit.

Grading the bigger writing projects is considerably more difficult because it is nearly impossible to have a pre-determined point schedule in mind. Most instructors review projects from both a research and a writing perspective so that even if a project is well researched and draws the right conclusions, failure to write clearly or to follow the basic principles of grammar and sentence construction will result in a lower grade.

In many instances, I create a somewhat unusual name for the “parties” in a matter, such as “Dr. Andersen” rather than “Dr. Anderson.” When a misspelling of the party’s name occurs, I automatically deduct five points and remind students that if one misspells the client’s name, it will attract more attention than anything else in a law firm product.

Similarly, using the word “statue” rather than “statute” is an automatic five-point deduction.

On occasion (and with a student’s permission and without identifying the author), I have read aloud sections of projects that were particularly well written so other students can get an idea as to what the better projects were like. The bigger projects are typically worth considerably more points than the library assignments because they require students to exercise both their research and writing skills.

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With regard to citation form in the bigger projects, I usually expect an occasional error in spacing, punctuation, and so forth. On the other hand, if the majority of citations are incorrect, or if the writer never includes the pinpoint cite for a quotation, I usually deduct several points. For the sake of convenience in averaging, I have graded the bigger writing projects in five-point increments (80, 85, 90, and so forth) because this seems to make more sense than a grade of 83 or 92.

Some paralegal programs have grading scales (90 to 100 is an A, and so forth) whereas others allow instructors to determine the scale. If you are allowed discretion in determining the scale, you might consider checking with schools and universities in the area for ideas on setting the scale. I currently follow the guidelines for Georgetown University. Some paralegal programs do not issue grades and the program is Pass/Fail or Pass/Fail/Honors. In many ways, these systems take the pressure off the competitive instincts many students have and allow them to focus more on learning than on collecting points.

Citation Form for Assignments I do not require Bluebook citation form for the early assignments. Although I demonstrate the correct format for cases, statutes, and so forth in the appropriate class and encourage students to begin learning good citation habits, I only require that the students locate the right answer. Deducting points for incorrect citation form so early in the class causes many incorrect answers at a time I am trying to build confidence and Rl.thCoO allow students to have some fT unES inTthBeAlN awKS libErL arL y.EA ugMh each chapter of the text provides examples of citation form for the authorities discussed in that chapter, citation form is not fully analyzed unless Chapter Eight. After I have thoroughly explained citation form in Chapter Eight, I then usually require Bluebook form for answers to assignments thereafter.

Book Crunches One of the difficulties in assigning legal research projects is that many students must use the same sets of books. Often students will neglect to reshelve the books or may even intentionally misshelve books so that latecomers will have a difficult time locating the sources needed to complete their research tasks.

If you are in a locale in which there are several law libraries, students will invariably spread out among these other facilities after the first week or so. Try to encourage the use of other libraries by providing addresses and phone numbers for the other libraries in your area.

If there are fewer libraries in your area, and many students who must complete the same assignment, there will be some book crunches. In such cases, consider the following alternatives:

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•

Books can be placed on reserve. Although placing books on reserve helps alleviate book crunches, it creates artificiality because the point of a research class is to learn to find materials. In “real life” situations, the books needed to complete a research project will never be collected and set aside in one convenient location.

•

Alternate assignments can be given. Half of the students can be given assignment “A” while the other half can be given assignment “B.” This will reduce problems encountered in the library regarding accessibility of books.

The two drawbacks to this alternative are that it requires significant effort on the instructor’s part to draft and then grade two separate assignments, and there will inevitably be some grumbling that the assignment for one group was easier than that for another.

•

Allow students to work in pairs or small groups. Students invariably compare notes and discuss research tips and strategies. In many ways, this brainstorming fosters and stimulates learning. Many instructors encourage this type of collegial attitude because it builds rapport among the students and sets the stage for the sharing of ideas that occurs in law office settings.

Because students will be working with each other anyway, to reduce the problems of unavailability of books, you could consider allowing groups of two or three to work together on an assignment. The disadvantage to this method is that some students may “coast” and allow others to do most of the TESTBANKSELLER.COM work.

•

More time can be allotted for assignments. To spread out the time during which students will be using the books, more time could be allotted to each assignment, perhaps two weeks for each chapter exercise rather than one.

This approach may make life difficult for the instructor, however, because assignments will “pile up,” and the instructor will need to move on to new material without being assured students have mastered previous topics.

Miscellaneous •

Conferences

If possible, you may wish to set aside a class session or two for student conferences. Particularly before a big project is due, students may have the need to meet with you to ask questions and review information. Generally, the last class session before a significant project is due is a convenient time for one-on-one student conferences.

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Drafts

Many instructors have students submit drafts of writing projects before a final project is due. The instructor then makes comments on the drafts, and the students revise

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accordingly and turn in the final project as revised. In many ways, this approach duplicates real-life law office situations in which projects are given to a supervisor who makes comments and editing changes and the paralegal then revises as instructed. The disadvantages are that reviewing drafts leads to additional work for the instructor and “grade creep” because almost all students will receive high grades after following the instructor’s directions. Moreover, it can lead to grumbling among students, who may say, “I did exactly what you told me to do and I only got a B.” Nevertheless, reviewing a draft may be a useful process for at least one project so students can become familiar with your demands and style.

•

Extra Credit

Some instructors allow students to submit additional assignments to receive extra credit and boost their grades. Others believe that allowing students to provide additional assignments penalizes students who worked diligently and conscientiously on the first assignment. Moreover, extra credit assignments take additional time to prepare and then grade. When students have asked me if they can complete extra credit assignments, I usually explain that I do not grade additional assignments for credit, but that I have several older assignments they can complete and turn in to me for correction (but no additional credit) so that they can ensure they have mastered the material.

On the other hand, I have often given an extra credit assignment to an entire class relating to legal research using the Internet, because I want to ensure that students understand the vast array of useful materials available 24/7 on the Internet.

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Mini-Memo

Some instructors assign a “Mini-Memo” to students at the conclusion of the information presented on secondary sources (or at the conclusion of the information presented on citation form and citation validation/updating). This allows a brief glimpse as to students’ writing abilities and also allows students to use all of their research skills to find an answer to a problem. Typically, this memo consists of one fairly straightforward issue and is limited to just a few pages in length. The memo may be “closed,” meaning that you will provide the research sources (either in hard-copy form or by way of list).

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Page Limits

Consider imposing page limits for any bigger project. Otherwise, you may receive 20- and 30-page projects. Courts routinely impose page and word limits, so imposing such limits in class may be good “real life” preparation for students who have difficulty being concise.

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•

Final Projects

If several projects are due for various classes at the end of a semester, creating a crunch and high stress for students, you may wish to consider having students drop their final projects off at your program office, post them in a “digital drop box” or on Blackboard or Canvas, or email them to you several days after the “official” last class.

This allows students a few extra days for preparation of their larger projects, although it reduces the time available for grading to instructors who are often required to submit grades by a certain date. Students can be encouraged to provide a self-addressed and stamped envelope so you can return their projects to them after they are graded (assuming you are not posting your graded papers on Blackboard or Canvas). Students can then revise the project accordingly and use it as a writing sample if a potential employer requires one.

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CHAPTER BY CHAPTER RESOURCE INFORMATION For each of the 19 chapters of Legal Research and Writing for Paralegals (9th ed.

2019), this Manual will address the following topics: • • • •

Chapter Theme Classroom Discussion Approach Assignments (and in-class discussion of assignment approaches) Suggestions for Optional State-Specific Assignments

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Chapter One: Finding the Law

Chapter Theme The focus of Chapter One is to present background information on law libraries and to introduce students to the sources of law and the classification of law books as primary or secondary authorities and to provide an overview of the major law book publishers.

Because students will spend so much time during the course of a legal research and writing class in a law library, they should be given as much information as possible about law libraries in the area. If your program is affiliated with a certain law library or has an arrangement with a specific law library, you may wish to have the law librarian attend the class session discussing Chapter One and provide information about library hours, services, and policies.

An overview of stare decisis will generally stimulate class discussion because the concept of following precedents to promote stability and yet reversing or overruling precedent to accommodate change to meet society's needs is interesting and thought provoking.

A brief introduction to the primary sources (cases, constitutions, statutes, and to a Meeks to come, which will degree, administrative regulatTioEnS s)T“BseAtsNt K heSsEtaLgL e”EfRor.tC heOw then focus specifically on these authorities. Because beginning researchers often place greater emphasis than is wise on secondary sources, emphasis on the binding and mandatory nature of primary sources is useful.

Because many classes that follow the first session will compare features of books published by Thomson Reuters/West (“West”) with those published by others, an introduction to West and other law book publishers is useful. If may be important to point out the evolving landscape of law book publishing as various companies merge with or are acquired by others.

Finally, although Chapter One (and the succeeding chapters) identifies various websites, you may wish to defer discussion of and even discourage use of the Internet for legal research (other than the Internet Assignment questions) at this early stage of the learning process. Many instructors find that once students realize they can locate much information via the Internet, students become reluctant to use the law library and wrongfully assume that the Internet will provide them with all the material they need to perform legal research. The resulting projects written by these students are “flat” and lack analytical depth.

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Classroom Discussion Approach Because the material in Chapter One will likely be presented in your first class session, students may be somewhat hesitant about participating in class discussion. To break the ice, consider spending the first 20 to 30 minutes of class discussing some of the “housekeeping” for the semester. Introduce yourself, give information about the law library, discuss the text, distribute or review the syllabus, review the semester’s schedule, and discuss grading and assignments.

To encourage discussion, you may wish to ask students what law libraries they are familiar with and what their impressions are of other law libraries. To try and get to know the students, you can ask each student to introduce himself or herself. You may ask if any students work in a law firm or law department or have any law-related background. Instructors who teach in large cities often have students in class who have been practicing attorneys in other countries and who wish to take a paralegal course to become familiar with the American legal system. These students often offer interesting comments about their legal systems and traditions, and these comments serve as a springboard for discussing the differences between common law and civil law legal systems.

Students are often eager to discuss the conflicting goals in our legal system of promoting stability and yet fostering needed change. You may wish to discuss recent cases that demonstrate such change and ask for comment and reaction. For example, simply asking for students’ “gTuE tS reT acBtiA onNsK ”S toEtL heL2E0R 01.dCeOciMsion by the United States Supreme Court allowing disabled golfer Casey Martin to use a golf cart while playing in PGA sponsored events or to the 2015 case Obergefell v. Hodges, 135 S. Ct. 2584, 192 L. Ed. 2d 609 (2015), in which the Supreme Court held that the right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the Fourteenth Amendment couples of the same-sex may not be deprived of that right and that liberty. Students may also be interested in discussing Frontiero v. Richardson, 411 U.S. 677 (1973), the case argued by Ruth Bader Ginsburg for the ACLU relating to discrimination on the basis of sex and which was discussed in the 2018 documentary “RBG.” Assignments The first library assignment is designed for one purpose: to get students into a law library so they can readily find legal authorities if proper citations are given. Almost all of the students will get all of the answers correct on the assignment for Chapter One, and this will build confidence. You will need to demonstrate the components of a citation, so that students understand that a case citation is always made up of several “standard” elements, such as a volume number, the name of a set, the page on which the case begins, and the date of the decision.

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You may wish to substitute some questions requiring students to look at cases from your jurisdiction for some of the questions relating to cases decided by the United States Supreme Court.

The Internet Assignment questions are designed to show students the breadth of information they may obtain by using the Internet and to illustrate how easy it is for them to locate the nearest federal depository library, to find the definition of a legal term, to access research guides, and so forth.

Optional State-Specific Assignment Ask students to identify the nearest federal depository library in your locality.

The answer should be available through http://www.fdlp.gov/about-the-fdlp/federaldepository-libraries.

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Chapter Two: The Federal and State Court Systems Chapter Theme Chapter Two focuses on the federal and state court systems. Most students are unfamiliar with the organization of the federal courts. Once they understand the structure of the federal court system, they will be better able to evaluate cases they read, realizing that cases decided by any of the United States district courts are trial court cases, while cases decided by the United States courts of appeal are appellate court cases entitled to greater weight than trial court decisions.

Introductory information regarding federal court jurisdiction is provided.

Although students will likely receive much more detailed information on this topic in their civil litigation or civil procedure class, a brief introduction may be helpful.

Moreover, there may be some students who are taking only isolated or select courses, and this may be the only information they receive relating to this topic.

Classroom Discussion Approach Students typically enjoy learning about the federal court structure and are particularly interested in the United States Supreme Court.

Students who work in or have worked in law offices may wish to discuss projects they have worked on, the proT ceE ssSoTf B apApNeaKliSnE gL aL caEseR,.oC r tO hM e lengths of time and costs involved in taking a case to an appellate court.

Some students may have participated in small claims court actions as litigants and are often eager to share their experiences. Some may have prevailed as plaintiffs and yet been unable to recover a judgment from a “judgment proof” defendant and may wish to discuss how they attempted to collect a judgment. The topic “how many appeals are necessary to ensure justice is done?” stimulates enthusiastic discussion.

Individuals who have worked in a court clerk’s office or at a courthouse may participate by describing their duties and how these have changed to keep up with increasing litigation. Ask students what suggestions they have to reduce the caseload of courts or to expedite the appeals process. Should the function of granting “cert” be handled by another court? Should more specialized courts be established to serve as courts of last resort for certain matters, such as labor law cases, education cases, or social security cases?

Discuss the results of the first assignment and remind students that court reports are more than mere collections of cases as decided by courts. The books provide numerous helpful features, including tables of cases, names of counsel, and so forth.

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Assignments The second library assignment is straightforward and should be easy to complete.

Students are directed to the sets of books that include decisions from each of the federal courts. You will need to demonstrate the citation abbreviations for Federal Supplement and Federal Reporter.

The intent of the assignment is to ensure students automatically make the mental connection between the name of a set of books and where the cases in that set fit into a court structure. The goal is for a student to see a citation to “F. Supp.” and then immediately think, “trial case, lowest court in the federal system,” so that citations and annotations to cases are not read merely as references to cases, but are read for context, enabling students to make informed decisions as to which cases to retrieve and read.

You may wish to add a few cases from your state and those from other states as well so students can get a glimpse as to how state court cases are published.

The Internet Assignment exercise for this chapter is designed to show students the vast amount of information available at their fingertips, including court addresses, court structures, and the like.

Discussion of Assignment In reviewing the librarTyEaS ssT igBnA mN enKt S foErLCL haEpRte.r C TO wM o, note that a “trick” question was included, asking students to identify the acting Solicitor General of the United States at the time a case was decided. This information is listed in the front of the volume of United States Reports. Although Neal Kumar Katyal had been the Acting Solicitor General, he resigned effective June 9, 2011 and Mr. Verrilli became Solicitor General effective June 9, 2008. The J. McIntyre Machinery case was decided on June 27, 2011, the day Mr. Verrilli was presented to the Court. Students must note this information (provided by an asterisk reference) and then compare the date of decision with the date of presentation to the Court.

Many students get the answer to this question incorrect, setting the stage for a discussion as to the importance of every word, punctuation mark, and asterisk in legal materials and the need to be very detailed. This “trick” question may teach students the need for careful examination of legal materials and the dangers of rushing through the information.

Optional State-Specific Assignments Ask students to prepare a diagram of the court structure in your state or to determine how many justices sit on your state’s highest court. Answers will be found at http://www.courtstatistics.org/other-pages/state_court_structure_charts.aspx or through www.washlaw.edu. Alternatively, ask students to obtain the name, telephone number,

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and address for the clerk of your U.S. District Court. Answers will be found at http://www.uscourts.gov.

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Chapter Three: Statutory Law Chapter Theme The focus of Chapter Three is on the procedure by which statutes are enacted, the publication of statutes, and the research techniques used to locate statutes. Just as most students are unfamiliar with the structure of the federal and state court systems, most students benefit from a refresher relating to the process of lawmaking. This process ties into the information relating to legislative history discussed later in Chapter Ten. Once students are reintroduced to the procedure by which laws are enacted, they will be ready to learn about the publication of statutes and the advantages of annotated codes. After a discussion of the features of the annotated codes, students will be ready to use these features to locate statutes.

Because a discussion of the process of enacting, publishing, and locating statutes for each state is beyond the scope of the text, the emphasis of Chapter Three is on federal statutes. Moreover, because the procedure of enacting, publishing, and locating state statutes is nearly identical to that for federal statutes, less time can be devoted to state statutes.

Classroom Discussion Approach Some students may haTvE eS beTeB nA inNvK olS veEdLtoLE soR m.eCdO egMree in the legislative process and may be eager to discuss their experiences. Some may have worked as interns or staffers for legislative representatives or committees. Some may be aware of private legislation. Some may have contacted legislative representatives to ask for copies of bills or some other assistance.

Students sometimes have difficulty in understanding the fact that U.S.C.A. and U.S.C.S. are competitive sets and that ordinarily one conducting research would use one set or the other, but not both. Moreover, most law firms can only afford to buy one set.

Consider refraining from giving an opinion as to your preference for which set to use.

Stress that the assignment for statutes will require students to look at both U.S.C.A. and U.S.C.S. and that the following class session will include a discussion of the students' preferences after using both sets.

To stimulate discussion, ask students why an annotated version of a code would be more helpful than an unannotated version. Ask when an unannotated version might be consulted (for example, to obtain a quick answer to a straightforward question, such as how many extra days a party has to answer interrogatories if the interrogatories are served by mail). Ask the names of the two legislative bodies in your state. (Note that Nebraska has a one-body legislature.) Discuss some legislation of general interest for which committee hearings are ongoing or which may be in conference. Encourage students to access the home pages of the U.S. Senate and House of Representatives or to

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access Congress.gov (https://www.congress.gov) to locate information about pending and enacted legislation.

Assignments The library assignment for Chapter Three is the first true research assignment in that it requires students to locate the answers to certain questions with little or no guidance. Students are directed to use U.S.C.A. and U.S.C.S. so they can begin to appreciate both the differences and the similarities between the two sets. When instructed to use a specific set, students should do so because there is no assurance the answer can be located elsewhere.

Questions are phrased so that students will be readily able to identify whether they have found the correct answer. For example, if a question asks whether under the Eighth Amendment (relating to “Prison Conditions”), do instances in which an inmate discovered insects, specifically, two cockroaches, in his food establish an Eighth Amendment violation, the annotation and correct answer will use language nearly as identical as possible to the question.

The assignment requires students to use pocket parts to locate some answers.

Consider awarding an extra point or two for answers located in pocket parts. Those who forget to review the pocket parts and are penalized for it seldom make the same mistake twice.

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You may wish to add or substitute a few questions requiring students to use the code from your state so they become familiar with its organization, indexing, and features.

The questions asked in the Internet Assignment require students to use the Internet to obtain information about the U.S. Congress and representatives and to locate legislation through Congress.gov. As noted earlier, once students discover they can locate statutes on the Internet (especially through the use of GovInfo), they may become reluctant to use the law library, so a word of caution may be in order so they understand that effective researchers use both conventional print sources and digital sources to help clients.

Discussion of Assignment In reviewing the library assignment for Chapter Three, you may wish to note that this assignment is very difficult and approximates the level of difficulty one may encounter in “real life” research situations when one researches statutes. Ask which annotated set students prefer (U.S.C.A. or U.S.C.S.) and ask if they can articulate a reason why. Remind students that some answers could only be found by using a pocket part. Ask which questions were particularly difficult and whether any students developed any strategies for finding statutes more easily.

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Optional State-Specific Assignments Ask students to locate the particular statute in your state for the following: • • •

Bringing an action for breach of a written contract; The duration of protection for a state trademark (note that the District of Columbia has no trademark laws; all 50 states, however, have their own trademark statutes); or The elements of a certificate of limited partnership.

Answers can be found on Lexis Advance or Westlaw by using the “50 State Survey” feature or by using standard research techniques.

An Idea for Creating State-Specific Assignments for Statutory Research Use Westlaw’s or Lexis Advance’s “50 State Survey” tool to create research questions that are geared to your state.

For example, require your students to find the answers to the following questions: • • • •

Does our state allow drug testing by companies for their TESTBANKSELLER.COM prospective employees?

In our state, is there a requirement that an heir survive a decedent who dies intestate (without a will) for a certain period of time? If so, what is the time period?

How is stalking defined in our state?

What is the period of residency before a dissolution of a marriage may be obtained in our state?

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Chapter Four: Case Law and Judicial Opinions Chapter Theme Chapter Four introduces students to case law. Students will learn that not all cases are published and that the cases that are published share certain features. You may wish to show how these elements appear in the case reports by showing an old advance sheet to the students or by reviewing the case reproduced in Chapter Four of the text.

Reviewing actual published cases is especially helpful to show how to locate pertinent portions of cases using headnotes.

Students often have a bit of difficulty understanding the designation of cases as “official” and “unofficial,” and explaining this may require a comparison of a case in an official set with its publication by West in a regional reporter.

After the publication of state cases is discussed and students are familiar with the framework and units of West’s National Reporter System, the publication of federal cases is discussed.

Star paging is explained so students will know how to convert citations and page references in Supreme Court Reporter and Lawyers’ Edition to citations to the United States Reports, to comply with Bluebook citation rules. Note: This is also helpful because star paging is used on Lexis Advance) and Westlaw screens to show readers when page TESTBANKSELLER.COM breaks occur.

Students are introduced to the features included in West’s sets of books so they may readily use the Table of Cases or list of judges covered by the courts in that volume.

Finally, once students are thoroughly familiar with how and where cases are published and the elements of reported decisions, case briefing is explained.

Classroom Discussion Approach Ask students why or when a dissent or concurring opinion may be issued. You may consider discussing the current trend of U.S. Supreme Court justices to issue more concurring opinions than in previous years and ask what reasons students can think of why this has occurred. The “fractured” nature of the United States Supreme Court opinion in 2000 in Bush v. Gore may provide a good “jumping off” point for this discussion. Similarly, the 2013 U.S. Supreme Court case interpreting the Voting Rights Act of 1965 and holding Section 4 of the Act unconstitutional, Shelby County v. Holder, available at http://www.supremecourt.gov/opinions/12pdf/12-96_6k47.pdf, is useful for showing the numerous “alignments” on the Court. The blog SCOTUSblog (http://www.scotusblog.com) has useful statistics on Supreme Court alignments, dissents, and concurrences. Select “Statistics” or “Stat Pack.”

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Discuss the policy reasons underlying Federal Rule of Appellate Procedure 32.1 and why trial court decisions are rarely published.

Discuss the differing writing styles seen in cases, from the flowery and archaic styles of some writers to the terse and spare approach of others. Ask students if they have any tips to offer on reading and comprehending cases, and stress how the features provided by the publishers (case synopsis/background, headnotes, and so forth) make reading cases somewhat easier.

Discuss the enhanced access of the public to cases now available on the Internet, and discuss the effect of such ready availability on the public’s understanding of our legal system in general and on law book publishing. If cases are available on the Internet, for free, why should law firms spend money to buy a set of case reports?

Assignments The end-of-chapter assignments for Chapter Four include a library assignment designed to require students to locate and use the features seen in case reports (such as the Table of Words and Phrases, star paging, and so forth) as well as a case brief. The library assignment for this chapter is considerably less demanding than the assignment for statutory research given in Chapter Three because it is designed merely to familiarize students with the elements of cases and the features found in books reporting cases.

AcNluKdSeE While a citation to aTcaEsS eT isBin d Lf oLr Et hRe.cCa sOeMb r i e f (United States v. Jones) ), and a sample brief for the case is included in the Answer Key section of this Manual, feel free to substitute some other case, if desired. The case identified in the text (United States v. Jones)) is relatively short, involves an interesting issue relating to whether installing at GPS device on a car is a “search” within the meaning of the Fourth Amendment. The briefs of this case should enable you to obtain a snapshot of your students’ writing abilities that you have not been able to see from the library assignments previously given. The case may provide an excellent topic for discussion and students are typically enthusiastic about discussing this case in the class after they have read and briefed it.

Tip for Finding Cases to Brief Remember that if you would like some interesting and quirky cases that you could assign to your students to brief, subscribe to “West’s Headnote of the Day,” at http://blog.legalsolutions.thomsonreuters.com/category/legalresearch/headnote-of-the-day.

Every day you will be emailed a headnote from an interesting, amusing, or profound case. You will be given the full citation to the case.

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Suggestion for Oral Presentation: As a break from written assignments, you may wish to break students into two groups, one of which will argue FOR the use and citation of unpublished cases, and the other of which will argue AGAINST the use and citation of unpublished cases. Students may work in groups and make oral presentations in class.

The Internet Assignment questions demonstrate how students may locate court opinions and court statistics on the Internet. The Internet Assignment also includes a question requiring students to access Google’s service “Google Scholar,” which allows easy access to cases and also allows one to determine how many later cases cite the cases one finds.

Discussion of Assignments Review the library assignment and case brief for Chapter Four. Most students do very well on the library assignment for Chapter Four because it is straightforward. Point out any common errors made by students in the case briefs and consider asking students to discuss some of the policy reasons underlying the United States v. Jones case.

Optional State-Specific Assignments Ask students to locate a recent case from your state’s judicial website (assuming your jurisdiction posts its cases on a judicial website). Links to state judicial websites are Ra.sC found in Table T.1.3 of The BTluEeS boToB kA anNdKtS hrE ouLgLhEW hbOuM rn University School of Law at http://www.washlaw.edu. Alternatively, use a recent advance sheet from the regional reporter covering your state (for example, use the Pacific Reporter, Third Series for Nevada) and ask students to find a case in that volume by the defendant’s name or to find a case in that volume that interprets a specific statute from your state.

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Chapter Five: Locating Cases Through Digests, Annotated Law Reports, and Words and Phrases Chapter Theme Chapter Five completes the discussion of primary authorities by describing the use of digests, which are used to find cases. Additionally, students are introduced to A.L.R., which forms a bridge between the primary authorities (in that it publishes cases, or did so until 2015) and the secondary authorities (in that it publishes comment about those cases). Finally, a description of West’s set Words and Phrases is included. This set also helps locate cases – specifically, cases providing judicial definition or interpretation of certain words or phrases.

I have found that explaining the format and use of digests is somewhat difficult.

If at all possible, try to obtain an old copy of an advance sheet for a state or regional digest because its digest entries may help in the explanation process. More than almost any other topic, students will learn the most about digests by examining them in the course of doing the assignment for this chapter. Once the students have actually examined the digests, they will readily be able to understand their use and value.

Consider focusing on the most comprehensive digest set, the American Digest (or Decennial) System. Once students understand how this set works, they will easily be BaAllNerKsStaEteL-sLpEecRif.icC, Oc oMu r t - specific, or regional digest able to comprehend any of WT esEt’Ss T sm sets because they are all organized the same way.

A.L.R. is a much easier set of books to understand because there is a conventional index to the set that is used similarly to other indexes. The section on A.L.R. is also related to the discussion in Chapter Six on encyclopedias because the encyclopedias routinely provide references in their footnotes to A.L.R. annotations. Similarly, when one KeyCites a case, KeyCite will provide a reference to any A.L.R. annotation mentioning the case. You may wish to note the somewhat odd method of updating annotations contained in A.L.R. and A.L.R.2d, namely, the requirement of using a separate source rather than a pocket part to update the material in the main volumes.

Words and Phrases is also easily understood because it is as easy to use as any dictionary. Note that the assignment requires use of the pocket part in Words and Phrases in addition to the main volume.

Classroom Discussion Approach Students usually have several questions regarding the use of digests, and I have found that they do not fully understand the use of digests until almost all of the material is presented. This material often seems to be bit like a puzzle, and the picture is not clear until the last piece is placed into the puzzle.

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You might consider stressing that A.L.R. annotations are like finding “free research.” If an annotation has been written about a topic, it will usually provide a complete analysis of that topic, enabling a researcher to obtain a thorough overview of an issue in one source.

To stimulate discussion, ask: • In what circumstances would a researcher use the American Digest System rather than a state-specific or regional digest?

• Are print digests obsolete now that it is so easy to search for cases using Lexis Advance, Westlaw, and the Internet?

• When would the use of Words and Phrases be indicated?

• How often would one review an annotation in A.L.R. or A.L.R.2d (the earlier sets)?

• Why is it necessary to update annotations appearing in A.L.R. or A.L.R.2d?

Assignments The library assignment for Chapter Five requires students to use several types of digests: the American Digest System, a regional digest, and jurisdiction-specific digests.

You may wish to require use of the digest from your state. The questions range from the easy (“Under which topic and key numbers is the case Ramsburg v. Target Stores, Inc. digested?”) to the more complex (“Which topic and key number discuss authority of a trial court to order a physical T exEaS mTiB nA aN diK voSrE ceLpLroEcRee.dC inOgM?”).

The questions relating to A.L.R. are somewhat difficult and students are required to update the answers found by using pocket parts.

Although there is only one question requiring the use of Words and Phrases, it also requires students to use the pocket part, reinforcing the rule that if a volume includes a pocket part, it must be examined.

Because the sets mentioned in Chapter Five are not available on the Internet, the Internet Assignment questions require students to access West’s website and retrieve information about one of the digests discussed in the chapter. Familiarity with this information may be helpful to paralegals in employment settings because they may well be required to assist law librarians or work with Thomson Reuters/West representatives.

Reviewing various law library “Research Guides” should also be helpful for students who may need extra help in understanding the use and value of digests and A.L.R. Discussion of Assignment Review the research assignment for Chapter Five, and discuss the organization and use of digests. Ask students if any difficulties were encountered using A.L.R. or Words and Phrases. Consider noting that the assignment requires the use of both the

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main volume and the pocket part of Words and Phrases and that if students failed to use the pocket part for the set, they will not obtain all the points available for this assignment.

Optional State-Specific Assignment Have students use their research skills to locate the following A.L.R. Annotation: William M. Howard, J.D., Annotation, First Amendment Challenges to Display of Religious Symbols on Public Property, 107 A.L.R.5th 1 (2003), and then locate the most recent case from your jurisdiction (or your circuit) that is cited in the A.L.R. annotation.

This annotation is 130 pages long, and numerous cases are cited in it (although not every jurisdiction’s cases are cited). Alternatively, students can locate the following A.L.R. Annotation: Tracy A. Bateman, Nuisance as Entitling Owner or Occupant of Real Estate to Recover Damages for Personal Inconvenience, Discomfort, Annoyance, Anguish, or Sickness, Distinct from, or in Addition to, Damages for Depreciation in Value of Property or its Use, 25 A.L.R.5th 568, which is also quite long and cites cases from numerous states.

Note to Instructors About Accessibility of Digests: My “home” law library, Georgetown Law Library, is a large, well-staffed law library; yet even it has ceased updating its Decennials. You may encounter the same problem in that some of the books students are required to use for the assignment for Chapter Five are not available. Thus, the assignment for Chapter Five relies a bit more on digests that most law libraries include, such as the Federal PTraEc S t icTeBDAigNeKstSs.ELLER.COM

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Chapter Six: Encyclopedias, Periodicals, Treatises, and Restatements Chapter Theme Chapter Six introduces students to the four best-known secondary authorities: encyclopedias, periodicals, treatises, and Restatements. Most of these sets are easy to use because they are accessed by alphabetically arranged indexes either contained within the set itself (such as the indexes to the encyclopedias) or separately published indexes (such as those for legal periodicals).

Remind students to use encyclopedias not only for general information about a research problem but as a backup for their other classes. For example, if a student is having difficulty understanding concepts such as venue or promissory estoppel in other classes, or has missed a crucial class, he or she should use an encyclopedia to gain additional information about class topics.

Consider bringing to class an issue of a periodical from a bar association to which you belong so you can illustrate the sophistication of some of the periodicals. Their practicality is easily contrasted with the academic nature of law reviews. Some law libraries will give you the older, soft-cover law reviews when they are replaced by hardback volumes. If you belong to any specialized legal associations or subscribe to any legal newspapers, bring some issues of their publications to class. Discuss whether the use of print indexes to locate periodicals is now obsolete and whether the use of electronic indexes (or Lexis ATdEvS anTcB eA a nNd KWSeEs tLl aLwE) Rt o.fCi nOd Mp eri odi cal articles has completely displaced the print indexes.

Students may already be familiar with some treatises from other classes they are taking. These texts are easy to describe and use and should present little difficulty.

The Restatements, on the other hand, are often a bit more difficult for students to understand, and their indexes can be hard to use. Students taking a torts class will perhaps be familiar with the Restatement (Second) of Torts and will be able to appreciate the function and value of the Restatements.

Perhaps the most critical thing for students to understand about these secondary sources is that no matter how reputable a secondary authority is, it is never binding on a court, and thus students should let the secondary authorities direct them to the primary authorities, which, if on point, must be followed.

Classroom Discussion Approach So that students can determine which secondary sources should be consulted in the course of a research task, ask the following questions:

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• • • • •

When would an encyclopedia be consulted? How would a court or adversary view a brief containing only references to encyclopedias and no citations to cases or statutes?

Why do individuals publish articles in law reviews and journals? Are some law reviews more respected than others? Why? Why do individuals publish articles in bar association or other association journals? Would a reader expect an in-depth treatment of a topic in a bar association publication? Why or why not?

How does an author of a treatise (such as Prosser) develop a reputation? How is a beginning researcher to know which treatises are viewed favorably by courts?

Why do courts cite the Restatements? What does this indicate about the effect and value of the Restatements?

Remind students that although many articles and periodicals can be found on the Internet, it may be difficult to determine the credibility of the article or author, unless the article found on the Internet is a digital reproduction of one found in a well-known law review or journal (or is perhaps provided by a law firm on its website). Moreover, articles found on the Internet cannot easily be updated (the way law review articles can be easily updated by Shepardizing or KeyCiting).

Assignments The library assignmenTt E foSr T CB haApN teK rS SiE xL reLqE uiR re.s Cs tOu dMe n t s to use both C.J.S. and Am. Jur. 2d. By using both sets, students will be able to see the more thorough and comprehensive references to cases found in the footnotes in C.J.S. You may wish to include questions requiring students to use a local encyclopedia if one is published for your state.

Caveat to instructors: Although my “home” law library is quite large, it has stopped subscribing to the print indexes for periodicals. This is the case at most law schools (because law schools now provide their students with access to the electronic indexes). Thus, the questions in Chapter Six relating to law reviews simply ask students to locate two law review articles by citation.

The questions relating to treatises focus on two well-known treatises that researchers are likely to encounter. Only a few questions are included for the Restatement (Third) of Trusts because researchers are more commonly directed to Restatement sections by other authorities in the course of their research efforts rather than initiating research in the Restatements themselves.

The questions asked in the Internet Assignment exercise are designed to demonstrate the ease of finding academic information (namely, law journal articles) on the Internet and to demonstrate how often periodicals are cited.

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Discussion of Assignment When reviewing the library research assignment for the chapter, ask students which sets of books they found easy to use and which seemed more difficult to access.

Ask for comments comparing and contrasting the various indexes students have seen in the course of their research efforts thus far. Discuss the fact that many of the cases one is referred to by the encyclopedias are “old.” Discuss the relatively “worn out” look of many of the Restatements and the somewhat difficult-to-use Restatement indexes.

Discuss why law reviews from schools such as Harvard, Yale, and Columbia are the most frequently cited law reviews.

Optional State-Specific Research Assignments Ask students to review a specific Restatement section and determine the most recent case from your jurisdiction to interpret this section. Use a well-known and commonly cited Restatement section, such as Restatement (Second) of Torts § 7, which sets forth an actor’s duty of due care.

Ask students to locate a recent attorney general opinion from your state. You will be able to use Lexis Advance or Westlaw to determine a citation to a recent attorney general opinion.

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Chapter Seven: Miscellaneous Secondary Authorities Chapter Theme The focus of Chapter Seven is on the less well-known secondary sources, such as 3333opinions of the attorneys general, law directories, and jury instructions.

If students are taking other courses in addition to Legal Research and Writing (for example, Civil Procedure or Litigation classes), they may be familiar with some books, such as form books or jury instructions. Students often fail to appreciate, however, that such books can be used for legal research purposes. For example, both form books and books containing jury instructions will include the elements of causes of action. These books are often annotated as well so researchers can easily locate cases through these sets.

Uniform laws, when adopted, have the effect of statutes; until adoption, however, they are secondary sources and are thus discussed in this chapter relating to various secondary sources.

At the conclusion of this chapter, students will have been introduced to all of the sets of books they will need to know in order to perform most research tasks. The section on looseleaf services in Chapter Seven is related to the discussion on administrative law legal research found in Chapter Ten.

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Classroom Discussion Approach Ask students if they have used any form books. Discuss how and when to make modifications to forms so they fit the particular circumstances of a case.

You may wish to comment upon Martindale-Hubbell’s practice of rating attorneys and law firms according to legal ability and ethics. Discuss the use of Martindale-Hubbell in connection with job hunting and how to target a resume to the best individual in a firm or legal department, for example, to a fellow alum of one’s college or to an individual who belongs to a common association. Discuss whether MartindaleHubbell will be ultimately supplanted by law firm websites.

Note the proliferation of legal directories (including www.martindale.com) on the Internet, providing students with easy access to information about attorneys, law firms, and legal departments.

Assignments The library research assignment for Chapter Seven is designed to introduce students to the features of the less frequently used secondary sources. In-depth analysis of the books is not intended. An overview of the variety of information to be gained from these sets is the goal so students will have some passing familiarity with these books.

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You may wish to substitute questions from form books or jury instructions for your state if they exist. If students are taking other courses, such as Securities Regulation or Labor Law at the same time they are taking Legal Research and Writing, you may want to have students review looseleaf services relating to these topics.

The questions posed in the Internet Assignment section demonstrate the ease of finding definitions, attorneys, uniform laws, forms, jury instructions, and other practical and useful information on the Internet.

Optional State-Specific Assignments • •

Ask students to use Martindale-Hubbell or www.martindale.com to locate the address and telephone number of an attorney you know in your jurisdiction.

Ask students to locate a recent attorney general opinion from your state.

You will be able to use Lexis Advance or Westlaw (or the Internet – starting with www.washlaw.edu and then selecting your state) to determine a citation to a recent attorney general opinion.

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Chapter Eight: Legal Citation Form Chapter Theme Chapter Eight introduces citation form. Because students have previously been introduced to the primary and secondary sources, discussion of how to cite these authorities will fit into an already established framework.

Citation form is hard work. There is really no way to learn it other than to become familiar with the organization and quirks of Bluebook rules and to keep working at it.

Consider advising students to read the first 35 pages or so of The Bluebook simply to obtain some insight into the way this citation guide is organized and presents its material.

Putting citation examples on a blackboard or overhead projector (or using handouts or PowerPoints) is useful for demonstration purposes. Although I usually devote nearly three hours to citation form, I point out that students will be expected to know how to use the Bluebook on the job and that it is impossible to discuss in class every citation problem that may occur. Paralegals are often “on their own” in performing cite-checking assignments, and thus the sooner they learn to rely on The Bluebook and understand where needed information will be located, the better they will be able to TESTBANKSELLER.COM perform.

Note that this chapter on citation form does not discuss ALWD (except in a cursory fashion). Because ALWD’s fifth and sixth editions are nearly identical to The Bluebook for nearly all citation formats, the extensive discussion of ALWD provided in previous editions of the text has been omitted.

Classroom Discussion Approach Perhaps the most critical thing students need to know about The Bluebook is that the majority of examples in it show citation form for law review articles. Because paralegals rarely perform cite-checking for law review articles and primarily perform this task for court documents and memoranda, they must understand the differences in typeface conventions for these different purposes. Thus, a thorough understanding of Rule B2 of The Bluebook’s Bluepages will be helpful.

Another item worth discussing is the effect of court rules or even the idiosyncrasies of various legal writers on citation format. For example, many jurisdictions require (and many attorneys prefer) some citation form other than that shown in The Bluebook. Ask students what other citation forms they have seen. Be familiar with local rules, if any, relating to citation form so you can provide this information to students.

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Discuss the various software programs that enable researchers to check some elements of citation form (accuracy of pages, dates, volumes, and so forth) in documents.

Discuss why a uniform system of citation is important and what poor citation form says about the author of a project. Consider comparing errors in citation form to spelling errors. Although readers may understand a misspelled word, spelling errors obstruct clarity and generally cause the reader to think poorly of the author.

Consider reviewing various law review articles about citation form. For example, an excellent article on legal citation form (and arguing in favor of neutral citation form) is the following: Cite Unseen: How Neutral Citation and America's Law Schools Can Cure Our Strange Devotion to Bibliographical Orthodoxy and the Constriction of Open and Equal Access to the Law by Ian Gallacher of Syracuse University College of Law. Access http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=514079 to review/download this article.

Consider reviewing and discussing materials about the problem of “link rot.” For example, the excellent article Perma: Scoping and Addressing the Problem, of Link and Reference Rot in Legal Citations is available at this site: http://harvardlawreview.org/2014/03/perma-scoping-and-addressing-the-problem-of-linkand-reference-rot-in-legal-citations.

Similarly, the article Something Rotten in the State of Legal Citation: The Life CoOnMtaining an Internet Link Span of a United States SupreTmEeSCToB urAt N LeKgS alECLiL taE tiR on.C (1996-2010) can be found here: http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1085&context=yjolt These last two articles provide an interesting “jumping off” place for a discussion about the effect of these disappearing websites on stare decisis.

Assignments The assignments for this chapter require students to correct citations according to the rules of The Bluebook. I have found that many students perform quite poorly on these assignments, even when nearly identical examples are shown in The Bluebook, in class, or in the text. This may result from an inattention to detail and a reluctance to devote the time and effort needed to perform the difficult task of cite-checking.

In grading these assignments, consider whether you will mark the entire answer incorrect if any portion of it is incorrect or whether you will allocate points to various segments of a citation. Many instructors prefer to mark the entire answer incorrect if any portion of it is incorrect because it is nearly impossible to apportion points for giving the correct case name, underscoring/italicizing it, following it with a comma, including the proper abbreviations, showing the correct spacing, and providing the correct parenthetical. Although this approach is strict, it does approximate “real life” and

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conveys the following two messages to students: citations are either right or they are wrong – there is no middle ground; and citation form is important.

The citations in the assignments to be corrected are fictitious. Students will be able to complete these assignments without going to the law library. You may wish to decide whether all assignments subsequent to these must reflect proper Bluebook citation form.

I have found that there is no significant difference in class grades when the citation form assignments are done in class or when they are given as “take home” assignments. There are advantages and disadvantages to each method: If the exercises are to be completed in class, some students will invariably forget to bring their Bluebooks that day and are at a disadvantage; if the exercises are “take home,” some students will lack the confidence to complete them on their own and will rely on the assistance of others.

Once you have corrected the citation form assignments, consider putting the correct answers on the blackboard or using an overhead projector or laptop and screen in your next class so that students can easily see what mistakes they made and ask questions. Reviewing the answers one by one will reinforce citation rules.

The Internet Assignment exercises in this chapter are designed to allow students to become familiar with the websites for The Bluebook, The Indigo Book, and Professor Peter Martin’s helpful websit T eE onScTitB atA ioNnKfoSrE mLbL ecEaR us.eCthOeM se sites will be useful to them once they are employed.

Optional State-Specific Assignment Make up several incorrect citations from your state, and ask students to put them in correct citation form, using The Bluebook. For example, consider the following questions, and modify as needed: 1. Tina Harris vs. Daniel Matthews, a 2008 case from the highest court in our jurisdiction, which is being cited in a memo in a law firm.

2. Lisa Simpson v. Rafael Ruiz, a 1936 case from the highest court in our jurisdiction, which is being cited in a brief submitted to a court that requires parallel citations. [Note: The year of decision of this case is quite old because for many states, it is no longer possible to give parallel citations because the state no longer publishes officially. As of 1936, however, most states were still publishing officially and students will be able to give parallel citations.]

3. Section xxxx of our state’s annotated [Evidence] code.

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Tips on Teaching Citation Form There’s an excellent article about using game show formats to teach citation form. The article is titled Bluebook Madness: How to Have Fun Teaching Citation and it might be accessible at West’s website http://info.legalsolutions.thomsonreuters.com/signup/newsletters/perspec tives. It is located in Volume 16 of Perspectives, pages 40-43. Its authors are Naomi Harlin Goodno and Marci L. Smith.

ALWD’s website previously offered some excellent resources for both students and instructors, including a Jeopardy-type citation game.

Although these resources are no longer available on the website, you may be able to create your own citation games to make teaching this part of the course a bit more enjoyable for students.

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Chapter Nine: Updating and Validating Your Research Chapter Theme Notes to instructors: • Because nearly all law libraries have discontinued their subscriptions to the print volumes of Shepard’s, you may not be able to assign an assignment that requires students to Shepardize using conventional print sources rather than to update online using Lexis or Westlaw. In fact, my “home” law library has discontinued subscriptions to Shepard’s in print. Thus, the assignment given requiring students to use the print volumes of Shepard’s is found in Chapter Nine and can be done using Figure A-1 in Appendix A. Although case updating and validating can be explained in a narrative form, as in Appendix A of the text, an actual demonstration of the techniques of Shepardizing and KeyCiting is worth the proverbial one thousand words. If at all possible, try to obtain an old copy of a Shepard’s advance sheet so you can show students how to look for volume and page numbers when Shepardizing the old-fashioned way, namely, using books.

To demonstrate Shepardizing online or KeyCiting, it may be possible to use computer facilities at your school or law library, or, alternatively, representatives of Lexis Advance and West may be willing to come to class to demonstrate their products. Students may be able to use their laptops for an in-class tutorial.

SiEtiL Like star paging, ShepTaE rdSizTinBgA /KNeK yC ngLiE sR on.eCoOf M t hose tasks that if students think they understand it while in class, they will easily be able to perform it once they have the pertinent books or computers at hand. Similar to star paging, Shepardizing and KeyCiting are entirely self-correcting. Recommend that students who are unsure they are updating correctly locate the actual citations to which Shepard’s or KeyCite refers them, so they can verify that their updating techniques are accurate.

Remind students that Shepardizing manually (using actual print materials) is a thing of the past. Few, if any, law firms subscribe to Shepard’s in print form, and all legal professionals in such an office will Shepardize/KeyCite online. The advancements in software programs that automatically extract citations from a document and then print the results of updating make learning to Shepardize manually nearly a relic.

Nevertheless, learning to Shepardize manually teaches students what signals to look for, the significance of the treatment of a case, and provides a solid foundation for Shepardizing online or KeyCiting.

Classroom Discussion Approach Ask students what advantages there are in Shepardizing/KeyCiting early in the research process. What are the risks of Shepardizing/KeyCiting the day before a brief must be filed? In what ways can Shepard’s/KeyCite serve as research tools?

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Discuss the duty to Shepardize/KeyCite all primary authorities and the effect of a failure to Shepardize.

Discuss the advantages and disadvantages of Shepardizing manually as opposed to Shepardizing online or KeyCiting.

You can ask students to take one of the online “classes” offered by Lexis Advance on the technique of Shepardizing, or you may be able to locate one of the classes that is scheduled during your class time. The following Lexis Advance website offers excellent information on Shepardizing as well as the opportunity to select and schedule a training session: https://www.lexisnexis.com/en-us/support/lexis-advance/shepards.page Alternatively, if your program uses Blackboard or a similar tool, post links to the Shepardizing and KeyCiting marketing and training materials offered by Lexis (https://www.lexisnexis.com/en-us/support/lexis-advance/shepards.page) and Westlaw (https://store.legal.thomsonreuters.com/law-products/support/user-guides) so your students can review the materials and take tutorials.

You may wish to locate the case Gosnell v. Rentokil, Inc., 178 F.R.D. 508, 510 n.1 (N.D. Ill. 1997), which imposes a duty on researchers to Shepardize or update cases, and then Shepardize or KeyCite Gosnell to locate other similar cases that discuss the duty to update cases.

Assignments

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If you wish your students to learn to Shepardize manually, use the Assignment in the chapter that requires students to use Figure A-1 in Appendix A. An answer key for that Assignment is included in this Manual.

The assignments for Shepardizing/KeyCiting are relatively straightforward and students should perform well. Consider explaining to students that it may be better for them to perform well on the Shepardizing/KeyCiting assignment than on the citation form assignment because citation form can be mastered on their own with time and effort. If, on the other hand, students leave a paralegal program without understanding how to Shepardize/KeyCite, this task may not be able to be mastered independently.

Consider whether the answers to the questions for this assignment must be given in correct Bluebook form. Requiring only that students reproduce what they see in Shepard’s or on Lexis Advance or Westlaw and not be required to use Bluebook form may reduce stress; however, requiring that the answers be in correct citation form, although time consuming for students, will reinforce citation skills and also require the use of other research skills, such as those involved in locating parallel citations.

The Shepardizing and KeyCiting assignments require that students not only validate cases but also validate statutes, a law review article, and an A.L.R. annotation so that they are introduced to the many sources that can and must be updated.

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Students must update cases to find negative history, interpret the various icons used by Lexis and Westlaw, note the number of documents that refer to a certain source, and determine that a statute has been ruled unconstitutional.

The assignment requiring that students both Shepardize (online) and KeyCite the same authorities is intended to demonstrate that although these two systems are competitive, they are not identical. There are variations in results, depending on whether one Shepardizes online or KeyCites. Nevertheless, for the first case students must validate, they can see that Shepardizing it reveals a red stop sign, and KeyCiting it reveals a red flag.

The Internet Assignment exercise for Chapter Nine asks students to review TR/West’s and Lexis’s websites and review descriptions of their products and their features as well as to review a research guide relating to updating authorities.

Note: In some instances, answers provided in the Answer Key in this Instructor’s Manual will have been superseded by more recent information.

For example, Question 2 in the exercise that asks students to compare Shepardizing and KeyCiting asks students to determine how many cases cite 35 U.S.C. § 102. At the time the Answer Key was prepared, the answer was 16,568 for Lexis Advance and 2,670 for Westlaw. Thus, this answer will likely be incorrect at the time instructors correct their assignments.

TESTBANKSELLER.COM Discussion of Assignments Review the assignment for Shepardizing and obtain students’ reactions to using Shepard’s. Ask students to compare and contrast online case validating with the manual method of Shepardizing. Ask what problems, if any, students encountered in Shepardizing. Consider asking whether there is any value in learning to Shepardize using conventional print volumes, or whether Shepardizing and KeyCiting online have eliminated any need for familiarity with the print volumes of Shepard’s. Ask students if they developed a preference for using Lexis Advance to Shepardize over using Westlaw to KeyCite.

Optional State-Specific Assignment Use Lexis Advance or Westlaw and locate several cases and statutes from your jurisdiction. Require students to Shepardize or KeyCite these and to print their results.

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YouTube Videos on Shepardizing and KeyCiting Have your students review the excellent YouTube videos on Shepardizing and KeyCiting. You can review those YouTube videos first, and make up a few questions for students to answer to ensure students did access the videos. The videos are located at www.youtube.com/user/LexisNexisLawSchools and https://www.youtube.com/watch?v=tLLBBGubV8c.

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Chapter Ten: Special Research Issues Chapter Theme Chapter Ten provides an overview of specialized research tasks that may not be encountered by paralegals on a routine basis.

Each of these tasks is slightly complicated by the fact that the books used to perform the research are arranged and indexed differently from the conventional sources students have already used.

The intent of this chapter is not to provide a comprehensive and exhaustive treatment of the topics of legislative history, administrative law, international law, and municipal or local law. It is merely to introduce these topics to students and provide some ideas as to sources to consult if students encounter these research issues. Students may take separate courses in legislative history, administrative law, or international law, and this chapter merely provides basic information regarding the research tools used to obtain information relating to these topics.

Classroom Discussion Approach Ask students when a legislative history analysis would be helpful. Discuss some judges’ reluctance to rely on legislative history in interpreting a statute. Discuss the ways in which technology, such as T thEeSGToB vIA nfNoKoS rE CL onLgE reR ss..gCoO v Mwebsites, makes compiling some elements of a legislative history far easier now than years ago.

Ask students for examples of the way administrative agencies affect all of us.

The topic of administrative law often results in enthusiastic discussion as students consider the wide-ranging effect administrative agencies have and yet how little most of know about the way the agencies operate and are staffed. Discuss some of the criticisms of the agencies for promulgating their own rules and regulations and then holding hearings and issuing decisions relating to alleged violations of those rules and regulations. Ask if any students have ever complained to an agency about television or radio content, air travel issues, or advertising. Have students registered with the FCC’s “Do Not Call” list? Consider the additional work of agencies such as the FTC and SEC, which must now also be alert to false advertising, identify theft, and stock fraud (perhaps

by Bitcoin offerings) occurring over the Internet.

International law is another topic that should provoke lively discussion. Ask students why countries comply with their treaty obligations. Discuss the effectiveness of international tribunals, such as the International Court of Justice, and why their decisions are often ignored.

Ask students if they have ever attended a city council meeting or watched one on public access television. Those students from smaller towns can discuss the open nature of local government due to the fact that meetings are well-publicized in the local paper

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and because proposed and final ordinances are published as well, enabling citizens to become actively involved in the democratic process.

Students who work in law firms may wish to discuss some of the requirements imposed by local court rules relating to papers filed with courts. Discuss the effect of technology and whether e-filing is available or mandated in your jurisdiction for pleadings and motions. Many courts now require lawyers to submit disks or electronic versions of their briefs (or a verification statement) so the court can verify word counts.

Such disks or e-files often provide an easy way for courts to review voluminous files with many exhibits and hyperlink to pertinent exhibits and cases cited in briefs.

Assignments The library assignment for Chapter Ten requires students to examine some of the better known sources and texts for compiling legislative histories and for performing research in administrative and international law.

Some law libraries maintain much of their legislative history materials in media such as microfiche, and you may want to make sure conventional print sources are available or are placed on reserve for students to use.

Smaller law libraries may not have all of the legislative or international materials needed to complete the assignment from the textbook, and you may need to make TESTBANKSELLER.COM appropriate substitutions.

No questions relating to municipal law are included in the library research assignment (although a question is included in the Internet assignment) because you may wish to include some questions requiring the use of the city or country code from your jurisdiction.

Only a few questions are included for each topic addressed in Chapter Ten because the focus of the chapter is simply to familiarize students with these less commonly used research sources so they will know which books to consult if they need to perform any of these specialized research tasks.

The Internet Assignment exercise is intended to encourage students to begin familiarizing themselves with the wealth of materials available on the Internet (especially through the federal government’s sites Congress.gov and GovInfo), including in-depth information relating to legislation, presidential documents, agency information, C.F.R., international materials, and municipal ordinances.

Because many of the print sources mentioned in this Chapter are so difficult to locate, the Internet Assignment for this Chapter covers most of the materials and sources mentioned. Thus, students must use various websites to perform the following research questions:

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• • • • • • • • • • •

Finding statutes and public law numbers Using Statutes at Large Locating committee information Using the Congressional Record Locating a “pre-packaged” legislative history prepared by the Department of Justice Locating an administrative decision (of the SEC) Updating a regulation from the Federal Register Finding a provision in the Code of Federal Regulations Locating presidential documents (including a Proclamation) Using the U.S. Government Manual Locating a treaty using Treaties in Force through the State Department’s website

Discussion of Assignment Discuss the library assignment from Chapter Ten. Ask which of the topics researched (legislative history, administrative law, or international law) proved to be the most challenging. Discuss how interesting reviewing the United States Code Congressional and Administrative News or the Compilation of Presidential Documents (available through GovInfo) can be. Discuss the somewhat “abbreviated” nature of the index for C.F.R. as compared to the very thorough and “forgiving” indexes such in .C U.S.C.A. and U.S.C.S. DiscuT ssEthSeTvBasAt N arKraSyEoL fL inE foRrm atiOoM n available on the Internet.

Many of the sources available in print volumes are accessible through the Internet, making legal research for legislative, administrative, and executive materials easier and more convenient to perform.

Optional State-Specific Assignments Ask students to use your state’s administrative code and determine licensing requirements for barbers, real estate agents, and so forth. Each state’s administrative code is available on Lexis Advance (by selecting “Administrative Codes & Regulations” on the home page) and on Westlaw (by selecting “Administrative Decisions & Guidance” on Westlaw’s home page). You may also access the administrative codes for most states by starting at Washlaw (www.washlaw.edu), selecting a state, and then selecting “Administrative Code.”

You may also ask students to determine what requirements your state’s administrative code imposes on pharmacists with regard to their licenses (i.e., how long a pharmacist license is valid in your state). You should be able to answer this question by using Lexis’ Advance’s or Westlaw’s “50 State Surveys,” which will direct you to the pertinent administrative code section for each state.

If your state has approved the use of marijuana, you may wish to ask students to locate some of your state’s pertinent cannabis cultivation regulations.

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You may also ask students to use municipal research skills and determine the following: • • •

What requirements are imposed for fencing or enclosures around residential swimming pools in your locality?

What types of animals may be kept in your municipality? May an apartment dweller keep a pot bellied pig? A ferret?

Can a client start selling food from a food truck within your city limits, or are there some license requirements imposed by your jurisdiction?

You may be able to determine the answer for your jurisdiction by accessing the following website (mentioned in Chapter Ten): http://www.municode.com.

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Chapter Eleven: The Digital Library: Lexis Advance, Westlaw, and Other Non-Print Research Sources

Chapter Theme Chapter Eleven is intended to introduce students to some of the nonprint technologies available to researchers (excluding the Internet, which is the subject of Chapter Twelve).

The primary emphasis of Chapter Eleven is on computer-assisted legal research, specifically, the use of Lexis Advance and Westlaw.

While Chapter Eleven provides some basic information about these research systems (and some others as well), and while both LexisNexis Group (or its parent RELX Group) and Thomson Reuters/West offer helpful brochures and tutorials, there is no substitute for “hands on” learning on the computer systems.

Determine whether your law library will provide formal training for your students so they have an opportunity to formulate queries, use the natural language or plain English searching capabilities, Shepardize or KeyCite online, locate cases and statutes, and explore the incredible variety of materials available on Lexis Advance and Westlaw.

Lexis Advance and Westlaw may offer training sessions in your area, or you may be able to arrange for speakers to gueT stEleScT tuBreAfN orKySoE uLanLdEsRh. arC eO soMme research tips and techniques with your students.

You may wish to require that your students access the various online tutorials offered by Lexis Advance and Westlaw. Your school may be able to secure access for students to Lexis Advance and Westlaw (at least for a limited period of time).

Classroom Discussion Approach Ask students to describe their experiences with the varieties of technologies discussed in Chapter Eleven. Many will have experience with eBooks (or at least will have experience with non-legal eBooks).

Ask students to list advantages and disadvantages of conventional legal research techniques and research using newer technologies. Consider the following questions: • • • •

Would it be easier to locate a topic name and key number by using the Descriptive Word Index to one of West’s digests or by using Westlaw?

Would a small firm or a large firm best benefit from access to Lexis Advance or Westlaw?

What advantage does a smaller system such as Fastcase afford solo practitioners or small law firms?

Can Lexis Advance and Westlaw give a researcher too much information?

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• • •

• • • •

What is the future of Lexis Advance and Westlaw if more and more material is made available for free on the Internet? What is the future of conventional print publishing?

Is there a market for commercial fee-based Internet providers? Why would legal professionals pay for materials that, for the most part, are often offered free?

What will Lexis Advance and Westlaw need to offer their subscribers who may be wooed away by the Internet and, specifically by services such as Fastcase? Is this one of the reasons that the newer platforms Lexis Advance and Westlaw were developed?

How do economic realities often dictate the choices of which sources to use?

In some instances, might it be more efficient to use conventional print sources than computerized legal research systems to locate an answer to a question?

Is there interest in law-related eBooks? What advantages (ease of use, mobility) and disadvantages (inability to sell or lend the book to another, possibility of loss of all books stored on the device if the device is lost) do eBooks offer?

What advantages are offered by the new legal research analytics offered by both Lexis Advance and Westlaw? If only wealthy individuals can afford to pay for in-depth analytics (to study judges’ ruling patterns, preferences, etc.), is the system “rigged” against poor litigants? Are the new research-related AI offerings helpful or merely “eye candy”?

Mention the fact that clients are only billed for time expended on conventional legal research as opposed to the fact that clients are billed for time expended and TESTBANKSELLER.COM computer time when research tasks are performed using Lexis Advance or Westlaw.

Consider advising students to start research projects by consulting conventional print sources and then when they have some general idea as to the issues involved in a project, to then turn to computer assisted legal research.

Alternatively, for a first project on Lexis Advance or Westlaw, consider suggesting to students that after they have completed one of the bigger research projects (such as the brief or memo) by using conventional print sources, they then sit down at the computer and start all over again. This approach enables students to tell if their computer research strategies are effective because they will already know what cases and authorities they should be encountering. They will also be able to see the diverse and numerous authorities the computer services can locate – in some instances, so numerous as to be overwhelming. Similarly, you may wish to suggest that students repeat the statutory research assignment provided at the end of Chapter Three (now using Lexis Advance and Westlaw).

The method of performing the very same research task by first using conventional sources and then online sources allows students to compare directly the advantages and disadvantages of conventional research techniques with those of using computer assisted legal research techniques.

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Bloomberg Law is one of the newest entrants into computer-assisted legal research, and many law schools now offer their students access to this system. At the time this Manual was prepared, Bloomberg Law did not offer any tutorials or access for paralegal students. You may wish to contact Bloomberg Law and ask for a one-week limited access password so that you can explore the system and then be able to teach about it. Some law librarians have commented that Bloomberg Law (with its deep database of financial and business materials) is most helpful to those in transactional fields such as corporate mergers and acquisitions. Because many law firms do not offer Bloomberg Law, the discussion of it in Chapter Eleven is abbreviated.

Assignments The library assignment for Chapter Eleven is designed to ensure students access Lexis Advance and Westlaw and become somewhat familiar with each system and the vast array of information that can be obtained through computer assisted legal research.

The questions asked are fairly straightforward and should not present any great difficulty.

Students must not only find and access cases and statutes, but also must locate Restatement provisions, Black’s Law Dictionary, forms, A.L.R., law reviews, key numbers, and other materials and sources. There are a few questions that ask students to use or review Shepard’s and KeyCite, but the full Shepardizing and KeyCiting assignments are located in Chapter Nine.

AeNrK Note: In some instanT ceEs,SaTnB sw sS prEoL viL dE edRi. nCthOeMAnswer Key in this Instructor’s Manual will have been superseded by more recent information.

For example, Question 9 asks students to use Lexis Advance to locate a U.S. Supreme Court to locate the Dred Scott case and determine how many citing sources (other than cases) cite the case. At the time the Answer Key was prepared, the answer was 2,434. Thus, this answer will likely be incorrect at the time instructors correct their assignments.

Some law libraries have prepared or “canned” exercises for using Lexis Advance and Westlaw, and you may wish to consider using these in place of or in addition to the assignment in the textbook.

The Internet Assignment exercise for this chapter is fairly short. It does, however, require students to review the marketing materials for Lexis Advance and Westlaw.

Discussion of Assignment After students complete the library assignment, discuss whether they have preferences for either Lexis Advance or Westlaw. Ask if students believe that one system is better than another or easier to use. Ask if students encountered any particular difficulties with computer assisted legal research.

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Ask students whether they prefer plain English searching or searching using Boolean connectors. Note the far more targeted and precise results that occur when using Terms and Connectors rather than when students use plain English searching in an open search box.

Optional State-Specific Assignments •

•

Give students a few facts from a well-known case from your jurisdiction, and ask students to locate this case using either Lexis Advance or Westlaw and Terms and Connectors or plain English. Alternatively, give students the name of a plaintiff or defendant from this case, and ask them to locate its citation.

Ask students to use either Lexis Advance’s or Westlaw’s “50 State Surveys” and locate your jurisdiction’s laws on one of the following topics: o Sex offender registration in your state o Advertising of attorney services in your state o Requirements for a valid will in your state

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Chapter Twelve: E-Research: Legal Research Using the Internet Chapter Theme The focus of Chapter Twelve is to introduce students to the Internet as another tool in their arsenal of legal research techniques. Some students will be familiar with using the Internet to find cases and statutes while others may be familiar with the Internet but haven’t used it to find legal resources.

To reduce anxiety, consider mentioning that it is not necessary for students to know what a “browser” or “search engine” is to conduct legal research on the Internet.

Just as they may not know exactly how a microwave oven cooks food or how a radio produces sounds, it is not necessary to understand how the Internet works in order to use it.

The primary emphasis of this chapter is to ensure students understand the vast array of information available to them free 24 hours each day. Cases decided by courts are available within hours or minutes, statutes can be located with a click of a keystroke, forms for preparing documents for filing with courts and agencies are available for downloading, and telephone numbers and addresses for court clerks are readily accessible. Additionally, substantive materials, such as articles from legal periodicals, are available. No student should leave a paralegal program without at least some understanding of how to access this information.

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Classroom Discussion Approach Like the classes devoted to instructing on Shepardizing online and KeyCiting and on the use of Lexis Advance and Westlaw, any class related to Internet legal research will be more effective if a “real life” demonstration can be included. With many students bringing laptops to class, a “live” group exercise and demonstration will be effective.

I have generally asked my program office to provide me with a suitable classroom, screen, computer, and Internet access when I teach this class. Consider starting with just a few introductory remarks about the Internet, its history and use, and then ask students to sit at the keyboard and enter or key in various websites. Consider using the following as good jumping off sites: www.justia.com; www.washlaw.edu; and www.law.cornell.edu. This method will demonstrate both the ease of use of the Internet and the variety of legal materials available to students.

Students who have already used the Internet for legal research will be eager to volunteer. Other students who have never used the Internet for legal research may need some prodding, but once they see how easy it is to enter an appropriate legal web address, and then merely “point and click” to find information, they will become far more comfortable.

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After several students have had the opportunity to look at websites and explore a variety of legal sites, discuss the credibility of various sites and the danger of relying solely on materials such as anonymous articles found on the Internet. Discuss the transience of some sites (for example, for years I used and endorsed the use of MegaLaw – it has now disappeared) and the fact that often just as one becomes familiar with the look and feel of a site, it changes or disappears entirely. This ties into the discussion of “link rot” in Chapter 8 and the need to preserve links to information that appears on the Internet.

Discuss whether courts and practitioners should cite to or rely on websites such as Wikipedia that are collaboratively authored and not subject to rigorous editorial review and fact-checking.

Ask how the vast amount of free material available 24/7 on the Internet will affect the publishers of conventional print sources and Lexis Advance and Westlaw. What will happen to sets of books such as United States Reports or Federal Reporter if researchers can give Internet citations in documents referring to these cases rather than being required to cite to the print books themselves?

Discuss the new law-related Apps and the numerous law-related blogs. The blog “Above the Law” is of particular interest with its “juicy” news about law firm mergers, layoffs, etc. Ask if any students have purchased or downloaded a law-related blog. Ask if they would be willing to pay $55 for the App for Black’s Law Dictionary (its TB approximate price at the timeTthEisSM anAuN alKwSaE sL prLepEaRre.dC ). OM Already, The Bluebook (Rule 18) states that if one is using an authenticated or official Internet site such as GovInfo, one may site to materials found on that site just as one would cite to a print document. Thus, locating federal regulations and U.S. Code provisions through GovInfo is the equivalent (citation-wise) as locating those materials using conventional books.

Teaching Tip I have found that if I discuss the Internet too favorably and too early in my legal research classes, some students rely nearly exclusively on the Internet and quickly tire of the hassle of going to a law library. Their projects often lack in-depth analysis of a topic. It’s a bit of a balancing act to ensure that students are well trained to use conventional print sources while also pointing out the many valuable uses of the Internet.

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Assignment The assignment for this chapter is designed to ensure students explore various Internet sites. The questions are fairly easy and students should be able to find the answers quickly. The questions are intended to ensure students visit a variety of excellent websites, including Congress.gov, Google Scholar, Cornell’s site, Justia, and GovInfo. Moreover, students must access a law-related blog and must access a law firm’s website to see its use of social media, such as Twitter.

The questions also demonstrate the vast array of legal resources now available on the Internet, whether through so-called “legal sites” (such as Justia) or through non-legal sites, such as Google. The non-legal sites (such as Hoover’s) are particularly helpful in obtaining information relating to clients (their official corporate names, their stock ticker symbols, and so forth).

Rather than use the assignment given in the chapter (which includes specific website names or URL addresses), you may wish to assign a “treasure hunt” and require students to find and print the following information and documents: • • • • • • • •

The address and telephone number of the supreme court in your state; A form for incorporating a for-profit corporation in your jurisdiction; A map of the federal circuits; Biographical information for United States Supreme Court Justice Kagan; A copy of 17 U.S.T CE . §S1T0B5A ; NKSELLER.COM The House Office addresses of the representative from your district (using Congress.gov); A copy of the first page of the USA Patriot Act or “Obamacare” (using Congress.gov); and The first page of the United States Supreme Court case decided in 2006 relating to Anna Nicole Smith (Marshall v. Marshall).

Optional State-Specific Assignments • •

•

Ask students to determine the filing fee for forming a limited liability company in your jurisdiction (link to your state’s secretary of state by starting at http://www.nass.org or http://www.e-secretaryofstate.com/).

Ask students to locate biographical information about the governor or lieutenant governor in your jurisdiction (or the mayor of the District of Columbia). You can link to your state’s homepage by starting at USA.gov, specifically, https://www.usa.gov/states-and-territories.

Alternatively, you can ask students to locate information about your state’s motto, flag, bird, etc.

Ask students to determine the address of the federal courthouse nearest your school (start at http://www.uscourts.gov).

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Chapter Thirteen: Overview of the Research Process Chapter Theme The focus of Chapter Thirteen is to provide some guidance and tips to students on how to start and end a research project. Emphasize that some of the most valuable time spent on a research task is thinking things through. The Research Planner provided in this chapter should help students develop an ordered and logical approach to research tasks as opposed to running directly to the law library and grabbing books. The Research Planner provided may help to remind students of the many sources that can be consulted.

Some students find research confusing and frustrating. This is often caused by a failure to take effective notes. Poor note-taking leads to numerous scraps of paper or computer note files with jumbled sentences, half-completed conclusions, and incomplete citations. Explain that time invested in developing a system of note taking and in organizing notes will really pay off later when it is time to write.

Knowing when to stop researching is often troublesome for beginning researchers. Students are also inclined to ask, “How many authorities should I cite?” I never give a specific number because I do not want students to believe that research is like a recipe – that if you include the “right” number of authorities, the answer will be correct. Consider stressing that each project (and author) is unique and that eventually they will become more confident in their research techniques and will become comfortable with the uncertaiT ntEy SinThBerAenNt KinSlEegLaLl E reR se.arCcO h.M Lexis Advance and Westlaw make it easy to take notes with their ability to allow researchers to insert notes, use folders, etc., making organization of notes easier. Their “Research Trail” features help researchers work efficiently, returning to previously viewed sources, and so forth. Similarly, encourage students to use electronic aids such as Google’s Scratchpad or their iPhones to take notes and transcribe citations.

Classroom Discussion Approach Discuss the value of the “one good case” approach to legal research, namely, that if one is lucky enough to have (or locate or stumble upon) one good case, this case alone will open the door to valuable other sources. One can use the topic names and key numbers in the headnotes to find similar cases, one can Shepardize or KeyCite the case to find cases and other authorities that have discussed this case, and so forth.

The topics of getting started in research and knowing when to quit usually stimulate lively discussion because students are often eager to share their tips, strategies, and mistakes. Consider the following questions to provoke discussion: • • •

How do you get started?

What set of books might you look at first if you had no idea what to do?

How much time do you spend thinking about a project before you begin?

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• • • • • • • • •

What techniques have worked best for you?

What techniques have been unrewarding – what would you avoid if you had some projects to do over again?

Is there one set of books that is always helpful to you?

How do you take notes? Do you use index cards, looseleaf sheets of paper, a laptop, or some other technique?

Have you ever considered using the camera on your iPhone (or similar device) to take a picture of text or a narrative rather than writing a long note to yourself (or similarly, using the dictation feature on a cell phone)?

How do you stay focused on one issue at a time and avoid unproductive detours?

What approaches can you take to obtain clear instructions from your supervisor?

How do you determine when to stop researching?

What part do/should economic realities play in determining the scope of a project?

Remind students of the tremendous progress they have made in the course of their research class: They entered the class not knowing how to find a case, a statute, or a legal text, and they can now determine whether a hotel clerk may validly consent to the search of a guest’s room.

Assignments

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The library research assignment requires students to put into practice all of the research skills they have learned thus far in the class. Thus, the questions asked are completely “open-ended.” Students are not told which sources to use to locate the answers to the questions but are merely instructed to obtain the answers. Thus, this assignment replicates what “real life in a law firm” would be like. Students must answer very specific questions relating to both federal and state law.

The Internet Assignment is intended to show students that information and tips on how to conduct research (as well as research tutorials) can be found on the Internet.

Optional Memorandum Assignment You may wish to assign a bigger project at the conclusion of the research portion of the class to ensure that students can perform a research project from “scratch,” review a number of authorities, and present their conclusions in a well-organized manner.

Preparing a legal memorandum is a common task and one that requires both research and writing skills. If you assign a legal memorandum at this juncture, consider the following: You may wish to bring in a sample memo to class or post one on Blackboard or Canvas so that students can see a “real life” model for how their memos should appear. A sample memo is also found at Appendix B of the textbook.

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The following website discusses the format of legal memoranda (and provides a sample memo): http://www.law.cuny.edu/legal-writing/students/memorandum/memorandum1.html.

Consider whether you wish to impose a page limit and whether there are other requirements as to typeface, spacing, and so forth.

You may wish to substitute a “closed” memorandum, namely, one in which you provide citations to all of the cases and other authorities needed and students then prepare the memo based solely on the authorities you have provided. Although this approach will certainly test students’ writing skills, it does little to showcase their ability to conduct thorough research.

Topics for General and State-Specific Research Memoranda See Chapter Seventeen’s list of topics for state-specific memo assignments, infra.

Grading of Memoranda See information for Chapter Seventeen, infra, for grading memoranda.

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Chapter Fourteen: Back to Basics Chapter Theme The focus of Chapter Fourteen is to review certain basic principles of grammar, spelling, and punctuation. Many students routinely overestimate their abilities regarding these matters and can use a quick refresher of these topics.

Providing examples is the best way to demonstrate common errors. Collect samples that show common writing mistakes. Examples can be found in advertisements, newspapers, and anonymous student assignments from previous semesters. Ask students to be alert to writing errors and to bring into class examples they find.

Encourage students to supplement the text by purchasing books on grammar, spelling, and punctuation. Many books include exercises and questions and are readily found at almost any bookstore. Other assignments and exercises are available on the Internet sites mentioned in Chapters Fourteen and Fifteen.

Classroom Discussion Approach Ask students if they believe they have difficulty spelling and what techniques they have developed to improve. Discuss the disproportionately negative effect spelling and grammar errors have on a reader. Discuss the expectations of a client who is paying significant sums for legal s e r vTi cEeSs T anBdAwNhK oSreEcL eiL veEsRd. ocCuO mM ents that include errors. What is adverse counsel or a judge likely to think of such errors?

Consider giving an impromptu (uncollected) pop spelling quiz. Ask students to write down the following words (you may need to use them in sentences): judgment, license, privilege, acknowledgement, rescission, occasion, occurrence, affect, effect, liaison, defendant, decedent, principle (meaning rule), principal (meaning most important), recede, succeed, accede, exceed, and supersede. Correct aloud in class.

Use the list of the “The 25 Most Commonly Misspelled Words” found at http://www.businesswriting.com/tests/commonmisspelled.html as an exercise in class.

Discuss whether computer aids such as Spell Check or Grammarly are helpful tools or mere crutches. What are students’ experiences with grammar-checking software programs? What tools and books do students rely on to improve spelling, grammar, and punctuation? Discuss the numerous errors found in many “professional” publications such as newspapers and magazines.

Mention that many dictionaries include a section on commonly misspelled words, together with basic information on grammar and punctuation.

The discussion relating to grammar, spelling, and punctuation is usually quite lively, with students eager to share lessons they learned in previous classes. It is common

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to have students say, “I was always taught that . . . .” You may need to explain that in many instances, there is more than one correct way to spell a word or punctuate a sentence. Consider advising that in the legal field, one should likely err on the side of caution and stick to the most conservative rules relating to grammar, spelling, and punctuation.

Assignments The end-of-chapter assignment for this chapter tests grammar, spelling, and punctuation. The exercises are straightforward but should give students an idea as to areas needing improvement. Students should be aware that many placement agencies use similar tools to test skill levels before placing a candidate in a paralegal position.

Students may thus encounter similar tests when job hunting.

The Internet Assignment is designed to introduce students to two of the best websites for information on writing and grammar. The Government Publishing Office reproduces its entire Style Manual on the Internet. The GPO Style Manual offers excellent information on grammar, punctuation, and spelling. Similarly, the Bartleby website offers sections of The Elements of Style, which is the “classic” guide to good writing. Students should be encouraged to “bookmark” these two sites for ready access.

Videos on Writing and Editing

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Chief Justice John Roberts on the Topic of Legal Writing Ask your students to watch the video of Chief Justice John Roberts being interviewed in March 2008 on the importance of clear legal writing. Alternatively, show the You Tube video in class (it is nearly 15 minutes long).

The video can be seen at the following site: http://www.youtube.com/watch?v=ZIjBzn7rbPE TED Talk by the Copyeditor of The New Yorker This ten-minute TED talk by the copyeditor of The New Yorker discusses the difficulty of proofreading and the importance of accuracy in writing: https://www.ted.com/talks/mary_norris_the_nit_picking_glory_of_the_new_yorke r_s_comma_queen?language=en

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Chapter Fifteen: Strategies for Effective Writing Chapter Theme The emphasis of Chapter Fifteen is on the five characteristics of legal writing: precision, clarity, readability, brevity, and order. Because the cornerstone of legal writing is communication, effective communication is a must. Tips and strategies are included to assist students in learning to communicate effectively and efficiently in their writing.

Although the current focus in legal writing is the “plain English” movement, it is difficult to make students understand that effective legal writers work very hard to purge their writing of redundancies, jargon, and vague words. It is a constant campaign to persuade students that use of legalese (such as “hereinabove mentioned”), use of imprecise phrases (such as “this matter”), and use of redundant phrases (such as “each and every”) can often be omitted and yet not impair the professionalism of a project.

Classroom Discussion Approach Ask students why they believe those in the legal profession are so wedded to jargon. Is this a technique used to impress clients? Does it arise out of a misplaced notion that if individuals are required to pay hundreds of dollars for a letter, it should sound “legal” or scholarly?

TESTBANKSELLER.COM Ask why it is difficult to be brief. How does one achieve brevity and yet not produce an abrupt or choppy project? Does “plain English” sound or appear unsophisticated?

Ask students to provide examples they have seen of legal jargon or redundant writing. Discuss the effect such writing has on a reader.

Urge students to compile form files of effective writing samples as they encounter them in their jobs.

Ask students to discuss email and texting in the workplace. Discuss the importance of ensuring that emails or texts sent to those in the workplace are carefully reviewed, and remind students that errors in these communications are likely to be noticed and commented upon. Discuss some pointers and tips to ensure that emails and texts (and the use of iPhones and similar devices) are courteous and respectful.

Assignments The end-of-chapter assignment for this chapter is designed to test the following fundamentals of effective legal writing: precision, clarity, readability, and brevity.

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• • •

To demonstrate the technique of precision, students must select the correct words to be used in a sentence.

To demonstrate clarity, students must rewrite certain sentences containing elegant variation and negatives.

To enhance readability, students must rephrase sentences in the active voice, use parallel structure to provide a list of items, and must reword sentences to avoid jargon and nominalizations.

The Internet Assignment is intended to show students the excellent Internet sites devoted to writing. The SEC site gives numerous examples of writing in plain English.

The document Plain English Guidelines provides excellent information. Finally, Professor Volokh’s site is helpful in eliminating legalese.

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Chapter Sixteen: Legal Correspondence Chapter Theme Chapter Sixteen introduces students to the different types of correspondence they may be expected to prepare. Consider bringing samples of non-confidential letters (or white out or redact confidential information) to class so students can see the format of letters written in law offices and legal departments.

Some students often insist on writing “like lawyers” and the tone of their letters will include archaic phrases and have a stuffy tone. Other students may to go the other extreme and produce letters that are far too informal and conversational in tone. One of the most difficult tasks in teaching writing is to communicate how to strike a balance between producing documents in “plain English” and yet achieve the formality required in business and legal writing.

Classroom Discussion Approach Students generally like to discuss letter writing. Ask what styles they have observed that they believe are effective and what styles they have seen that are arrogant, patronizing, legalistic, or stuffy. Why and how did these problems occur? Ask students to bring in samples of letters they have seen that they believe are effective as well as samples of some that may be poorly written or failed to communicate information clearly TESTBANKSELLER.COM to the recipient.

You may be able to access the “cease and desist letter that went viral” in 2013 when an attorney posted an original cease and desist letter sent to his client (that was filled with jargon and misinformation) and then his witty response to it. It was posted on Above the Law at http://abovethelaw.com/2013/06/how-to-write-a-great-response-to-acease-and-desist-letter.

Information about cease and desist letters is also available at the following site: http://abovethelaw.com/?s=cease+and+desist+letter.

Discuss how “bad news” can be effectively delivered to a client. How can positive news be communicated to a client without resulting in a guarantee of success?

Assignments The letter writing assignment included in this chapter is based on a provision in the Uniform Probate Code that is similar to provisions in probate statutes common in many states. The letter may be difficult for students to write because it gives the client “bad news,” namely, that although the client is the decedent’s mother, she will not inherit anything from her daughter’s estate. Sometimes students are reluctant to give clients bad news and will either fail to deliver the news/opinion at all or interpret the statute incorrectly so that the client does not receive the bad news about his or her situation.

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In reviewing and grading the letters, common errors you may encounter include the following: • • • • • • •

Failing to include a reference notation, namely, the “Re:” line; Using an improper reference notation, for example, using the notation “Re: Nielsen Litigation” when the matter does not involve litigation; Failing to spell all parties’ names correctly; Spelling “statute” as “statue”; Failing to include a recitation (or complete recitation) of the facts; Failing to explain what the Act provides with regard to this client’s situation; Failing to actually give an opinion or respond directly to the client’s inquiry.

You may wish to assign a letter writing project that requires students to conduct some research first and then draft a letter based upon that research. Other types of letters that can be assigned include the following: • • • •

A letter in response to an advertisement for a job; A letter demanding payment of a debt owing to a client; A letter in response to a demand for payment; or A letter providing a client a status report on his or her case.

The Email Letter AssiT gnEm t iAs N neKwStEoLthLisEnRin.tC h Oe dMi t i o n of the text and is SeTnB designed to replicate the way that paralegals will communicate in “real life.” Because informal email communications are so common in today’s workplaces, this Assignment requires students to communicate substantive information to a client. A common error you may notice is that the email letter will be too informal in its style and tone.

The Internet Assignment exercise is designed to demonstrate to students the information available on the Internet relating to writing, and specifically relating to correspondence. Information is readily available regarding formatting, effective letter writing, and various tips to make letters clearer.

Optional State-Specific Assignments To create state-specific assignments, review a few volumes of your state’s legal encyclopedia (or Am. Jur. 2d or C.J.S., if your state does not have its own encyclopedia).

Review a few topics to create an assignment relating to the laws of your state, including the following: • • •

A letter describing the process for making a claim against your State An opinion letter explaining the statute of limitations for a breach of contract action brought in your state An opinion letter explaining one of the hearsay exemptions in your state code to a client

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•

A letter describing what sanctions may be imposed on a client for failure to comply with the discovery statutes in your state

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Chapter Seventeen: Legal Memoranda Chapter Theme The focus of Chapter Seventeen is to provide students with an overview of the process of preparing legal memoranda. Preparing a legal memorandum is a common task and one that requires both research and writing skills.

Students often have a difficult time maintaining objectivity – once they hear or see the words “our client,” they tend to concentrate only on those arguments supporting the client and to ignore any contrary authorities. The mission of a memo as an informative and explanatory document (rather than a persuasive document) must be continually emphasized.

The format of a memo is different from other legal documents, and you may wish to stress that although it seems awkward to set forth the questions to be addressed in question format on page one, this approach is critical because it provides an instant snapshot to the reader of the issues presented by the case.

Classroom Discussion Approach Ask students to imagine they joined a law firm or legal department two years after the commencement of a major case. What would be the best way to become familiar with both the positive and negTaE tiS veTaBspAeN ctK sS ofEaLcLaE seR ? .DCisOcM uss the uses of a memo later in the life cycle of a case, namely, that it forms an excellent foundation for other documents (such as briefs and motions) and serves to alert everyone (including the client) to the weaknesses of a case so they can be anticipated and overcome.

Discuss whether clients should be provided copies of a memorandum that includes several arguments and sections that are contrary to the position the client wishes to assert.

Assignments The traditional memo-writing assignment given requires sophisticated research as well as writing. You may wish to substitute a “closed” memorandum, namely, one in which you provide citations to all of the cases and other authorities needed and students then prepare the memo based solely on the authorities you have provided.

The Answer Keys section in this Instructor’s Manual provides specific suggestions for making the Assignment easier or harder.

In reviewing and grading the memos, be alert to the following common errors: •

Lack of parallel structure in the format of questions/issues.

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• •

• • • • • •

“Fudging” the statement of facts in favor of the client rather than presenting the facts in a neutral and unbiased manner; Failure to apply the legal rules found in cases to the facts of the memo (beginning writers are often inclined to merely summarize the cases they find rather than analyze what those cases mean for the client’s specific factual situation); Failure to include sufficient facts from cases cited in the memo to enable the reader to understand how and why those cases apply to the client’s particular problem; Providing legal conclusions without citing any supporting authority; Over-quoting (rather than analysis as to how and why those quotations are applicable); Errors in citation form; Failure to include descriptive headings and subheadings to alert the reader as to the topics to be addressed; and Overuse of personal pronouns, such as the following: “I would advise the client . . . .” or “I do not believe that ....... ”

Email Memos A spring 2013 article in Perspectives: Teaching Legal Research and Writing entitled Traditional Office Memoranda and E-mail Memos, in Practice and in the First TESTBANKSELLER.COM Semester, authored by Charles Calleros, located at the following website, http://info.legalsolutions.thomsonreuters.com/pdf/perspec/2013-spring/2013-spring3.pdf, suggests that students be given “email memo” assignments. An email memo is not an email that simply attaches a long memorandum; an email memo is defined as follows: [It is] a presentation of legal analysis – or at least the fruits of legal research – set forth in a streamlined format in no more than one or two single-spaced pages so that a recipient on the move can read it without difficulty by scrolling down the screen of a compact hand-held electronic device such as a BlackBerry or iPhone.

Id. at 105.

After your students complete the traditional memo for this Chapter, consider whether you should ask them to take their memo and scale it back into an email memo.

Calleros notes the growing practice of conveying legal analysis in emails and suggests that students be given an email memo assignment to test their skill at conveying complex information in a clear but very concise manner.

The Email Memorandum Assignment is new to this ninth edition of the text. All of the information students need to prepare the email memo can be found on the SEC’s website. Similar to the email letter assignment in the previous chapter, this email memo assignment is designed to replicate the type of communication that students are likely to

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see in the workplace, namely, far more email communications than formal ones. Because most younger students are so comfortable texting and emailing, some may produce an email memo that is far too informal and conversational in tone.

The Internet Assignment questions are intended to introduce students to some sites that may be of help in preparing memoranda. The information given on analysis and the use of thesis statements is particularly useful. Similarly, the website that discusses the IRAC approach may be helpful.

Editing Checklist Instructors may consider requiring students to provide an “Editing Checklist” with their completed traditional Memo. An Editing Checklist is a document that requires students to verify that critical sections of the Memo have been reviewed. Such a checklist is much like a Certificate of Compliance filed with a court, in which a law firm verifies that it has complied with all pertinent court rules.

A partial Editing Checklist follows. This Checklist can be modified for other Assignments as well to ensure students take a logical and orderly approach to their writings.

Statement of Facts

BA I have arranged t h T eE StS atTem enNt K ofSFEaL ctL sE chRro.nCoO l oM gically.

I have omitted irrelevant facts.

This section includes only facts – not argument.

A. B. C.

Questions Presented A.

If there is more than one Question Presented, they are arranged in a logical order.

If there is more than one Question Presented, they are consistently presented.

My Questions Presented include sufficient facts.

B. C.

Brief Answers A. B.

My Brief Answers respond directly to my Questions Presented.

My Brief Answers respond in order to my Questions Presented.

Discussion A. B. C.

I have begun each section of my Discussion with a thesis statement.

My Discussion is organized logically and consistently and in the same order as my Questions Presented.

I have done more than merely summarize cases. I have analyzed how and why these cases apply to my fact pattern.

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D. E. F.

My Discussion section is neutral and objective.

I have provided a conclusion for each issue and sub-issue.

Every conclusion is supported by legal authority.

General A. B.

My citation form is correct.

I have proofread this document to omit errors.

Optional State-Specific Assignments Following are some topics that might be of interest if you decide to assign another memorandum.

•

Dog Bites. Develop a fact pattern based loosely on your state’s “dog bite statute.”

You may wish to develop a fact pattern in which the supposed “client” is at fault in keeping a known, vicious animal or in teasing or provoking a dog, which then bites another.

•

Adjoining Landowners. Develop a fact pattern in which one neighbor wishes to cut down branches that overhang his/her property from trees located on his/her neighbor’s property. Your state encyclopedia (or Am. Jur. 2d or C.J.S.) should have useful information on this topic.

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•

Prayers at High School Graduation. Develop a fact pattern relating to whether high schools may sponsor prayer at graduations. The landmark cases dealing with this issue are Lee v. Weisman, 505 U.S. 577 (1992) and Santa Fe Independent School District v. Doe, 530 U.S. 290 (2000).

•

Sexual Harassment. Develop a fact pattern relating to the sexual harassment of a female client by her supervisor at work. You may wish to “twist” the facts such that no harassment will likely be found because the conduct is rude and boorish, but does not rise to the level of actionable sexual harassment. The landmark case is likely Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986).

Locating Other Topics. To locate other topics that might be useful subjects for memos, grab a couple of volumes of A.L.R.6th or 7th or A.L.R. Fed. Review a few of the annotations. Many annotations discuss highly interesting topics. You can easily locate the cases from your jurisdiction because A.L.R. always lists the cases from each state (or circuit or district).

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Chapter Eighteen: Legal Briefs Chapter Theme The focus of Chapter Eighteen is to introduce students to briefs filed with courts.

The elements of trial briefs and appellate briefs are discussed and compared. Although few paralegals will prepare appellate briefs, they may well be involved in other parts of the brief-writing process, such as preparing or reviewing the table of authorities or doing the cite-checking for the brief. Part of the body of a trial brief or appellate brief may be “cut and pasted” or “cannibalized” from other research projects, such as legal memoranda or other briefs and motions.

The use of the word “brief” in these several contexts (case briefs, trial court briefs, and appellate briefs) can be confusing, and you may wish to review the purpose of case-briefing so students can readily understand how different case briefs are from trial or appellate court briefs.

Classroom Discussion Approach Because the objective of a brief filed before a court is to persuade the court to rule in favor of one’s position, discuss techniques to make writing more persuasive.

Discuss what judges will look for in briefs. Ask students to put themselves in the reviewing judge’s place. WhT atEwSoT ulBdAaNjuKdS geEaLpL pE reR ci. atC e Oi nMb ri ef s filed in his or her court?

Discuss the effect of a well-written statement of facts. Ask students if a table of contents or index to a brief can be persuasive. Discuss the placement of weak and strong arguments. What are the advantages of placing the strongest argument first?

Discuss the use of footnotes. Do they interrupt the flow of an argument or do they neatly remove confusing citations from a well-reasoned argument?

Assignments There are two assignments for this chapter. The first assignment requires students to prepare a brief to be filed in a trial court. If students have been taking a litigation or civil procedure class, they will likely be familiar with the use and goals of a trial court motion. If students have not been exposed to motions, you may need to explain their purpose and effect, and discuss in particular, the goal of a motion for summary judgment.

The assignment included in the text requires both extensive research and writing.

Because the fact pattern itself states that the plaintiffs have alleged a violation of the First Amendment, students should start by reviewing the First Amendment in U.S.C.A. or U.S.C.S. and then reviewing the annotations following the First Amendment. This should lead them to the most pertinent cases. Once they find “one good case,” such as Tinker,

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they should be able to Shepardize or KeyCite that case to be directed to numerous other authorities, including some excellent law reviews. See the Answer Key section of this Instructor’s Manual for citations to pertinent law review articles and cases.

When the project has been handed in to you, you may wish to discuss in class the topics raised by the project. Most students are eager to discuss the cases they found and almost all will have an opinion on such an interesting topic as whether the T-shirt worn by the student is permissible.

Because paralegals are not usually involved in the actual drafting of appellate briefs, the second assignment relates to a task that they may typically be asked to perform: preparation of a table of authorities for an appellate brief. This assignment also serves as additional reinforcement for citation form.

The Internet Assignment questions are designed to reinforce information about preparing briefs (such as the content of issue statements or questions) as well as to ensure students understand that they must comply with court rules relating to briefs and that finding those rules is easily accomplished through the Internet.

State-Specific Assignments To create state-specific projects, review several volumes of A.L.R., find a topic of interest, and then locate the caTsE esSlT isB teA dN thK atSaE reLfL roEmRy.oCuO r jMurisdiction. Alternatively, review the list of suggested projects at the end of the information given for Chapter Seventeen, supra.

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Chapter Nineteen: Postwriting Steps Chapter Theme The focus of Chapter Nineteen is on post-writing steps. At the end of a complex project, students are often so tired and exhausted they fail to put the final touches on a project by polishing it and proofreading it. These items are not mere details; they are an integral and important part of the writing process. Failure to proofread properly can result in a project that is legally correct but is so unprofessional no one will be informed or persuaded by it.

Consider emphasizing to students that every part of research and writing is a campaign. It is not sufficient to stand on solid legal ground. A writer must present a professional project. After hours of perhaps days of effort, a writer cannot afford to have a reader dismiss a project by thinking, “If I can’t trust this writer to spell correctly and use proper sentence construction, how can I trust that the writer has correctly interpreted complex case law?” Emphasize that sloppy projects create poor impressions and can have devastating effects.

Classroom Discussion Approach Proofreading is one of the most difficult tasks in legal writing. We become so familiar with our projects that we simply cannot see our errors. Ask students what TiBscAuNssKwShEyLeLntEhR OMwanes at the end of a project techniques they use to proofreTaE d.SD us.iaCsm and what can be done to revive interest. Ask students what their impression is of a writer who produces a messy or unprofessional project. What is a client likely to think?

Discuss the low tolerance in law firms for careless errors. Discuss how to ask for and receive criticism of one’s writing. Discuss how students can proofread the projects of others and deliver constructive criticism.

Assignments The end-of-chapter assignment for this chapter is easy and straightforward. It is designed to make students focus on proofreading. Unfortunately, any assignment labeled “Proofreading” is somewhat artificial because students will be on the alert for errors.

You may wish to have students complete this exercise in class so they are under some time constraints. It is impossible, however, to truly duplicate a “real life” scenario of proofreading at the end of a long day, interrupted by telephone calls, conferences, and office crises.

An alternative is to bring to class a three- or four-page document from your office that includes some common errors (in spacing, spelling, paragraph length, inconsistent numbering, and so forth). Students can be asked to proofread the document in class.

Such a “real life” assignment will more closely mirror what working paralegals are expected to do in law office settings.

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The Internet Assignment questions are intended to emphasize the importance of document design features and careful proofreading.

CONCLUSION I have taught paralegals for more than twenty years in a variety of settings: professional schools, in-house seminars at law firms and government agencies, in college programs, and in post-baccalaureate ABA approved programs. I have also practiced law and been involved in raising a growing family. As most teacher/lawyer/parents do, I have often thought: “This is too much. Something has to give.” Yet when I think of scaling back my schedule, I never think of giving up my teaching. I find teaching an extremely rewarding and satisfying vocation. I love seeing the progress students make and although there are many days when the thought of grading any more papers is mind numbing, I am enthusiastic about the great accomplishments of my students.

I hope you find teaching as rewarding and challenging as I have, and I welcome your comments, questions, and, of course, ideas for interesting assignments!

Sincerely, Deborah E. Bouchoux Summer 2019

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Research Assignment for Chapter 1 1.

2.

a.

Give the name of the case located at 474 U.S. 254 (1986).

b.

Review the quotation on page 265 of the case relating to stare decisis. In what way does stare decisis help the Court ensure that the law develops properly?

a.

Give the name of the case located at 569 U.S. 184 (2013).

b.

Who delivered the opinion of the Court?

c.

Who dissented?

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4.

a.

Give the name of the case at 567 U.S. 50 (2012).

b.

Give the date the case was argued and the date the case was decided.

a.

Give the name of the case at 555 U.S. 223 (2009).

b.

Briefly describe the general topic of this case.

c.

What was the holding in this case?

d.

What was the “vote” in this case?

e.

Locate a case in this volume in which the defendant’s name is Sarausad.

Give its citation.

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f.

What part did Justice Ginsburg play in this Sarausad case?

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Internet Assignment for Chapter 1 1. Use the Glossary of Terms provided at the website of U.S. Courts. What is the definition of “case law”?

2. Access the website for the National Center for State Courts. Select “Resources by Topic,” then “Browse by State,” and “Court Web Sites.” a. Who is the Chief Justice of the Texas Supreme Court? b. Review Texas’s State court Structure Chart. In which court would a divorce case be heard?

3. Access the website for the Government Publishing Office and locate information about the Federal DepT osEitSoT ryBLAibNrK arS yE PL roL grEaR m. . ICd Oe nMt i f y the library in Eugene, Oregon that is a federal depository library.

4. Access the website for the Law Library for Boston College’s School of Law. Select “Research Guides” and then “Basic Legal Research Tips.” What is the second step in a research project?

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Research Assignment for Chapter 2 1. Use volume 564 of the United States Reports. a. Give the name of the case in this volume in which the defendant’s name is Nicastro and give the citation for this case.

b. Who was the U.S. Solicitor General at the time this case was decided?

c. During the period of time covered by this volume, which U.S. Supreme Court Justice was assigned or allotted to the First Circuit?

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d. Locate a case in this volume in which the plaintiff’s name is Aguirre.

What was the decision or holding in this case?

2. Locate and review the case published at 299 U.S. 259 (1936). What is an appellate court’s duty when it appears upon appeal that a controversy has become entirely moot?

3. Locate and review the case published at 706 F. Supp. 2d 380. a. In which district court was this case decided?

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b. Review the information on page 385 relating to diversity. What did the court say was required in order to obtain jurisdiction in a diversity case?

4.

Locate and review the case published at 112 F.3d 1339. a. In which circuit was this case decided?

b. Review footnote 14. What did the court say with regard to the requirement to research thoroughly?

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Internet Assignment for Chapter 2 1. Access the site for the U.S. Courts and answer the following questions. a. What is the address for the U.S. District Court for the Southern District of Florida?

b. In what cities are the District Court of Nevada located?

c. Federal Judge Martinez would like to assist the nonprofit organization Autism Speaks in planning its fund-raising efforts. Review the Code of Conduct for U.S. Judges and determine whether this is permissible. What Canon governs your answer?

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d. Review “Statistics and Reports” and then “Judicial Facts and Figures 2016.” How many cases were filed in the U.S. Courts of Appeal in fiscal year 2016?

2. Access the site for the National Center for State Courts and search for the state court structure charts. What is the maximum amount for a small claims case in Arizona, California, and Washington?

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3. Access the site for the U.S. Supreme Court. Locate information about Supreme Court Justices. Which President appointed Chief Justice Earl Warren to the Supreme Court?

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Research Assignment for Chapter 3 1.

What title of the United States Code relates to Mineral Lands and Mining?

2.

Use U.S.C.A. and cite the title and section(s) that govern the following: a. Grants for local drug crises relating to opioids. b. Medicare kickbacks.

3.

Use either U.S.C.A. or U.S.C.S. and cite the title and section that govern the following: a. Damages for whistleblowing of air pollution.

TESTBANKSELLER.COM b. Parades at the Capitol.

c. Research into (or research centers for) chronic fatigue syndrome by the National Institute of Allergy and Infectious Diseases.

4.

Use the popular name tables as directed and cite the title and section for the following: a. Use U.S.C.A. and give the citation for the short title of the Motor Voter Law.

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b. Use U.S.C.S. and give the citation for the Women’s Business Ownership Act of 1988.

5.

Use either U.S.C.A. or U.S.C.S. and give the citation for the Jacob J. Javits Gifted and Talented Students Education Act of 2001.

6.

Use U.S.C.A. or U.S.C.S. Which statute defines “passport” and how is this word defined?

7.

Use U.S.C.A. or U.S.C.S. Give the citation for the statute(s) that generally relate to marine sanctuaries.

TESTBANKSELLER.COM 8.

Use U.S.C.A. or U.S.C.S. What is the term or time of a design patent? Which statute governs this issue?

9.

Use U.S.C.S. Give the citation to the statute that relates to the crime of murder or manslaughter by poisoning.

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10.

Use the U.S.C.A. volumes for the Constitution. Answer the following questions and cite the best case to support your answer. Give case names only. a. Under the Fourth Amendment (relating to “Consent Searches”), may a hotel clerk validly consent to the search of a guest’s room? Cite a 1972 case.

b. Under the Eighth Amendment (relating to “Prison Conditions”), do instances in which an inmate discovered insects, specifically, two cockroaches, in his food establish an Eighth Amendment violation?

11.

12.

Use U.S.C.A. a.

Under 18 U.S.C.A. § 1028A, does forging another person’s signature Re., CthOuM constitute the uTsE eS ofTtB haAt N peKrS soEnL ’sLnE am s qualifying as a “means of identification” under the aggravated identity theft statute? Answer the question and give the name of the best case that supports your answer.

Give the case name only.

b.

Give the public law designation for this statute.

c.

To which Key Numbers in the American Digest System are you directed?

Use U.S.C.S. a.

Under 39 U.S.C.S. § 3009, were promotional compact discs (CDs) that were sent unsolicited from plaintiff to music industry insiders “unordered merchandise” within the meaning of the statute?

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b.

What encyclopedia are you directed to in order to better understand this statute?

2. Under 11 U.S.C.S. § 343, generally, may a debtor invoke his Fifth Amendment privilege to refuse to answer questions during a creditors’ meeting?

3. Locate the statutes for California. a.

Which California statute imposes a duty on real estate brokers or salespersons to conduct a competent and diligent visual inspection of property offered for sale and to disclose material facts affecting the property?

b.

Review the case annotations following the statute. Does the statute apply Mer the question and cite a to commercialTreEaSl eTsB taA teNtrKaS nsEacLtiLoE nsR?.ACnO sw 1988 case that supports your answer. Give the case name only.

c.

Review the statutes in this Article. If a broker breaches his or her duty, what is the statute of limitations to bring an action against that broker?

4. Use U.S. Statutes at Large. a. What is the short title of Public Law 112-24?

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b. What was its designation in the Senate?

5. Use U.S. Statutes at Large. a. For whose relief was Private Law 111-2 enacted?

b. Briefly state the purpose of this private law.

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Internet Assignment for Chapter 3 1. Access Congress.gov. Locate S. 292 introduced in the 115th Congress. a. What is the name of this legislation?

b. What is its Public Law number?

2. Access Congress.gov. Select “Members.” Who are the current senators from the State of New Jersey?

3. Access Congress.gov. Locate S. 4010 introduced in the 111th Congress. a. What is the title of this legislation?

b. Briefly, what was the purpose of this legislation?

TESTBANKSELLER.COM c. What is its Private Law number?

4. Access the website of the National Conference of State Legislatures. Select “Research,” then “About State Legislatures,” and then “Legislative Organization.” Indicate whether the following states have a full-time or a parttime legislature: Florida, Maine, and Pennsylvania.

5. Access GovInfo. a. Select the U.S. Code for the most current year. Locate 25 U.S.C. § 305(e).

What is the definition of “Indian”?

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b. Review the Compilation of Presidential Documents. What presidential proclamation was issued on May 18, 2018? Give the proclamation number and its purpose.

c. Browse U.S. Statutes at Large, Volume 125, and review for bills enacted into law. Review the details for 125 Stat. 747. What is the U.S. Code citation for this public law?

6. Access the Local Civil Rules for the Eastern District of Texas district court.

Review Local Rule CV-7. What is the maximum length for a case dispositive motion?

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Research Assignment for Chapter 4 1. Give the name of the case located at 262 P.3d 581.

2. Review 153 P.3d 1049. a. Give the name of the case.

b. Review the case synopsis or background. Briefly describe this case.

c. What topic name and key number have been assigned to headnote 9?

d. Look up the topic name and key number in the Key Number Digest in the back of the volume. What is the first case to which you are directed?

TESTBANKSELLER.COM 3. Use the North Western Reporter. a. Give the name of the case located at 806 N.W.2d 118.

b. Give the parallel citation for the case.

c. What does headnote 5 discuss?

d. How does page 264 of the parallel Nebraska Reports begin?

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4. Review 4 A.3d. a. Give the citation to a New Jersey court case in this volume in which the plaintiff’s name is Lee. b. Use the Table of Words and Phrases in this volume. i. Which case construes the term “implied authority”? ii. Review the case that construes the term “implied authority.” How many headnotes are in this case?

5. Use the Southern Reporter. a. Give the name of the case located at 74 So. 3d 447. b. Review the Background for this case. Briefly describe this case.

6. Review 553 S.E.2d 314.

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a. Who was the attorney for the appellant in this case?

b. Which judges concurred? Give their full (first and last) names.

7. Review 850 N.E.2d. a. Use the parallel citation tables. What are the parallel citations for 338 Ill. App. 3d 745?

b. Use the Key Number Digest in the back of the volume. Which Indiana Court of Appeals case discusses topic and key number Attorney & Client 105.5?

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8. Review 354 S.W.3d. a. Who was the Chief Justice of the Texas Supreme Court for the period covered by this volume?

b. Use the Table of Cases Reported. Give the citation for the case in this volume in which the defendant’s name is Nye.

9. Use the Federal Supplement. a. Give the name of the case at 801 F. Supp. 2d 465. b. Which specific district court decided this case?

c. How many headnotes does the case have?

TESTBANKSELLER.COM d. What is the docket number of this case?

10. Use the Federal Reporter. a. What is the name of the case located at 432 F.3d 1333? b. Who or what is the named defendant?

11. Use the Federal Reporter. a. Give the name of the case located at 879 F.3d 855.

b. Briefly describe the case.

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12. Use the Federal Appendix. a. What is the name of the case located at 450 F. App’x 722?

b. What words or instructions are given before the case name?

13. Locate the case at 568 U.S. 1401. a. In what capacity did the author of the opinion act?

b. Briefly describe this case and give its result.

14. Locate the case at 505TUE.S S.T5B 77A.NGKivSeEthLeLdEatRe.oC f aOr M gum en t and the date of decision for this case.

15. Locate the case at 569 U.S. 58. What type of opinion is this case?

16. Locate the case at 200 L. Ed. 2d 449. a. When was this case decided?

b. What is the topic of the first headnote?

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c. On which page of the case is the first headnote discussed?

17. Locate the case at 136 S. Ct. 1034. a. Give the name of the case.

b. What type of jurisdiction did the U.S. Supreme Court exercise in this case?

18. Locate the case at 124 S. Ct. 1256. How does page 682 of the parallel United States Reports begin?

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19. Locate the case at 180 L. Ed. 2d 374. How does page 349 of the parallel United States Reports begin?

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Internet Assignment for Chapter 4 1. Access the U.S. Supreme Court website and locate “Opinions.” a. Select “Opinions of the Court” and select Term Opinions of the Court for 2017. Locate the case with the docket number 16-111. i. What is the name of this case? ii. In which volume of the United States Reports will it be published?

b. Select “In-Chambers Opinions” and review the case with the docket number 12A644. i. What is the name of this case? ii. Identify the Justice with whom this case was filed and in what capacity it was filed.

TESTBANKSELLER.COM iii. What relief was sought? Was the relief sought granted?

2. Access the U.S. Supreme Court website and review the Chief Justice’s Year-End Report on the Federal Judiciary for 2017. What was the percentage decrease in total cases filed in the regional courts of appeal for the 12-month period ending September 30, 2017?

3. Locate North Carolina Rules of Appellate Procedure Rule 30(e). What does it provide?

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4. Access the site www.washlaw.edu (Washburn University School of Law). Select “Kansas” and review decisions of the Kansas Supreme Court. Locate the case released June 14, 2018. a. What is the name of this case?

b. Briefly describe the nature of this case.

5. Access Google Scholar and search for cases relating to disparaging trademarks. a. Give the name and the citation for the first case to which you are directed.

b. How many cases have cited this case?

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6. Review Minnesota Statute section 4801.08. What is the effect of an unpublished opinion of the Minnesota Court of Appeals?

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Research Assignment for Chapter 5 Unless otherwise directed, give case names only rather than full citations.

1.

Use the Table of Cases for the Eleventh Decennial Digest, Part 1. a. Under which topic and Key Numbers is the case Ramsburg v. Target Stores, Inc. digested? b. Give the citation to the case in which the defendant’s name is Woltin.

2.

3.

4.

Use the Descriptive Word Index to the Eleventh Decennial Digest, Part 1. a.

Which topic and Key Number generally discuss pretrial publicity as a ground for challenges to jurors for cause?

b.

Look up this topic and Key Number in the Eleventh Decennial Digest, Part 1. Which 1991 case from South Carolina discusses this?

Use the Descriptive Word Index to the Tenth Decennial Digest, Part 2. a.

Which topic and Key Number discuss authority of a trial court to order a physical examTinEaSdTiB voArcNeKpS roEcL eeLdE inR g?.COM

b.

Look up this topic and Key Number in the Tenth Decennial Digest, Part 2.

Which 1996 Indiana Court of Appeals case discusses this general topic?

c.

Which 1999 Indiana Court of Appeals case updates this general topic?

Use the Descriptive Word Index to West’s set Federal Practice Digest, 4th Series. a.

Which topic and Key Number generally discuss waste of corporate property, funds, and securities by corporate directors?

b.

Review this topic and Key Number. Which 2010 case from the District of Connecticut held that under Delaware law, the test for corporate waste is a stringent one?

c.

Review the case. Which headnote discusses this specific issue?

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5.

Use the Words and Phrases volumes for West’s set Federal Practice Digest, 4th Series. What is the most recent case from the U.S. Court for the District of Kansas to construe the term “typicality”?

6.

Use West’s set United States Supreme Court Digest.

7.

8.

a.

What is the most recent case that interprets the term “prevailing party”?

b.

Give the citation to the case Grogan v. Garner.

Use the Pacific Digest. a.

Generally, what topic and Key Number discuss degrees of arson?

b.

Review this topic and Key Number. What 2013 Wyoming Supreme Court case discusses this topic?

c.

Use the WordsTaEnS dT PhBrA asNesKvSoEluLmLeE sR fo. rC thOisMset. What 2005 New Mexico Court of Appeals case construes the term “drug paraphernalia”?

Use the Table of Words and Phrases for West’s California Digest, 2d Series. a.

What 2010 California Court of Appeals case interprets the meaning of the phrase “alter ego doctrine”?

b.

Under what topic and Key Number is the case digested?

9.

Use the Descriptive Word Index for West’s California Digest, 2d Series. What topic and Key Number discuss degrees of arson?

10.

Use the A.L.R. Quick Index and answer the following questions. a.

Which annotation deals with liability for injury to children caused by fireworks or firecrackers?

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b.

11.

12.

13.

Review the annotation. i.

Who is the author?

ii.

Review the Research References. What Am. Jur. Proof of Facts reference are you directed to that generally discusses this topic?

iii.

Review Section 31. What is the most recent case that discusses this topic?

Use the A.L.R. Quick Index and answer the following questions. a.

What annotation deals with First Amendment protection afforded to cartoons, comic books, and comic strips?

b.

Review the annotation. Which Texas case is cited in the annotation?

A.N Review the annotationTaEt S 10T4BA L.KRS .6EthL9L7E . R.COM a.

What is its title?

b.

Which section in the annotation discusses the Restatement Second of Torts § 400?

Review the annotation at 10 A.L.R.7th Article 4. a.

What is its title?

b.

What section in the annotation discusses impeachment?

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14.

15.

Use the A.L.R. Federal Quick Index. a.

What annotation deals with the first sale doctrine in copyright law?

b.

Review Section 10 of the annotation. What case held that children who were lawful owners of a CD were entitled to sell or dispose of it without authorization?

Use the A.L.R. Table of Cases for A.L.R.5th and A.L.R.6th. a.

In which annotation is the case Smolders v. State discussed?

b.

Review the annotation. What is the general subject matter of the annotation?

c.

On which page of the annotation is the Smolders case discussed?

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Use West’s set Words and Phrases. What is the most recent case that construes the meaning of the term “reprisal”?

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Internet Assignment for Chapter 5 1. Access the website for the law library for the UCLA School of Law. Select “LibGuides” and then “How to Find a Case by Name or Topic Using Print Sources.” If you are attempting to find a case by topic, how do you start your research?

2. Access the law library for Stanford Law School. Select “Research Guides,” “Using the West Key Number System,” and “Key Number System – A Digest.”

How many subtopics are there in West’s Key Number System?

3. Access the website for Harvard Law School Library. Select “Research Guides” and then “Secondary Sources.” What is A.L.R.?

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4. Access the website for the Thurgood Marshall School of Law Library. Select “Legal Research Guides-Pathfinders” and review the information on A.L.R. What is the first step to conduct research in A.L.R.?

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5. Access the website for Thomson Reuters at http://legalsolutions.thomsonreuters.com/law-products. a. Search for “Words and Phrases.” Are definitions in this set classified to the Key Number System?

b. Search for the most recent “Pacific Digest, 2d.” How is this set supplemented?

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Research Assignment for Chapter 6 1.

Use Am. Jur. 2d. a. Which title and section generally deal with punitive damages for wiretapping?

b. Review the section. Which topic and Key Number relate to this area of law?

c. Which 2009 Iowa case indicates that to recover punitive damages one must prove at least a voluntary, intentional disregard of a known legal duty? Give the case name only.

2.

Use Am. Jur. 2d.

TESTBANKSELLER.COM a. Which title and section generally deal with the battered woman defense in homicide cases?

b. Review the section. Does the fact that the decedent, the defendant’s husband, physically abused the defendant in the past, standing alone, give rise to a justification defense? Answer the question and cite a case (give case name only) that supports your answer.

3.

Use the Am. Jur. 2d Table of Laws and Rules. Which topic and sections of Am. Jur. 2d discuss 30 U.S.C.A. § 189?

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4.

Use C.J.S. a. Give a short summary of the definition of the word “nuisance.”

b. Which topic and section generally discuss damages for injuries by dogs to persons?

c. Read the section in Part b. above. If one acts reasonable under all the circumstances, such as if one acts in self-defense, can a dog owner raise the defense of contributory negligence? Answer the question and cite a case (give case name only) that supports your answer.

d. To which topic and Key Number are you directed by the section in Part c. above?

TESTBANKSELLER.COM 5.

Use Am. Jur. Proof of Facts (3d). a. Give the citation to an article relating to negligence hiring by health clubs and gymnasiums. b. Locate the article. Which case (give the case name only) discussed the negligence of a physical education teacher who moved back and forth between two rooms to supervise students who were using machines and free weights?

6.

Use N.Y. Jur. 2d. Use the Table of Cases. Give the citation to Tedesco v. Niagara Mohawk Power Corp.

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7.

Give the title and author of the Winter 2017 comment located at Volume 60 (Issue 2) of the Howard Law Journal.

8.

Locate 60 S.C. L. Rev. 617 (2009). a. What is the title of the article?

b. Who is the author and with what school is he affiliated?

c. What section is discussed on page 627 of the article?

9.

Use the treatise Collier on Bankruptcy (16th ed.). a. What section or paragraph generally discusses partial discharge of educational loaTnEs?STBANKSELLER.COM b. Review this section and surrounding ones. After 1998, what is the sole basis for discharging an educational loan or benefit?

c. Use the Table of Cases for this treatise. Give the citation to the case Horne v. Humphreys.

10.

Locate the treatise McCarthy on Trademarks and Unfair Competition. a. Use the Table of Cases and give the citation for Taco Bell Corp. v.

Continental Casualty Co. b. Use the Table of Laws and Rules. Which section in the set discusses Arizona Statute section 13-3703?

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c. Use the Index to the set. What section relates to sound trademarks?

d. Review the section in Part b. above. What is the first example given of a registered sound trademark?

11.

Locate the Restatement (Third) of Trusts. a.

What section discusses a trustee’s duty of prudence?

b.

Review the Comments to this Restatement provision (for subsection 1 and 2, Comment (c)). Will a trustee’s lack of awareness or understanding of the terms of a trust normally excuse a trustee from liability?

TESTBANKSELLER.COM c.

Review the cases interpreting Comments b-d. Which 1999 Ohio case held that lack of expertise in a specialized area is not the equivalent of unsuitability?

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Internet Assignment for Chapter 6 1. Access the website for Georgia State University Law Library. Select “Research Guides” and then “Introduction to Legal Research.” Why are secondary sources valuable?

2. Access the Law Review Commons. a. Select the Chicago-Kent Law Review. Using the search boxes, locate an article published in 2016 by Raquel Aldana. Give the citation to the article.

b. Using the general search boxes at the Law Review Commons site, locate a 2016 law review article written by an author whose last name is Abrams.

Give its citation.

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3. Locate 12 Nev. L.J. 787 (2012). Review page 789. To what does the term stare decisis refer?

4. Use the Law Review Commons website. Locate a recent article in the Fordham Law Review related to “doxing” (the malicious online publication of one’s personal information). Give the title of the article, its citation, and its author.

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5. Access the website for Washington and Lee Law School Library. Locate “Law Journal Rankings.” Sort the table by “Journal Cites” and review the information for 2017. a. What were the three most frequently cited law reviews?

b. What law review is listed tenth?

c. How many times was the Texas Law Review cited?

6. Access the website for the American Law Institute.

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a. Review the information relating to the R e s t a t e m e n t (Third) of Agency. In which volume is termination of an agent’s power discussed?

b. Selection “Publication FAQ.” How do Principles of the Law differ from Restatements of the Law?

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Research Assignment for Chapter 7 1. Use Black’s Law Dictionary (10th ed. 2014). a. What is the definition of “deliberate speed”?

b. Review the definition. To which case are you directed?

c. What does the legal expression causa patet mean?

2. Use Am. Jur. Pleading and Practice Forms Annotated. a. Which general form relates to a complaint by an employee for discharge in retaliation for refusal to submit to drug testing?

TESTBANKSELLER.COM b. Review the form. What does Paragraph 14 allege?

c. To which topic and Key Number are you directed?

3. Use Am Jur. Legal Forms 2d. a. Which form provides a clause for an agreement in a will not to revoke or change the will?

b. Review the will clauses. What does Section Two allege?

c. Review the Notes to the form. What tax notes are given?

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4. Use West’s Legal Forms. a. Which form provides a detailed drug and alcohol testing policy?

b. Review the policy. May a company require applicants who have received a conditional offer of employment to be tested?

5. Use Uniform Laws Annotated (West’s Master Edition). Locate the Uniform Transfers to Minors Act. a. Has the Act been adopted in Kansas? If so, give the citation.

b. What is the general topic of Section 20?

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c. Has Georgia changed the official text of this section? If so, briefly describe.

6. Use Federal Practice and Procedure by Wright and Miller. a. Which section relates to oral requests for jury instructions in civil cases?

b. Review the section. Must the trial court instruct the jury before counsel make final summations to the jury?

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Internet Assignment for Chapter 7 1. Access the website of the Department of Justice Office of Legal Counsel at www.justice.gov/olc/opinions. a. Which Memorandum Opinion was issued on July 27, 2018?

b. Who requested the Opinion?

c. What conclusion was reached?

2. Access Law.com’s legal dictionary. Give the definition of the term en banc.

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3. Access the website Martindale.com. An attorney named Randall G. Walters is with the Dallas firm Walters, Balido & Crain. Where did Mr. Walters attend law school, and how many cases in Texas has he tried to jury verdict?

4. Access the website for the Uniform Law Commission. Access the Uniform Probate Code. a. Is the Code enacted in Pennsylvania?

b. Review Article 2. If there is no taker under the provisions of Article 2, to whom does the intestate estate pass?

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5. Access the website for the U.S. Court of Appeals for the Seventh Circuit. Review the Pattern Jury Instructions for civil cases. What three elements must a plaintiff prove to prevail on a claim for false arrest?

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Assignment for Chapter 8 – Citation Form Exercise There is at least one thing wrong with each fictitious citation below. Correct the citations using the current edition of The Bluebook. You may need to supply missing information such as dates and volume numbers. Punctuation is not needed after the citations. Assume you are preparing a memorandum in your office, and unless otherwise indicated, assume that the citations appear in textual sentences rather than as stand-alone citations. There is no need to include “pinpoints,” unless otherwise directed.

1. Jennifer Franklin v. the Federal Communications Commission, a U.S. Supreme Court case decided in 2012, at page 140 of volume 562.

2. Use the id. format to cite page 148 of the case in Question 1.

3. Devon Township v. Thomas and Leigh O’Neill, a case from the Eleventh Circuit Court of Appeals decided in 2015 at volume 903 of the appropriate reporter, page 661.

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4. For the preceding case, show that the U.S. Supreme Court affirmed the decision in 2014.

5. Discount Marketing Association v. Woods, a 2010 case reported at volume 120 of the Federal Supplement, Third Series, at page 406, with a quotation on pages 410411, decided by the Eastern District of North Carolina.

6. For the preceding case, show that the Fourth Circuit Court of Appeals reversed the decision in 2010.

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7. Victoria Lyons v. Harrison Development Limited, a 2016 Oregon Court of Appeals case, at volume 703, page 190.

8. State vs. Perkins Brothers, a 2007 California Supreme Court case published at volume 903, page 16.

9. Jon and Lisa Finch v. Harper Limited, a 2005 Georgia Supreme Court case at volume 403, page 909. Assume that a court requires parallel citations.

10. Title 11, section 301 oTfE thSeTUBnA iteNdKSStaEteLsLCEoR de.. COM

11. Sections 401-404 of New York’s Business Corporations Law.

12. Section 8-1-104 of Colorado’s Revised Statutes (LexisNexis).

13. Federal Rule of Evidence 411.

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14. Restatement, Second, of Trusts, section 75.

15. Volume 4 of Emily S. Davidson’s 2014 treatise “Education Law,” section 3.01, third edition.

16. A law review article authored by Lindsey T. Young and William M. Michaels, Jr., entitled “Pleading Punitive Damages,” published in volume 59, page 590, of the William and Mary Law Review, with a quotation on pages 598-601.

17. Show how to cite the definition of “hearsay” in Black’s Law Dictionary.

TESTBANKSELLER.COM 18. Show that the Supreme Court case discussed in Question 1 was decided 6-3 and held that a trust is a legal arrangement created by a settlor in which a trustee holds property as a fiduciary for one or more beneficiaries.

19. Show that Justice Elena Kagan concurred in the decision in the Supreme Court case in Question 1.

20. Show how to cite page 145 of the Supreme Court case in Question 1 as a short form (assuming that you cannot use id.).

21. Show how to cite section 4.12 of the treatise in Question 15 as a short form (assuming you cannot use id.).

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22. Show how to present the following case name if you were presenting it in a textual sentence: Digital Development Associates v. Northern Investors Group of America.

23. Show how to present the following case name if you were presenting it in a “stand-alone” citation: Digital Development Associates v. Northern Investors Group of America.

24. Your original quotation from the case in Question 1 reads as follows: “A prisoner's inability to present a claim of trial error is of particular concern when the claim is one of ineffective assistance of counsel appointed by the court.” a. Show how to emphasize the word “particular.”

b. Show how to oTmEiS AoNrK t tT heBw dsS“EoL f tL riE alRe. rrC orO.”M

c. Show how to omit the words “appointed by the court.”

d. Show how to insert the word “valid” before “claim of trial error.”

25. Show how to cite an article found on SCOTUSblog entitled “Chief Justice Roberts Emphasizes Supreme Court’s Independence,” written by Andrew Hamm and posted October 17, 2018.

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Assignment for Chapter 8 – Memorandum Exercise There are numerous errors in the citations in the following passage. Correct the citations using the current edition of The Bluebook. You may need to supply missing information.

The Plaintiff in this case seeks copyright protection for its directory of political donors.

The most fundamental axiom of copyright law is that no author may copyright his ideas or the facts he narrates. Harper and Row, Publishers, Inc. v. Nation Enterprises, 471 U.S. 539 (1985). At the same time, however, it is beyond dispute that compilations of facts are within the subject matter of copyright. 17 U.S.C. §103(a) provides that the subject matter of copyright includes compilations, but that copyright protects only the author’s original contributions, not the facts of information conveyed.

The key to resolving the tension between these two propositions lies in understanding why facts are not copyrightable. The essential test for copyright is originality. To qualify for copyright protection, a work must be original to the author. Harper & Row, 471 U.S. at 547-549. “Original,” as the term is used in copyright, means only that the work was independently created by the author (as opposed to copied from other works), and that it possesses at least some minimal degree of creativity. 1 Melville Nimmer, Copyright Law, § 2.01 (2nd ed. 1990). To be sure, the requisite level of creativity is extremely low; even a slight amount will suffice. The vast majority of works make the grade quite easily, as they possess some creative spark, “no matter how crude, humble, or obvious” it might be.

Id. Originality does not signify novelty; a work may be original even though it closely resembles other works so l o n T gE asStT heBsA im tyLisLfEoR rtu.iC toO usM, not the result of copying. To NiKlaSriE illustrate, assume that two poets, each ignorant of the other, compose identical poems.

Neither work is novel, yet both are original, and thus copyrightable. See Sheldon v.

Metro-Goldwyn Pictures Corp, 81 F. 2d 49, 54 (2d Circ. 1936).

Originality is a constitutional requirement. U.S. Const. Art. 1, §8, clause 8. This Article authorizes Congress to “secure for limited times to authors…the exclusive right to their respective writings.

In Burrow-Giles Lithographic Company v. Sarony, 111 U.S. 53 (1884), the court defined “author” to mean “he to whom anything owes its origin; originator; maker.” Id. at 58. The originality requirement articulated in Burrow-Giles remains the touchstone of copyright protection today. See Goldstein v. Cal., 412 U.S. 546, 56-62 (1973). It is the very “premise of copyright law.” Miller v. Universal Studios, Inc., 650 F.2nd 1365, 1368 (5th Cir. 1981). Leading scholars agree on this point. As one pair of commentators succinctly puts it, “The originality requirement is constitutionally mandated for all works.” L. Ray Patterson and Craig Joyce, Monopolizing the Law: The Scope of Copyright Protection, 36 U.C.L.A. L. Rev. 719, 763 (1989) (emphasis in original). As Professor Nimmer agrees, “Originality is a statutory as well as a constitutional requirement.” Nimmer, supra § § 1.08, 1.09.

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Internet Assignment for Chapter 8 1. Access the website for The Bluebook. Select “Introduction.” What is the central function of a legal citation?

2. Access The Indigo Book. a. Review Rule 23. What is the “Indigo Inkling” that you are given?

b. Review Rule 15. What is the short form for the case United States v.

Carmel?

3. Access Professor Peter W. Martin’s Introduction to Legal Citation.

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a. Review § 4-100. How are plurals of words in case names formed?

b. Review the information on citing court rules. Give the citation for New Jersey Court Rule 3:8-3.

4. Review the Introduction to the Office of the Solicitor General Citation Manual at www.justice.gov/sites/default/files/osg/legacy/2014/04/21/osg-citation-manual2014.pdf. When a rule is not given by the Manual, what should a brief-writer assume?

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Chapter 9 (Research Assignment Using Print Volumes of Shepard’s) Use Figure A-1 in Appendix A to answer the following questions.

1. What is the most recent case that follows 96 P.3d 141?

2. Which is the first case that mentions 99 P.3d 1007 in a dissenting opinion?

3. Which case explains 96 P.3d 30?

4. Give the citations for the denial of certiorari for 101 P.3d 478.

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5. Which case follows headnote 1 of 99 P.3d 1015?

6. Which Virginia Law Review article discusses 96 P.3d 30?

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Chapter 9 – Research Assignment Using Shepard’s on Lexis Advance You need not use Bluebook citation form in your answers for any exercises in this chapter.

1. Locate the case at 561 U.S. 358. a. What are the parallel citations for this case?

b. What icon are you given and why?

c. Select and review the Citing Decisions. What is the oldest case from within the Tenth Circuit that mentions your case?

d. Select and review the Citing Decisions for later U.S. Supreme Court cases ToBcAatNe KthSe E2L Rc.DCoO that cite your cTaE seS .L 01L6EM nnMell case that cites your case. i. How many depth of discussion bars are shown?

ii. What headnotes of your original case are discussed in McDonnell?

2. Locate the case at 13 F. Supp. 3d 692. Select the Shepard’s icon for this case. a. How many cases cited your case positively?

b. Select Other Citing Sources. Give the citation to the 2015 law review article that cites your case.

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3. Locate 15 U.S.C.S. § 116. Select “Shepardize this document.” a. By how many cases is this statute cited?

b. How many Third Circuit cases cite this statute?

c. Select the 2018 U.S. Supreme Court case that cites this statute. On which page of the Supreme Court Reporter is it cited?

4. Locate 691 A.2d 263. a. What is the parallel citation for this case?

b. What ShepardT ’sEicSoT n BoA r sNigKnS alEaL reLyEoR u .giCvO enMfor this case?

c. Select “Shepardize this document” and then Other Citing Sources. What treatise mentions this case?

5. Shepardize Colorado Revised Statute section 15-11-102. a. How many cases have cited this statute?

b. Select the 2006 Seton Hall Law Review article that cites this statute.

Where in the law review article is the statute cited?

c. Which Restatement provision cites this article?

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6. Locate 142 Cal. App. 4th 1313. Select “Shepardize this document” and Citing Decisions. a. How many California court cases cite your case?

b. Filter or narrow by “California.” How many California Supreme Court cases cite your case?

c. What headnotes in your case are the most frequently cited by the California Courts of Appeal?

7. Use the all-in-one Red Search Box and enter “shep: 75 Tex. L. Rev. 1301.” a. Who are the authors of this law review article?

b. Select “Shepardize this document.” What is the most recent case that cites your law r ev i eTwEaSr t T i cB l eA ? NKSELLER.COM

c. Retrieve this most recent case that cites your law review article. Where in the case is your law review article cited (indicate page number and whether your case is cited in the majority or other opinion)?

8. Locate Florida Rule of Civil Procedure 1.040. Which 2018 case mentions this rule? Give the case name only.

9. Locate the Restatement (Third) of Agency § 301. Select “Shepardize this document.” What is the name of the most recent case that cites § 301 cmt. b.?

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10. Locate 558 U.S. 310. a. What is the name of this case? b. How many cases cite this case?

c. Select Table of Authorities. How many authorities did this case cite? d. How many Eleventh Circuit cases cite your case?

e. Select to review the prior history of this case in “Map.” What was the citation for this case in the District Court of the District of Columbia?

11. Shepardize 135 Cal. App. 3d 406. What icon are you given and why?

TESTBANKSELLER.COM 12. Shepardize 555 U.S. 122. Review all of the icons on the right side of the screen.

List each icon and how many authorities or cases to which each icon relates.

13. Shepardize 269 U.S. 385. Select “Reason for Shepard’s Signal – View the top citing reference.” What information are you given?

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Chapter 9 - Research Assignment Using KeyCite on Westlaw 1. Locate 329 F.3d 1358. What signal flag is displayed on the screen? Why?

2. Locate MacPhee v. Nicholson, 459 F.3d 1323. a. What status flag is displayed?

b. Select the flag. Locate the first reference to which you are directed. Give the name of the case and Westlaw’s comment to you about this case.

c. Which headnotes of MacPhee does the case in Question 2(b) above cite?

. ESTBANKSELLER.COM 3. Locate 830 F.2d 1217T a. What status flag is displayed? Why?

b. Select the “History” tab. What was the citation for your case in the Southern District of New York in 1987?

4. Locate 878 F.3d 631. Select the “History” tab. When was certiorari denied for this case?

5. Locate Aipperspach v. McInerney, 766 F.3d 803. a. Select “Citing References” and then “Cases.” Review the Depth of Treatment bars. How many cases analyze your case with three treatment bars?

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b. Select “Secondary Sources.” Which A.L.R. annotation discusses headnote 4 of Aipperspach?

6. Locate 137 S. Ct. 1744. Locate the author of the opinion. Where was the author born and who nominated him to the U.S. Supreme Court?

7. Locate 877 N.E.2d 446. a. Select “Citing References.” How many trial court documents cite this case?

b. Select “Table of Authorities.” How many authorities did the case published at 877 N.E.2d 446 cite?

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8. Locate 241 S.E.2d 551. a. Give the parallel citation for this case.

b. Select “Citing References” and then “Secondary Sources.” Which 2015 law review article mentions this case?

c. Select the law review article. Where in the law review article is your case cited?

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9. Locate 17 U.S.C.A. § 109. How many Citing References refer or cite to this statute?

10. Locate Florida Statute section 741.327. What status flag is displayed? Why?

11. Locate New York Business Corporation Law section 602. What status flag is displayed? Why?

12. Locate California Probate Code section 1500. Select “Graphical View” and review the information for the current text of the statute. When did the statute become operative?

TESTBANKSELLER.COM 13. Locate Ohio Revised Code Annotated section 3101.01. What status flag has been assigned to this statute? Why?

14. Locate Am. Jur. Partnerships section 778. a. How many Citing References are you given?

b. Are you directed to any forms? If so, give the citation.

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15. Locate Restatement (Second) of Contracts section 71. a. How many authorities have cited this provision?

b. How many cases have cited this provision?

16. Locate 59 Stan. L. Rev. 601. a. To how many Citing References are you directed? b. Sort these Citing References by date. Which is the oldest law review article that cites your law review article?

17. Locate 60 A.L.R.6th 1.

Select “Table of Authorities.” How many cases does your TESTBANKSELLER.COM A.L.R. annotation cite?

18. Locate 478 U.S. 675. Select “Citing References” and then “Cases.” a. Which 2015 case from the district court in Minnesota quotes from 478 U.S. 675?

b. Use narrowing filters to review the cases that have cited 478 U.S. 675.

Select to review state court cases and sort by date. Give the citation to a 2012 case from the Minnesota Supreme Court that quoted from 478 U.S. 675.

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19. Locate 729 N.W.2d 396. Select “Citing References” and use narrowing filters.

How many federal cases have cited 729 N.W.2d 396?

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Chapter 9 - Research Assignment Comparing Shepardizing Online with KeyCiting Use Lexis Advance and Westlaw to answer the following questions.

1. Shepardize and then KeyCite 135 Cal. App. 3d 406. What status signals are you given on Lexis Advance and Westlaw? Why?

2. Shepardize and then KeyCite 35 U.S.C. § 102.

a. To how many cases does each service direct you?

b. To how many law review articles does each service direct you?

TESTBANKSELLER.COM 3. Shepardize and then KeyCite Florida Statute § 61.079. a. To how many cases does each service direct you?

b. Review the list of law review article(s) to which you are directed by the services. Are they the same?

4. Shepardize and then KeyCite 18 U.S.C. § 241. What status signals are you given?

Why?

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5. Shepardize and then KeyCite 73 A.3d 964. a. To how many cases does each service direct you? b. Are these cases the same?

6. Shepardize and then KeyCite California Civil Code § 1542. a. What is the effective date of this statute?

b. What did the 2T0E 18SlT egBisAlaNtiKoS nE doL?LER.COM

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Internet Assignment for Chapter 9 1. Access the website for the Northern Illinois University College of Law at https://libguides.niu.edu/basic-legal-research and review the information on updating your research. What must you do before you present any document to a court?

2. Access Lexis’s guide to Shepardizing at www.lexisnexis.com/documents/pdf/20120111042317_large.pdf. What does the Appellate History tab display when you Shepardize?

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3. Access Westlaw’s guide to KeyCiting at http://info.legalsolutions.thomsonreuters.com/pdf/wln2/l-356347.pdf. What does it mean if a case that cites your KeyCited case is given four “Depth of Treatment” bars?

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Research Assignment for Chapter 10 Legislative History 1. Locate the case Lenz v. Universal Music Corp., 815 F.3d 1145, 1151 (9th Cir. 2016). What did the court state about when it would review legislative history?

2. Use United States Code Congressional and Administrative News. a. To which topic or act does Public Law 112-29 relate?

b. Use the Legislative History volume for your Public Law Number and locate the House Report for your Public Law. i. Review page 40 of the Report. What new system is created by the Act?

TESTBANKSELLER.COM ii. Review page 73 of the Report. Does the legislation contain any earmarks?

iii. Review page 67 of the Report on Direct Spending. By what amount did the Congressional Budget Office estimate that enacting the legislation would reduce direct spending?

iv. Which volume of the Congressional Record includes debates and information relating to this legislation?

v. Review the Dissenting Views. Briefly, why did John Conyers write a dissenting view?

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3. Use United States Code Congressional and Administrative News. a. To which topic or act does Public Law 115-43 relate?

b. Use Table 6 for the 115th Congress. Locate the following information relating to this Act. i. When was this Act approved? ii. What was its number in the House?

iii. Give the date on which the Act was passed by the Senate.

iv. Give the date on which the Act was passed by the House.

TESTBANKSELLER.COM v. Give the House Report Number.

Administrative Law 4. Use the most recent C.F.R. Index. a. Which C.F.R. title and part deal with flammability standards for children’s sleepwear (size 3)?

b. Which C.F.R. title and part deal with labeling and advertising for malt beverages and beer? i. Review this part. Review the section within the part relating to comparative advertising. If a producer advertises taste test results, what procedures must it meet?

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ii. What provision governs your answer?

5. Use the Wages-Hours volumes for the CCH Labor Law Reporter. a. Review Paragraph 28,724 relating to who are family members for purposes of the Family and Medical Leave Act. Is an employee’s 16-yearold stepchild a “son or daughter” as that term is used in the Act? b. Review subparagraph .10, entitled “Family Member Status in General.” Is a common law spouse a “spouse” within the meaning of the Act? Answer the question and briefly explain your answer.

6. Locate the case published in volume 2016-2017 of NLRB Decisions ¶ 16,209. a. Give the brief name of the case.

TESTBANKSELLER.COM b. What did the NLRB order?

c. Generally, what remedy was ordered by the NLRB?

International Law 7. Use the Cumulative Index No. 46 for volumes 2451-2500 of the United Nations Treaty Series, and find the agreement between Mexico and Argentina regarding reciprocity on the use of satellites. a. Give the citation to this agreement.

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b. When and where was the agreement signed?

c. Locate the treaty in U.N.T.S. Who signed the agreement for Argentina?

d. When did the agreement enter into force?

e. What topic is covered by Article VIII?

8. Use Whiteman’s Digest of International Law. a. What volume and page discuss “war treason”?

TESTBANKSELLER.COM b. Review this material. Generally, what is war treason?

c. If an enemy carries on military operations in other than occupied territory or sabotage behind enemy lines, is such treasonable in an international sense? Answer the question and briefly explain your answer.

9. Use Hackworth’s Digest of International Law. a. What volume and page discuss who owns booty?

b. Review the material. Who owns “captures and booty”?

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10. Use Hackworth’s Digest of International Law. a. What volume and page discuss whether private or public vessels can commit piracy? Answer the question and briefly explain your answer.

b. Review the material. Can acts of piracy be committed by warships or public vessels? Answer the question and explain your answer.

11. Use Hackworth’s Digest of International Law. Use the List of Cases. a. What volume and page discuss the case Chappel & Co., Limited v. Fields?

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b. Review the material. Give the ci tati on t o the case.

c. What general topic is discussed by the case?

12. Use United States Treaties and Other International Agreements. a. What is the general subject matter of T.I.A.S. 11029?

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b. Briefly, what obligation is imposed on Japan by Section 1(d)?

c. Who signed the agreement for the United States? Who signed the agreement for Japan?

13. Use United States Treaties and Other International Agreements. a. What is the general subject matter of 35 U.S.T. 6427 (T.I.A.S. 11054)?

b. Where was this memorandum of understanding signed?

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c. When was it signed and when did it enter into force?

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Internet Assignment for Chapter 10 1. Use GovInfo to access the U.S. Code. Locate 17 U.S.C. § 103. Give the public law number and the U.S. Statutes at Large citation for this statute.

2. Use GovInfo. Locate H.R. 6 introduced in the 115th Congress. a. What does Section 1001 of the bill prohibit? b. What is the Public Law number for this legislation?

c. To which committee was this bill assigned?

d. When was the bill signed by the President?

TESTBANKSELLER.COM 3. Use Congress.gov. Locate the Congressional Record for September 28, 2018.

Select to review the entire issue. a. Review page H9156. Who spoke about the Public Change Rule? b. Review page S6367. Whose nomination was discussed?

4. Use Congress.gov. Locate information about Senator Sherrod Brown. Select to review Senator Brown’s legislative work in the 114th Congress. a. How many bills did Senator Brown sponsor? b. How many bills became law?

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5. Access the Department of Justice’s List of Legislative Histories. Review the Captive Wildlife Safety Act. a. When was this legislation introduced in the Senate?

b. Who introduced the legislation in the Senate?

c. Review the House Report for this legislation. What was the stated purpose of the legislation?

d. Review the Congressional Record for the legislation for January 30, 2003, and review Mr. Jeffords’s remarks. How many tigers did Mr. Jeffords say were estimated to be in captivity in the United States?

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6. Access the University of Virginia’s library guide relating to administrative decisions at https://guides.lib.virginia.edu/administrative_decisions. Select to review “Securities & Exchange Commission” and then “Commission Decisions.”

Select for 2018 and review Release No. 34-83711 regarding Christine D. Memet. a. Why did Ms. Memet’s employer state it had terminated her employment?

b. Briefly describe the SEC’s decision.

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7. Use GovInfo. Locate the Federal Register for October 19, 2019. Select the Table of Contents and then review Reader Aids. a. Update 16 C.F.R. pt. 410. What is the status of this provision?

b. Access the appropriate page in the Federal Register for this provision and indicate the reason 16 C.F.R. pt. 410 was modified or changed.

8. Use GovInfo. Locate 9 C.F.R. pt. 50. Review 9 C.F.R. § 50.1. What is a “heifer”?

9. Use GovInfo. Review 21 C.F.R. pt. 700 relating to the use of prohibited cattle materials in cosmetic products.

TESTBANKSELLER.COM a. Can cosmetics include any material from cattle with a broken leg? Answer the question and cite the provision that governs your answer.

b. Review 21 C.F.R. pt. 700 (specifically, review 21 C.F.R. § 701.20). Is soap considered a “cosmetic”?

c. Review 21 C.F.R. pt. 740. If a client wishes to sell a foaming detergent bath product for children, what warning must be given on the label?

d. In which issue and page in the Federal Register is this regulation found?

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8. Use GovInfo. Locate the Compilation of Presidential Documents. Review the President’s remarks on May 2, 2018, on the swearing in ceremony for Secretary of State Michael R. Pompeo. a. Where were the remarks made?

b. Where did Mr. Pompeo attend college and law school?

c. How many foreign service officers does Mr. Pompeo oversee?

TESTBANKSELLER.COM 9. Use GovInfo. What is the subject of Presidential Proclamation 9774 issued on August 31, 2018?

10. Use GovInfo. Locate the most recent U.S. Government Manual. Locate information relating to the National Railroad Passenger Corporation (“Amtrak”). a. How many trains does Amtrak operate each day?

b. How many employees does Amtrak employ?

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11. Use GovInfo. Locate the most recent U.S. Government Manual. a. When was the Federal Aviation Administration established?

b. Review the information on wildlife strikes on aircraft. Which birds most frequently collide with aircraft?

12. Access the Department of State’s Treaties in Force. Locate a convention between Denmark and the United States for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income. a. When was the agreement signed and when did it enter into force?

EeLnLt iEnRT..IC b. Give the citatioTnEtS oT thBisAaNgK reS em .AO.SM.

13. A client in Seattle, Washington wishes to keep a llama at her property. Is this permissible? Answer the question and cite the municipal code provision that governs your answer.

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Assignment for Chapter 11 – Lexis Advance You need not use Bluebook citation form for any of the exercises for this chapter.

1. From the initial Lexis Advance screen, retrieve the case located at 558 U.S. 209. a. What is the Lexis database number or citation for this case? b. What are the parallel citations for this case?

c. Select “Citing Decisions.” Use the filtering options and select to review cases from the Seventh Circuit. Which 2016 Central District of Illinois case discusses headnote 3 of your original case? Give the case name only. d. Return to your original case. Shade any portion of the case. How many colors may you elect to highlight portions of the case?

2. From the initial Lexis Advance screen, select “Practice Area or InduTsE tryS”TaB ndAN thK enS“EBLuL siE neRs. s& COCMorpo rat e Law.” Which secondary sources may you view for more information on this topic?

3. From the initial Lexis Advance screen, select “Practice Area or Industry” and then “Evidence.” Select “All Evidence Cases.” Use the Red Search Box and search for the term “dying declaration.” When you are given your results, filter by state and select Georgia and then sort by state. a. What is the newest case to which you are directed? b. On which page of this case does the term “dying declaration” first appear?

c. Review the Visualization Circle next to the entry for your case. How many cases cited your case positively?

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4. From your initial Lexis Advance screen, use the Red Search Box and retrieve the case at 478 F.3d 489. a. What is the name of this case? b. Review headnote 5 of this case and select “Shepardize – Narrow by this headnote,” and then select “Citing Decisions.” How many cases from the Second Circuit cite this headnote?

c. Return to your original case. Select “About this Document” and “Activate Passages,” and then select the first “box” that appears in the opinion. Sort by date. Which is the most recent case that cites your case for the issue being discussed?

d. Return to your original case and select “Legal Analytics” to learn more about Judge Korman. Review “Cases by Type.” What type of case has this judge most frequently handled? When was the judge born? Has the judge served longer or shorter than the average judge on this court?

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5. From your initial Lexis Advance screen, retrieve 21 U.S.C.S. § 952. a. Generally, to what topic does this statute relate?

b. Under “Research References & Practice Aids,” select the A.L.R. Fed. Annotation listed. What is the topic of this discussion in A.L.R. Fed.?

6. From your initial Lexis Advance screen, select “Statutes & Legislation” and then Arizona. Review the listing of Arizona statutes and then select “Marital & Domestic Relations” and then “Dissolution of Marriage.” a. How long must a person be domiciled in Arizona before filing a petition for dissolution of marriage?

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b. What statute governs your answer?

7. From your initial Lexis Advance screen, select “Statutes & Legislation” and then California and “Advanced Search.” Construct a search of the California statutes.

In your first “Terms” box, use terms to determine the term of registration of a trademark in California. a. What is the term of a state trademark registration in California? b. May the registration be renewed?

c. What statute governs your answer?

8. From your first Lexis Advance screen, select “Secondary Materials” and then “Law Reviews & Journals.” Using “Advanced Search,” search to locate a Yale Law Journal article written by Akhil Reed Amar that includes the term “lived TESTBANKSELLER.COM Constitution.” a. Give the citation to the law review article. b. Shepardize this law review article. How many other citing sources cite it?

c. Review the graphical map or timeline shown on the screen. Are citations to this law review article generally increasing or decreasing?

9. Beginning with your first Lexis Advance screen, use “Advanced Search” to locate a U.S. Supreme Court case in which the plaintiff’s name is Dred Scott. a. Give the name and citation to the case. b. How many cases cite Dred Scott?

c. How many other citing sources cite Dred Scott?

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d. Review the graphical map or timeline shown on the screen. Are references to this case by citing sources increasing or decreasing?

10. From your first Lexis Advance screen, select “Administrative Codes & Regs” and then “Federal.” Either review Title 27 of C.F.R. or construct a search to locate the C.F.R. provision relating to use of the term organic on a wine label. a. What C.F.R. provision includes the definition? b. Select the reference to the Federal Register. When was this provision effective?

c. Give the citation to the Federal Register.

11. From your fist Lexis Advance screen, select “Secondary Materials” and then “Restatements.” Review the Official Text of the Restatement (Second) of Contracts. Either r e v i eTwE tSh T eB TaAbN leKoSf E CL onLteEnR ts.fC orOtM he Restatement or construct a search to answer the following questions. a. What section discusses contracts made by infants? b. Review the Comments. Generally, in some states, is a contract made by a 17-year-old married person valid? c. Shepardize this document. Which 2014 Michigan Court of Appeals case cites this Restatement provision? Give the case name only.

12. From your first Lexis Advance screen, select “Secondary Materials” and then “Dictionaries” and “Ballentine’s Dictionary.” Enter “latent defect” as the exact term you wish to search. a. Briefly, what is the meaning of “latent defect”?

b. To which primary source are you directed by this definition?

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13. From your first Lexis Advance screen, select “Secondary Materials” and then “Treatises, Practice Guides & Jurisprudence,” and then “Texas.” Select Texas Jurisprudence. Either browse the table of contents or construct a search to determine if a partnership may be formed by an oral agreement. a. What section discusses this issue?

b. In the footnotes section, select the Texas statute to which you are directed.

What Texas statute provides that a partnership may be formed by oral agreement?

c. Return to Texas Jurisprudence and select “Reports.” Generally, what are you given?

14. From your first Lexis Advance screen, retrieve 123 S. Ct. 769.

E.RS. a. How does pagT eE 21S2ToB fA thN eK paSrE alL leL lU . RCeOpM orts begin?

b. Select “Shepardize this document.” What icon would you select to create an Alert for this case?

15. From your first Lexis Advance screen, select “Dockets” and then Dockets for the U.S. Supreme Court. Which April 2015 case has the docket number 14-1281?

Give the case name only.

16. From your first Lexis Advance screen, select “Cases” and then “All Federal.”

Using the Red Search Box, use Natural Language and search whether disparaging trademarks violate the First Amendment. a. To how many cases are you directed?

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b. Use the Red Search Box, use Boolean Terms and Connectors, and search for the following: “disparaging trademark” /25 “first amendment.” To how many cases are you directed?

17. From the first Lexis Advance screen, select “Cases” and then select to view U.S. Supreme Court cases. Using the Red Search Box, search for the terms “business judgment rule” and “derivative suit.” a. In the Results list, what does the asterisk mean on the Search Term Location bar?

b. In the Results list, what term is displayed in green and what term is displayed in orange?

18. From the first Lexis Advance screen, use the Red Search Box and type in “What is the definition of ‘valuable consideration’?” Review the Answer Card presented at the top of your results screen. a. What source gives you the definition?

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b. Review the second Answer Card. What source gives you the definition?

c. Review the third Answer Card. What sources gives you the definition?

19. From the first Lexis Advance screen, search for 35 U.S.C.S. § 101. Select “Pending legislation.” Select to review the pending legislation. Is the legislation that would affect 35 U.S.C.S. § 101 likely to pass?

20. Use the Popular Name Tables for U.S.C.S. Give the citation to the Hart-ScottRodino Antitrust Improvements Act of 1976.

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21. Locate 523 F.3d 1258. Select “About this Document” and then “Briefs.” Locate the brief filed by Mr. Vigil and review the Argument section. What is the heading or title of Issue One?

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Assignment for Chapter 11 – Westlaw 1. From the initial Westlaw screen, retrieve the case located at 465 U.S. 668. a. What is the name of this case? b. Select “Selected Topics.” To which A.L.R. annotation are you directed?

c. Retrieve the A.L.R. annotation. Which Colorado case is cited in the A.L.R. annotation? Give the case name only.

2. Retrieve the case located at 890 F.3d 77. a. What is the name of this case?

b. Who delivered the opinion of the court? Which President appointed the judge?

TESTBANKSELLER.COM 3. Locate a 1989 U.S. Supreme Court case in which the defendant’s name is Sokolow. a. Give the citations for the case.

b. How does page 10 of the parallel U.S. Reports begin?

c. What icon would you use to set a KeyCite alert for this case?

4. Select the appropriate databases and locate a 2018 U.S. Supreme Court case in which the plaintiff’s name is Masterpiece Cakeshop. a. Give the name of the case.

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b. Read headnote 4 of this case. Select the “key” diagram. What is the first topic and Key Number that are listed?

c. Select the first Key Number. What is the first case to which you are directed?

5. Select the appropriate databases and locate a Michigan Supreme Court case in which the plaintiff’s name is Fane. a. Give the case name and citation. b. Select the case. How does page 683 of the parallel North Western Reporter 2d begin?

c. How many cases cite headnote 1?

TESTBANKSELLER.COM 6. Locate 15 U.S.C.A. § 78u-1. a. Generally, to which topic does this statute relate?

b. Review the notes of decisions following this statute. May an insider trader be ordered to pay prejudgment interest on the entire disgorgement amount of an innocent third party’s claims? Give your answer and cite a 2014 case (give the case name only) that supports your answer.

7. Use the Popular Name Table for U.S.C.A. a. What is the citation for the short title of the Adam Walsh Child Safety and Protection Act of 2006?

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b. What statute relates to § 102 of the Public Law number for this legislation?

c. Access that federal statute. How many victims are identified in the statute?

d. After accessing the federal statute, select “History” and then “Legislative History Materials.” Review the July 2006 presidential signing statement for this legislation. How does the legislation make it harder for sex predators to reach children on the Internet?

8. Select the appropriate database. a. How many witnesses must sign a will in Minnesota?

TESTBANKSELLER.COM b. What statute governs your answer?

9. From your initial Westlaw screen, access Key Numbers. a. What topic and Key Number would you select to view cases generally relating to setting aside or revoking adoption?

b. Select this topic and Key Number. How many cases discuss this issue?

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10. Select Secondary Sources and then Law Reviews and Journals. a. Locate the Arizona Law Review. What is the title of an article by Natalya Shnitser?

b. Give the citation to a Spring 2003 article written by William H. Manz.

11. Select Secondary Sources and then Black’s Law Dictionary. a. Briefly, what is the definition of involuntary manslaughter?

b. When you review this definition, what is the first treatise to which you are directed?

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12. Select Secondary Sources and then Restatements. Access the Restatement (Second) of Torts. a. What is the general principle announced in section 496A?

b. Review Comment c.2. Generally, what does a spectator at a ballpark consent to?

c.

Access the 1985 New York case cited in section 496A. i. What was held in this case?

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ii. How many citing references cite this case?

13. Select Secondary Sources and then Secondary Sources Index. Locate Texas Jurisprudence. a. What is the general subject matter of Amicus Curiae section 1?

b. Must a court allow an amicus curiae to be heard?

14. Select Secondary Sources and then A.L.R. a. Search for “entry into contract as ultra vires.” How many references are listed?

TESTBANKSELLER.COM b. Search using Boolean Terms and connectors. Use this search command: “ultra vires /10 contract or agreement.” How many references are listed?

How many federal references are listed?

15. From the first Westlaw screen, select Forms and then select American Jurisprudence Legal Forms 2d. a. Locate a form for a merger of a corporation. What does section 9 of the form relate to?

b. What topic and Key Numbers are you given?

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c. What Am. Jur. 2d reference are you directed to relating to approval of mergers by shareholders?

d. What does the “Easy Edit” feature for this form allow you to do?

16. From the first Westlaw screen, select Secondary Sources and then use the Secondary Sources Index to locate Am. Jur. Proof of Facts. a. Locate an article that relates to shock therapy malpractice. Give its citation and identify its author.

b. What does secT tioEnS1T1BoA fN thK isSaE rtiLclLeEpR ro. viCdO e?M

17. Review the Federal Rules of Civil Procedure. If no jury demand is made, who tries a case? Give an answer and cite the rule that governs your answer.

18. From the first Westlaw screen, select “Legislative History” and then select “Arnold & Porter Legislative Histories.” Select the Americans with Disabilities Act of 1990. What is the Senate Report Number for this legislation?

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19. Locate C.F.R. Review Part 500 of Chapter V (Wage and Hour Division, Department of Labor) of Title 19 of C.F.R. a. What is the definition of “migrant agricultural worker” for purposes of this Part?

b. Can you email this section to yourself or another? If so, what icon would you select?

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Chapter 11 – Assignment Comparing Lexis Advance and Westlaw For each question, use both Lexis Advance and Westlaw.

1.

2.

3.

Access 479 Mich. 112, 734 N.W.2d 548 (2007). a.

How many cases cite this case?

b.

Review headnote 7 of the case. How many cases cite headnote 7 of this case?

c.

How many law reviews cite this case?

d.

Give the citation to the newest law review article that cites this case.

Access 42 F. Supp. 3dT1E1S 1.TBANKSELLER.COM a.

How many cases cite your case?

b.

Give the name of the oldest case that cites your case.

c.

How many other sources cite your case?

Access 3 U.S.C. § 302. a.

How many cases are listed in the Notes of Decisions or Case Notes for your case?

b.

How many law reviews cite your case?

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4.

Select to review only Florida state court cases. Enter the following exact search query: “statute of limitation” /10 “medical malpractice.” How many results are you given by each service?

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Internet Assignment for Chapter 11 1. Access Thomson Reuter’s Training and Support page for Westlaw at https://legal.thomsonreuters.com/en/support/westlaw. Locate “User Guides.” a. Select the Guide entitled “Westlaw Basics: Ten Quick Tips for Using Westlaw.” Review the seventh tip. For how long is your research history saved?

b. Select the Guide entitled “Westlaw Alerts: Creating as Alert.” Can you elect to be notified if there are no results when an Alert search is run?

c. Select the Guide entitled “Westlaw Getting Started Guide.” i. Review Page 6. When you run a search, how many jurisdictions can you select to review?

TESTBANKSELLER.COM ii. Review Page 8. When you run a search on Westlaw, briefly describe the content that is searched by default.

iii. Review Page 18. When you KeyCite, what does one green Depth of Treatment bar indicate?

2. Access LexisNexis’s Quick Advanced Guide to Lexis Advance at www.lexisnexis.com/pdf/lexis-advance/quick-reference-guide.pdf. a. Review Page 9. Is Search Term Maps included with every case law search that you run?

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b. Review Page 15. Briefly, what does Shepard’s Graphical grid show you?

c. Review Page 19. For how long is your research history saved?

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Research Assignment for Chapter 12 1. Access Congress.gov. Locate H.R. 3996 (115th Congress). a. Briefly, what is the subject matter of the bill?

b. Select “Actions.” When was the bill passed or agreed to by the Senate?

c. When did the bill become law?

2. Access Congress.gov. Select to review the Senate section of the Congressional Record for December 19, 2018, pages S7835-S7838. Review Ms. Duckworth’s remarks. a. How many veterans did Ms. Duckworth state deserved care from the Veterans Administration?

TESTBANKSELLER.COM b. What are “blue water Navy veterans”?

3. Use any of the websites discussed in this chapter to obtain federal materials. What is the short title of Public Law 115-226?

4. Access the website USA.gov. Select “Government Agencies and Elected Officials” from the Menu. Locate information about the Bureau of Alcohol, Tobacco, Firearms and Explosives. a. Under which government branch is this bureau organized?

b. What is the parent organization for ATF?

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c. Access ATF’s website and review information about the history of ATF and federal agent Eliot Ness. What fictional character is modeled on Eliot Ness?

5. Access Cornell’s Legal Information Institute. a. Select Wex legal encyclopedia. Briefly, what is “watered stock”?

b. Select the Federal Rules of Criminal Procedure. May a defendant be arraigned by video teleconferencing?

6. Access D&B Hoovers website and search for Under Armour, Inc. (of Baltimore, Maryland). a. What is the coT mE paSnTy’BsAraNnK kS onEL thL eE FoRr. tuC neO1M000 list?

b. Who are the company’s top three competitors?

7. Access Google Scholar. a. What is the official citation for the 2003 case McConnell v. Federal Election Commission? b. How many cases have cited this case?

c. Review the case. Who delivered the opinion of the Court with respect to BRCA Titles I and II?

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8. Access CourtListener. Locate a 2010 Supreme Court case in which the plaintiff or petitioner’s name was Bilski. a. Give the official citation to this case. b. Which is the first case listed as cited by Bilski?

c. Select “Supreme Court Database ID.” i. What was the vote coalition for this case?

ii. Who was the respondent?

9. Access the website for the Wage and Hour Division of the Department of Labor and review its FAQs. a. If an employee is subject to both state and federal minimum wage laws, to which wage isTthEeSeT mB plAoN yeKeSeE ntL itlLeE d?R.COM

b. Is extra pay required for employees who work on weekends or nights?

10. What is the basic filing fee to file an application for a plant patent?

11. Access the website for U.S. Courts. a. What is the address for the Florida Northern Bankruptcy Court in Tallahassee?

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b. Review the local rules for the U.S. District Court for the District of Massachusetts. May you take a photograph of a defendant in a court proceeding?

12. Access GovInfo and locate 7 C.F.R. § 735.109 (2018). To whom does a warehouse operator report a disaster at a licensed warehouse?

13. Access Google. Search for New York Business Corporation Law 306. What is the general subject matter of this statute?

14. Access the website of the SEC. Search for company filings by Target Corp.

Review its Annual Report (Form 10-K) filed March 14, 2018. a. On which stock exchange does the company trade its stock?

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b. How many stores did the company have in 2017?

c. Who was the Chairman of the Board and the CEO for the company?

15. Access the website for the law firm Jones Day. a. In which Australian cities does the firm have an office? b. What social media does the firm use?

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16. If you subscribe to the e-newsletter Lexology, how often will you receive your tailored email newsfeed?

17. Access Justia. Select “Law Blogs.” a. How many blogs are devoted to aviation law?

b. Select “Aviation Law.” Can you elect to receive updates through an RSS feed?

18. Access Justia to answer the following question: A client in Missouri is the victim of medical malpractice committed on January 3, 2019. What is the statute of limitations for the victim to bring an action for medical malpractice?

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Research Assignment for Chapter 13 Answer the following questions, which are designed to test the research skills you have learned in the preceding chapters. If your answer is found in a statute, give the citation to the statute that supports your answer. You may use whatever sources you feel will best answer these questions, whether those sources are print, located through Lexis Advance or Westlaw, or located by using the Internet.

1. How is “civil union” defined in New Jersey?

2. Can ABC, a technology information company in Hawaii, prohibit its tech workers from working for its competitors after they leave employment with ABC?

TESTBANKSELLER.COM 3. A client wishes to form a corporation in Georgia. What elements must be included in the articles of incorporation filed with the state?

4. Lisa, a Minnesota resident, is making her will. The will states that all of Lisa’s property will be left to her son, Marcus. May Marcus sign Lisa’s will as a witness?

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5. Anna was served on March 1 with a summons and complaint filed in the U.S. District Court for Massachusetts. The complaint alleges federal securities fraud.

When must Anna serve her answer to the complaint?

6. May Rebecca, a federal judge, make a speech for her good friend, Tim, who is running for mayor in Rebecca’s city?

7. Sam has been employed with his large, multinational company for ten months and has worked about 1,400 hours during that time. Is Sam eligible to take leave under the Family and Medical Leave Act for his serious health condition?

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8. Who owns the federal trademark RANCHERITOS (registered in 2013)? What is the translation of the mark?

9. What is the stock ticker symbol for Tesla, Inc.?

10. What is the citation for the short title of the Americans with Disabilities Act?

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11. How is a voluntary bankruptcy case initiated?

12. What is the penalty for violation of the federal law relating to trusts or conspiracies in restraint of trade?

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Internet Assignment for Chapter 13 1. Access the Legal Research Strategy Overview at Harvard Law School Library at https://guides.library.harvard.edu/law/researchstrategy. What are the four steps in legal research strategy?

2. Access the guide entitled “Legal Research: An Overview” offered by the Darling Law Library at UCLA. What are the five steps in getting started when conducting research?

3. Access the “Research Process” page at Georgetown Law Library’s site at http://guides.ll.georgT etEoS wT n.B edAuN/hKoSmEeL /rL esEeR ar.cC h-O pM rocess. Review the Secondary Sources Research Guide. How do secondary sources do the initial legwork for you when you conduct research?

4. Access the University of Washington Law School Law Library website. Select “Research Guides” and then select to review “Legal Research – Not Topic Specific.” Review the information about cases and reporters. What is the difference between official reports of cases and unofficial reporters?

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Assignment for Chapter 14 Grammar Select the Correct Word 1. Either the contract or the amendment is/are missing.

2. The judge or the jury hear/hears the testimony.

3. The transcript or the exhibits is/are missing.

4. Each of the exhibits has/have been admitted into evidence.

5. Many of the photographs has/have been seen by the jury.

6. The committee of analysts has/have completed its/their report.

7. The contract, along with its numerous attachments, were/was removed from the file.

TESTBANKSELLER.COM 8. Both leases contain/contains errors.

9. The court have/has taken the matter under submission.

10. McDonald’s Corporation are/is releasing its quarterly report this week.

Correct the Following 1. The plaintiff pointed to the defendant. The man wearing the tie.

2. The hearing could not begin without the judge. Who was late as usual.

3. The document was read by the witness, it was then marked and admitted into evidence.

4. I wore my white blouse to the trial, which was unfortunately stained with ink.

5. Examine the following three sentences and then answer the questions placed after them: 195

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a. Just the partner was selected to make remarks at the meeting. b. The partner was just selected to make remarks at the meeting. c. The partner was selected to just make remarks at the meeting.

Question (i): Which sentence means that the partner was selected to make remarks at the meeting and to do nothing else?

Question (ii): Which sentence means that the partner and no one else was selected to make remarks at the meeting?

Question (iii): Which sentence means that the partner was only recently selected to make remarks at the meeting?

6. The license was given to the plaintiff with the attachment.

NK 7. The witness testified tT haEt SshTeBsA aw aS caEr L beLhE inRd.thCeOoM ffice with a broken taillight.

8. I asked her to not examine the witness.

9. Anxiously awaiting the verdict, my hands were shaking.

10. A pilot must keep the safety of his passengers as his first priority.

Pronouns Select or Fill in the Correct Pronoun or Rewrite to Make the Sentence Clearer 1. Give the brief to whoever/whomever can proofread it quickly.

2. It was me/I who gave the will to the client.

3. Give the settlement agreement to Lyndsey and she/her.

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4. We/Us on the conflicts committee issued new guidance for determining a conflict of interest.

5. Either Anthony or I/me will attend the hearing.

6. He asked Beth and me/me and Beth to meet the client.

7. Please contact Jeff or me/myself if you have any questions.

8. If a witness makes an error

should correct it immediately.

9. Neither of the witnesses brought his or her/their notes.

10. Although the briefcase fell onto the floor, it was not damaged. eE seS ttlTeB mA enNt KofSfeErLseLnEt?R.COM 11. To who/whom was t h T 12. Whom/who should I talk to about the interrogatories?

13. Whose/Who’s brief was filed with Judge Ruiz?

14. I own two houses. My house which is rented to Sam is in Tampa.

15. I need the document, that was amended.

16. I own two pens. My pen, which is blue, is out of ink.

Spelling Select the Correct Spelling 1. The outcome of the hearing was predictible/predictable.

2. Gina is a dependable/dependible witness.

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3. The receipt/reciept is attached.

4. The appellent’s/appellant’s brief had four sections.

5. The accident was entirely preventible/preventable.

6. The testator left all of his tangible/tangable assets to his son.

7. The complaint alleged two occurrences/occurences of fraud.

8. She apologized promptly and sincerly/sincerely.

9. The company’s principal/principle office is in Seattle.

10. The corporation issued convertible/convertable stock.

Punctuation Correctly Punctuate the Following Sentences or Indicate If They Are Correct 1. To incorporate a business without reserving a corporate name would be reckless.

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2. The trial was over but the news media remained in the courtroom.

3. The brief, that I filed with the court, is missing its appendix.

4. The corporation reported that its profits fell due to higher taxes, increased labor costs and unexpected litigation expenses.

5. The firm has instituted a new rule; time sheets must be submitted every Friday.

6. Mason asked, “Did you draft this brief”?

7. The elderly mans’ gait was unsteady.

8. The motion will be heard on Thursday; however, we must begin preparing on Monday.

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9. The Rubios complaint was amended. That is the second time the Rubios have amended their complaint.

10. Both plaintiff’s briefs were submitted to the court on Tuesday.

11. She is a well respected educator.

12. The judge stated “The motion is denied.”

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Internet Assignment for Chapter 14 1. Access GovInfo and locate the U.S. Government Publishing Office Style Manual, a. Review Chapter 2. How many spaces should be placed after a period that ends a sentence? What section governs your answer?

b. Review Chapter 3, and either correct the following or indicate if they are correct: i. I will see you in the Fall.

ii. We will be visiting the Eastern States.

c. Review Chapter 6, and either correct the following or indicate if they are correct: i. He is working on a large-scale project. ii. She noT wEhS asTaBbAeN tteKrSpE ayLinLgEjR ob.. COM iii. These were our agreed-upon standards. iv. The agency acts in a quasi judicial manner. v. The effects were far-reaching. d. Review Chapter 8, and either correct the following or indicate if they are correct: i. Massachusetts laws ii. Arms length iii. Two week’s pay iv. In the event of Mary’s leaving 2. Access www.bartleby.com, and review Section II of The Elements of Style. Either correct the following or indicate if they are correct. a. Charles aunt lives in New York.

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b. The applicant who best meets the job requirements will be hired.

c. The brief was edited but it must be revised and proofread before it is filed with the court.

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Research Assignment for Chapter 15 PRECISION Select the Correct Word in the Following Sentences, or Rewrite the Sentences to Eliminate Vague Wording or Improve Word Connotation 1. Selecting an incorrect word will affect/effect your communications.

2. Fewer/Less writers draft projects in longhand then/than use word processors to compose their projects.

3. Lisa decided to forgo/forego attending the event.

4. Mr. Reynolds was found guilty by a jury. He appealed the verdict, and the appellate court overruled/reversed the lower court decision.

5. The corporation’s principle/principal office is in New York.

6. The principle/principal of free speech is guaranteed by the Constitution.

TESTBANKSELLER.COM 7. The investment will require a significant infusion of capitol/capital into the project.

8. The witness is a frequent drinker.

9. The defendant left the area in 2018.

10. Adverse counsel was picky in her review of the contract.

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CLARITY Rephrase Each of the Following to Produce a Clearer Sentence 1. Senior citizens qualify for a discount of ten percent. This discount will be provided to all elderly customers.

2. The store’s policy provides that it will not accept goods returned after thirty (30) days.

3. The document does not have a table of authorities.

4. The facts in Jones are not unlike those in Smith.

5. No approval of any landscape alterations will be implied in the absence of the committee’s express approval.

TESTBANKSELLER.COM 6. There are three qualifications a successful job applicant must possess.

READABILITY Rewrite the Following Sentences to Make Them More Readable by Using the Active Voice and Omitting Nominalizations 1. A new sexual harassment policy was issued by the corporation.

2. Additional funding was provided by the bank.

3. An amendment to the lease was drafted.

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4. Please submit your application for an exemption.

5. If you cannot make a payment of the $100 application fee, you cannot take the examination.

6. A distribution of profits will be made during the month of December.

Rewrite the Following Sentences to Make Them More Readable by Using Parallel Structure 1. Employees must provide travel documentation accurately, in a timely manner, and as detailed as possible.

TESTBANKSELLER.COM 2. The client was advised to complete the interrogatories, that she should review all of the documents, and to note any inconsistencies in the contracts.

3. Candidates must show leadership skills, communication proficiency, and be responsible for monthly reports.

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Rewrite the Following Sentences to Make Them More Readable by Eliminating Jargon and Redundant Expressions 1. The lease is enclosed herewith.

2. Once you submit your request, it will thereafter be reviewed.

3. The parties hereto do hereby agree and consent to the following terms for the license described hereinabove.

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4. We have asked the c o u r t for permission to file an am icus curiae brief.

5. We are going to go to court in order to make a motion.

6. Unless and until the repairs are made and completed, the tenant will not pay or remit rent.

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Internet Assignment for Chapter 15 1. Review the SEC’s guidance document Plain English Handbook at its website at www.sec.gov. Review Chapter 6. a. Review the information on long sentences. What are the five characteristics shown by the plain English rewrite of the long sentence?

b. Review the information keeping sentence structure parallel. What technique can you use to make unparallel constructions easier to spot?

2. Locate the Plain English Guidelines at www.plainlanguage.gov/guidelines.

Review the information on Choosing Your Words Carefully and Using Simple Words and Phrases. Give the recommended substitutions for the following terms: accomplish; designate; for a period of.

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3. Access Professor Eugene Volokh’s site at www2.law.ucla.edu/Volokh/legalese.htm. Give the recommended substitutions for the following terms of legalese: any and all; in the course of; on a number of occasions.

4. Access Purdue Online Writing Lab’s site. Review the information on components of an outline. What four suggestions are given to create an effective outline?

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Chapter 16: Traditional Letter Assignment You have been given the following fact pattern by Sofia Perez, one of the senior partners in your law firm.

The firm represents Alison Nielsen. Last month, Alison’s only child, Kymberly, was killed in a car accident. Kymberly, who was 18 at the time of her death, had been a famous child actor and earned several million dollars during her career. For a period of time, Alison served as Kymberly’s manager but after several disagreements over money, Kymberly applied to court at age 16 and had Alison’s parental rights terminated. At the time of her death, Kymberly was not speaking with her father, Phillip Nielsen. Phillip and Alison divorced when Kymberly was a child and neither remarried nor had other children.

Kymberly had never been married and left no children and no will.

Ms. Perez would like you to prepare an opinion letter (for her signature) to Alison, explaining what her rights are, if any, to Kymberly’s estate.

By way of background, the Uniform Probate Code includes several provisions relating to intestate estates, shares of parents, and so forth. Our state has adopted the Act in its entirety. The Act is available through the website of the Uniform Law Commission.

Assume there are no cases interpreting the applicable provisions of the Act.

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Chapter 16: Email Letter Assignment You have received the following research assignment by email from Marty Taylor, one of the senior attorneys in your firm: Hi, Our client, EdTech Inc., has tasked a team of employees with designing written materials for educational purposes. Hank, the president of the company, has asked us to determine who will own the materials that the employees are developing. Hank wants to be sure that the company (rather than the employees) owns the materials. Please draft a short email for me to send to Hank later today answering this question. I believe you should be able to find the answer at the website of the Copyright Office. Take a look at the “work made for hire” circular at the website.

Marty

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Internet Assignment for Chapter 16 1. Access the site www.michbar.org/file/generalinfo/plainenglish/pdfs/02_june.pdf and read the article about writing client letters. What is the general advice given about including formal legal citations in a letter?

2. Access the site www.irmi.com/articles/expert-commentary/a-few-tips-on-writingto-opposing-attorneys and read the article by Gary Blake on writing letters to opposing attorneys. Review the section titled “Avoiding an Adversarial Tone.”

What five pieces of advice are given to prevent an inappropriate tone in letters to other attorneys?

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Chapter 17: Traditional Memorandum Assignment To: Paralegal From: Senior Attorney Our client, Jon Copeland (“Cope”) is a well-known street artist who has created numerous works of aerosol art or graffiti. Cope’s work has also been exhibited in various mainstream museums throughout the United States.

Cope and the nonprofit Modern Art Museum entered into an oral agreement whereby Cope agreed to create a mural to celebrate the opening of the Museum’s new wing, the Bell Pavilion, dedicated to nontraditional art forms.

The mural Cope created was sprayed on a wall (at the entrance to the new wing) with aerosol paint and was 12 feet high and 20 feet long. The mural showed several artists in various poses, holding chalk, cans of spray paint, and paint brushes. It displayed the wording “Preserve Art in All Forms. Visit Bell Pavilion.” Cope was paid $40,000 for his work, which was recognized by several newspapers and critics as being “bold” and “visionary.”

After the six-month opening celebration ended, the Museum painted over Cope’s mural in anticipation of its next exhibition. Cope has retained us to determine if any of his rights under the federal Visual Artists Rights Act have been violated.

Please prepare a memorandum for me relating to this matter. The memorandum should be no more than six pages in length and should be double-spaced. Use current Bluebook EhRe.reC, O citation form. Our federal d i s T t r iEc tSaTn B dA ciN rcK uiSt,EALnL yw haMve no cases or statutes regarding this issue. Therefore, do not restrict your research to the law of any one federal district or circuit.

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Chapter 17: Email Memo Assignment You have received the following research assignment by email from Eliza Watkins, one of the senior attorneys in your firm: Hi, One of our clients, Rebecca Winslow, believes she has evidence of federal securities fraud (specifically, insider trading) by her employer, Capstone Investment Group.

Rebecca is interested in knowing how to file a whistleblower tip or complaint with the SEC about the fraud, and if she does so, whether her privacy will be protected, any possible rewards available to whistleblowers, and whether Capstone can retaliate against her.

Please draft a short memo we can send to Rebecca by email. I believe you should be able to obtain all the information you need on the SEC’s website.

Eliza

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Internet Assignment for Chapter 17 1. Access the site www.law.cuny.edu/legal-writing/students/irac-crracc/irac-crracc1.html. a. Why is IRAC the most popular form of organization in a writing?

b. Examine “Application, Counterarguments, and Conclusion.” In a memo, are you predicting or arguing a particular resolution of your facts?

2. Access the article on legal memos at www.law.wisc.edu/lrw/small_section_guide__memo_writing.docx. a. What are the primary goals of a legal memo?

TESTBANKSELLER.COM b. Review the section on internal organization. Should there be one conclusion at the end of your memo or one for each issue? Why?

3. Access the site www.law.nyu.edu/students/studentwriting/writingprocess. How long should a thesis statement be?

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Chapter 18: Court Brief Assignment Our client, the Baker Public School District (“Baker District”), located in the State of Anywhere, was recently sued in federal court by Lucas Matsen, a junior in high school who attends Liberty High School in the Baker District. The Baker District suspended Lucas for wearing a T-shirt to Liberty with the image of a gun and the wording “Bring Your Gun to School Day – Tomorrow!”

Liberty’s principal, Hillary Ross, testified at her deposition that within the past few months, the Baker District had experienced several “troubling episodes,” including a lockdown at Liberty three months ago when a student brought a gun to the school as well as a school shooting at another high school within five miles of Liberty. In addition, one month ago, a “hit list” was found in the boys’ locker room at Liberty, listing the names of ten students under a skull and crossbones figure.

After each of these incidents, Liberty noted increased absenteeism at the school.

After the “hit list” was found, Liberty issued a written school policy (signed by all students and parents) that states that students may not wear clothing or other accessories to school that display “symbols of violence.” When Lucas wore the T-shirt described above, he was suspended for one week. Lucas, through his parents, has sued the Baker District, alleging it has violated his First Amendment freedom of speech rights. Lucas has not asserted that the policy is overbroad. At his deposition, Lucas testified that his T-shirt was a political message advocating support for the Second Amendment.

Please prepare a brief (or memorandum of law) in support of a motion for summary judgment that will persuade tT heES UT .SB . A DN i stKriSctECLoLuE rt Rfo.r Ct hOeMAn ywh ere District that Baker District did not infringe Lucas’s First Amendment rights. The Anywhere District has no cases on point. Therefore, do not restrict your research to the law of any one district or circuit.

Court rules impose a ten-page limit on all briefs. In addition, court rules require that the brief be word-processed and double-spaced and that current Bluebook citation form be followed.

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Assignment for Chapter 18 – Table of Authorities You have been asked to prepare the table of authorities for an appellate brief to be filed in the United States District Court for your district. There are no special rules for citation form. You should use the citation rules set forth in the current edition of The Bluebook. Do not worry about the page numbers on which these authorities appear in the brief. The following citations will appear in the brief.

Harlow v. Denham, 440 F.3d 181 (First Circuit 2007) 28 U.S.C. §1332 Lea Brilmeyer, “Related Contacts and Personal Jurisdiction” 101 Harvard Law Review 1444, 1448 (1998) TMW Enterprises, Inc. v. Federal Insurance Company, 619 F.3d 574 (6th Circuit 2010), affirmed, 564 U.S. 873 (2011) Associated General Contractors of California, Inc. v. California State Coalition of Carpenters, 459 U.S. 579 Sun Oil Co. v. Adam Wortman, 486 U.S. 717 (1988) 28 U.S.C. Section 1257 Omni Capital International Ltd. v. Rudolf Wolff & Co., 484 U.S. 97 (1987) Antonin Scalia and Bryan A. Garner, “Reading Law: The Interpretation of Legal Texts,” page 486 (2012)

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California Civil Procedure Code Section 410.10 California Civil Procedure Code Section 418.10(a) Allan R. Stein, Frontiers of Jurisdiction: From Isolation to Connectedness, 67 U. Chicago Law Review 373 (2011) U.S. Const., Fifth Amendment Harlow v. Children’s Hospital, 432 F.3d 150 (First Circuit 2005) 28 U.S.C. § 1407 Nowack v. Tak How Invs. Ltd., 94 F.3d 708 (1st Circ. 1996) Anza v. Ideal Steel Supply Company, 547 U.S. 451 (2006) Nevada v. Hicks, 533 US 353 (2001) California Civ. Proc. Code § 418.10(c) O’Connor v. Sandy Lane Hotel Co., 496 F.3rd 312 (Third Circuit 2007) Direct Marketing Association v. Federal Drug Administration, 135 S.Ct. 1124 (2015)

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Internet Assignment for Chapter 18 1. Access the rules of the U.S. Supreme Court. Review Rule 24. When must a brief on the merits include a table of contents and a table of authorities?

2. Access the rules of the U.S. Solicitor General at www.justice.gov/sites/default/files/osg/legacy/2014/04/21/osg-citation-manual2014.pdf.

a. Review Rule 5.1. May a brief writer indent a quote of only 25 words?

b. Review the Office of the Solicitor General Supplement to the Supreme Court rules. Review Section E., entitled “Conclusion.” What is the appropriate form for a conclusion in a typical brief in opposition?

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3. Access the Practitioner’s Handbook for Appeals at the website of the U.S. Court of Appeals for the Seventh Circuit at www.ca7.uscourts.gov/forms/Handbook.pdf.

Review Section XXII, and review the contents for a brief. a. How many issues or questions should be presented?

b. Review the section on the Argument portion of a brief. May an attorney ignore adverse precedent?

4. Use www.uscourts.gov to access the Federal Rules of Appellate Procedure. a. Review Rule 29. When may an amicus brief be filed?

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b. Review Rule 32. What color should be used for the cover of an appellant’s brief?

c. Review Rule 32. In computing the length of a brief, are footnotes counted toward the limit? Are corporate disclosure statements counted?

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Assignment for Chapter 19 CAREFULLY PROOFREAD THE FOLLOWING PASSAGE AND MAKE THE NECESSARY CORRECTIONS. Arbitation Clauses Under the Fedreal Arbitration Act, parties too a contract may agree that a arbitrator rather than a court will resolve disputes arising out of the contract. When a dispute arises, the parites sometimes may disagree not only about the merits of the dispute but also about the threshold arbitrability question—that is, whether they’re arbitration agreemnet applies to the particular dispute. According to case law,, the question of who decides arbitrability is itslef a question of contact. The Act allows parties to agree by contract that an arbitrator, rather than a court, will resolve threshold arbitrability questions as well as underlying merits disputes.

The question presented on this case is whether the “wholly groundless” exception is consistent with the the Federal Arbitation Act. Its not. The Act does not contain a wholly groundless” acception, and courts our not at liberty to reright the statue passed by Congress. When the parties’ contract delegates the arbitrability question to an arbitrator, courts must respect the parties decision is set froth in the contract.

Under the Act, arbitration is a matter of contract, and courts must enfoce arbitration contracts according to there terms. Applying the Act, courts have held that parties may agree to have a arbitrator decide not only the merits of a particular dispute but also gateway guestions of arbitrability, such as whether their agreement covers a "particular controversy." When the pT arE tieSsT ’ BcoAnNtrK acSt EdLeL leE gaRte.sCtO heM arbitrability question to an arbitrator, a court may nor override the contract. In those circumstances, a court possesses no power too decide the arbitrability issue.

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Internet Assignment for Chapter 19 1. Review Rule 32 of the Federal Rules of Appellate Procedure. If a proportionally spaced typeface is used, may the writer use a sans serif style?

2. Locate the Oregon Rules of Appellate Procedure. Review Rule 5.05. What style typeface must be used in briefs?

3. Access Matthew Butterick’s website relating to Practical Typography at https://practicaltypography.com. What style of quotation mark (straight or curly) does the author recommend? Why?

4. Review the advice on TpE roS ofTreBaA diN ngKS foE unLdLaEt R th. eC Pur OMdue Online Writing Lab at https://owl.purdue.edu/owl/general_writing/the_writing_process/proofreading/ind ex.html.What three proofreading suggestions are given?

5. Review the proofreaders’ marks at www.merriamwebster.com/dictionary/proofreader. What does the mark “][” indicate?

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Answer Keys for Research and Internet Assignments Note to Instructors: These questions and their answers were prepared in the fall of 2018. Thus, at the time your students provide their answers, some may have changed.

Research Assignment for Chapter 1 1.

a.

Give the name of the case located at 474 U.S. 254 (1986).

Vasquez v. Hillery b.

Review the quotation on page 265 of the case relating to stare decisis. In what way does stare decisis help the Court ensure that the law develops properly?

Stare decisis is “the means by which we ensure that the law will not change erratically, but will develop in a principled and intelligible fashion.”

2.

a.

Give the name of the case located at 569 U.S. 184 (2013).

Moncrieffe v. Holder

b.

Who delivered the opinion of the Court?

c.

Justice Sotomayor delivered the opinion of the Court.

Who dissented?

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Justices Thomas and Alito dissented.

3.

a.

Give the name of the case at 567 U.S. 50 (2012).

Williams v. Illinois

b.

Give the date the case was argued and the date the case was decided.

The case was argued on December 6, 2011, and it was decided on June 18, 2012.

4.

a.

Give the name of the case at 555 U.S. 223 (2009).

Pearson v. Callahan

b.

Briefly describe the general topic of this case.

An action was brought against state law enforcement officers who conducted a warrantless search of a house. The question was whether the officers had qualified immunity. c.

What was the holding in this case?

The Court reversed the holding of the court(s) below.

d.

What was the “vote” in this case?

It was a unanimous decision.

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e.

Locate a case in this volume in which the defendant’s name is Sarausad.

Give its citation.

Waddington v. Sarausad, 555 U.S. 179 (2009) f.

What part did Justice Ginsburg play in this Sarausad case?

Justice Ginsburg (along with Justice Stevens) joined in Justice Souter’s dissent.

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Internet Assignment for Chapter 1 1.

Use the Glossary of Terms provided at the website of U.S. Courts. What is the definition of “case law”?

Case law is the law as established in previous court decisions. A synonym for legal precedent. Akin to common law, which springs from tradition and judicial decisions.

2.

Access the website for the National Center for State Courts. Select “Resources by Topic,” then “Browse by State,” and “Court Web Sites.” a.

Who is the Chief Justice of the Texas Supreme Court?

The Chief Justice is Nathan L. Hecht. b.

Review Texas’s State court Structure Chart. In which court would a divorce case be heard?

Domestic cases are heard in the district courts in Texas.

3.

Access the website for the Government Publishing Office and locate information about the Federal Depository Library Program. Identify the library in Eugene, Oregon that is a federal depository library.

The library is the Knight Library at the University of Oregon.

4.

Access the website f o T r tE heSL brSarEyLfoLrEBRo. stC onOC TaBwALNiK Mollege’s School of Law. Select “Research Guides” and then “Basic Legal Research Tips.” What is the second step in a research project?

The second step is “Understand the problem.”

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Research Assignment for Chapter 2 1. Use volume 564 of the United States Reports. a. Give the name of the case in this volume in which the defendant’s name is Nicastro and give the citation for this case.

J. McIntryre Machinery, Ltd. v. Nicastro, 564 U.S. 873 (2011). b. Who was the U.S. Solicitor General at the time this case was decided?

The U.S. Solicitor General was Donald B. Verrilli, Jr. (Acting Solicitor General Neal Kumar Katyal had resigned effective June 9, 2011, and Donald B. Verrilli took his oath of office on June 9, 2011, and was presented to the Court on June 27, 2011.

This case was decided on June 27, 2011, the day Mr. Verrilli was presented to the Court.)

[Note to Instructors: This information is given in footnotes on pages iii and iv of the volume; this question thus demonstrates the importance of careful reading when conducting legal research.] c. During the period of time covered by this volume, which U.S. Supreme Court Justice was assigned or allotted to the First Circuit?

Justice Stephen Breyer was assigned to the First Circuit.

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d. Locate a case in this volume in which the plaintiff’s name is Aguirre.

What was the decision or holding in this case?

Certiorari was denied for this case.

2. Locate and review the case published at 299 U.S. 259 (1936). What is an appellate court’s duty when it appears upon appeal that a controversy has become entirely moot?

The Court stated that its duty is to set aside the decree below and to remand the cause with instructions to dismiss.

3. Locate and review the case published at 706 F. Supp. 2d 380. a. In which district court was this case decided?

The case was decided in the Southern District of New York. b. Review the information on page 385 relating to diversity. What did the court say was required in order to obtain jurisdiction in a diversity case?

The court stated, “In order to obtain diversity jurisdiction, there must be ‘complete diversity’ so that no adverse parties are citizens of the same state.”

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4. Locate and review the case published at 112 F.3d 1339. a. In which circuit was this case decided?

This case was decided in the Eighth Circuit. b. Review footnote 14. What did the court say with regard to the requirement to research thoroughly?

The court stated, “We remind litigants that they are expected to thoroughly research all issues included within briefs before this Court.”

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Internet Assignment for Chapter 2 1. Access the site for the U.S. Courts and answer the following questions. a. What is the address for the U.S. District Court for the Southern District of Florida?

The address is 400 N. Miami Avenue, Miami, Florida 33128. b. In what cities are the District Court of Nevada located?

Nevada’s District Court is located in Reno and Las Vegas. c. Federal Judge Martinez would like to assist the nonprofit organization Autism Speaks in planning its fund-raising efforts. Review the Code of Conduct for U.S. Judges and determine whether this is permissible. What Canon governs your answer?

Yes. Federal judges may assist nonprofit law-related, civic, charitable, educational, religious, or social organization in planning fund-raising activities. Canon 4(c). d. Review “Statistics and Reports” and then “Judicial Facts and Figures 2016.” How many cases were filed in the U.S. Courts of Appeal in fiscal year 2016?

Table 2.1 provides that 60,357 cases were filed in the U.S. CourtsToEf SATpB peAaN l iKnSfE isL caLl E yeRa. rC 20O1M 6 (excluding cases filed in the Federal Circuit).

2. Access the site for the National Center for State Courts and search for the state court structure charts. What is the maximum amount for a small claims case in Arizona, California, and Washington?

Arizona:

$3,500

California:

$10,000

Washington: $5,000 3. Access the site for the U.S. Supreme Court. Locate information about Supreme Court Justices. Which President appointed Chief Justice Earl Warren to the Supreme Court?

President Eisenhower appointed Earl Warren as Chief Justice.

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Research Assignment for Chapter 3 1. What title of the United States Code relates to Mineral Lands and Mining?

Title 30 2. Use U.S.C.A. and cite the title and section(s) that govern the following: a. Grants for local drug crises relating to opioids.

21 U.S.C.A. § 1536 b. Medicare kickbacks.

42 U.S.C.A. §§ 1320a-7 and 1320a-7b 3. Use either U.S.C.A. or U.S.C.S. and cite the title and section that govern the following: a. Damages for whistleblowing of air pollution.

42 U.S.C.A./U.S.C.S. § 7622 b. Parades at the Capitol.

40 U.S.C.A. § 5104; 40 U.S.C.S. § 5104, 5106, 5109 c. Research into TESTBANKSELLER.COM (or research centers for) chronic fatigue syndrome by the National Institute of Allergy and Infectious Diseases.

42 U.S.C.A./U.S.C.S. § 285f-1 4. Use the popular name tables as directed and cite the title and section for the following: a. Use U.S.C.A. and give the citation for the short title of the Motor Voter Law. 52 U.S.C.A. §§ 10101 note, 20501 note b. Use U.S.C.S. and give the citation for the Women’s Business Ownership Act of 1988.

41 U.S.C.S. § 417a 5. Use either U.S.C.A. or U.S.C.S. and give the citation for the Jacob J. Javits Gifted and Talented Students Education Act of 2001.

20 U.S.C.A. § 7253 (short title) 20 U.S.C.S. §§ prec. 7253, 7253 et seq.

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6. Use U.S.C.A. or U.S.C.S. Which statute defines “passport” and how is this word defined?

8 U.S.C.A./U.S.C.S. § 1101(30) defines passport as follows: The term “passport” means any travel document issued by competent authority showing the bearer’s origin, identify, and nationality, if any, which is valid for the admission of the bearer into a foreign country.

7. Use U.S.C.A. or U.S.C.S. Give the citation for the statute(s) that generally relate to marine sanctuaries.

16 U.S.C.A. § 1431 et seq.; 16 U.S.C.S. §§ 1431-1435(b).

8. Use U.S.C.A. or U.S.C.S. What is the term or time of a design patent? Which statute governs this issue?

35 U.S.C.A./U.S.C.S. § 173 provide that patents for designs shall be granted for 15 years from the date of grant.

[Note to Instructors: In U.S.C.A., the hardbound volume says “14 years.” The statute was amended; students can only get the right answer by using the pocket part. In U.S.C.S., the hardbound volume also states that the term is 14 years. The pocket part is a bit more difficult to understand, but it does state that the term is 15 years.

Thus, students can only get the right answer by using the pocket part for each set. TESTBANKSELLER.COM 9. Use U.S.C.S. Give the citation to the statute that relates to the crime of murder or manslaughter by poisoning.

18 U.S.C.S. § 3236 10. Use the U.S.C.A. volumes for the Constitution. Answer the following questions and cite the best case to support your answer. Give case names only. a. Under the Fourth Amendment (relating to “Consent Searches”), may a hotel clerk validly consent to the search of a guest’s room? Cite a 1972 case.

No. United States v. Goldenstein b. Under the Eighth Amendment (relating to “Prison Conditions”), do instances in which an inmate discovered insects, specifically, two cockroaches, in his food establish an Eighth Amendment violation?

No. Smith-Bey v. CCA/CTF [Note to instructors: This answer was located in the pocket part. Many other cases discuss insects in cells, etc., but this is the only case that specifically mentions two cockroaches in food.]

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11. Use U.S.C.A. a. Under 18 U.S.C.A. § 1028A, does forging another person’s signature constitute the use of that person’s name, thus qualifying as a “means of identification” under the aggravated identity theft statute? Answer the question and give the name of the best case that supports your answer.

Give the case name only.

Yes. United States v. Porter b. Give the public law designation for this statute.

Public Law 108-275, § 2(a) c. To which Key Numbers in the American Digest System are you directed?

False Pretenses 1-9; Sentencing and Punishment 566, 1851 Key Number System Topic Nos. 170, 350H 12.

Use U.S.C.S. a. Under 39 U.S.C.S. § 3009, were promotional compact discs (CDs) that were sent unsolicited from plaintiff to music industry insiders “unordered merchandise” within the meaning of the statute?

TeBcA Yes. UT MEGSR orN diKnS gsE, L InLcE . vR. .

AC uO guMsto [Note to instructors: This answer was located in the pocket part.] b. What encyclopedia are you directed to in order to better understand this statute?

54A Am. Jur. 2d Monopolies, Restraints of Trade, and Unfair Trade Practices § 1161 13.

Under 11 U.S.C.S. § 343, generally, may a debtor invoke his Fifth Amendment privilege to refuse to answer questions during a creditors’ meeting?

Yes. In re French.

14.

Locate the statutes for California. a. Which California statute imposes a duty on real estate brokers or salespersons to conduct a competent and diligent visual inspection of property offered for sale and to disclose material facts affecting the property?

Cal. Civ. Code § 2079

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b. Review the case annotations following the statute. Does the statute apply to commercial real estate transactions? Answer the question and cite a 1988 case that supports your answer. Give the case name only.

No. Smith v. Rickard c. Review the statutes in this Article. If a broker breaches his or her duty, what is the statute of limitations to bring an action against that broker?

In no event shall the time for commencement of an action exceed two years from the date of possession, which means the date of recordation, the date of close of escrow, or the date of occupancy, whichever occurs first. Cal. Civ. Code § 2079.4.

15.

Use U.S. Statutes at Large. a. What is the short title of Public Law 112-24?

Its short title is “An Act to extend the term of the incumbent director of the Federal Bureau of Investigation.” b. What was its designation in the Senate?

S. 1103.

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Use U.S. Statutes at Large. a. For whose relief was Private Law 111-2 enacted?

Hotaru Nakama Ferschke b. Briefly state the purpose of this private law.

The purpose was to grant permanent resident status for this person.

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Internet Assignment for Chapter 3 1. Access Congress.gov. Locate S. 292 introduced in the 115th Congress. a. What is the name of this legislation?

The name of the legislation is Childhood Cancer Survivorship, Treatment, Access, and Research Act of 2017 or the Childhood Cancer STAR Act. b. What is its Public Law number?

It is Pub. L. No. 115-180.

2. Access Congress.gov. Select “Members.” Who are the current senators from the State of New Jersey?

The senators are Cory A. Booker and Robert Menendez.

3. Access Congress.gov. Locate S. 4010 introduced in the 111th Congress. a. What is the title of this legislation?

The legislation is titled “For the relief of Shigeru Yamada.” b. Briefly, what was the purpose of this legislation?

The puTrE poSsT eB ofAtN hK e lSeE giL slL atEioRn.wCaOs Mdeclare that Shigeru Yamada be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence (upon filing an application for such). c. What is its Private Law number?

It was Private Law No. 111-1.

4. Access the website of the National Conference of State Legislatures. Select “Research,” then “About State Legislatures,” and then “Legislative Organization.” Indicate whether the following states have a full-time or a parttime legislature: Florida, Maine, and Pennsylvania.

Florida has a hybrid legislature; Maine has a full-time legislature; and Pennsylvania has a full-time legislature.

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5. Access GovInfo. a. Select the U.S. Code for the most current year. Locate 25 U.S.C. § 305(e).

What is the definition of “Indian”?

The term “Indian” means an individual that (A) is a member of an Indian tribe; or (B) is certified as an Indian artisan by an Indian tribe. b. Review the Compilation of Presidential Documents. What presidential proclamation was issued on May 18, 2018? Give the proclamation number and its purpose.

This presidential proclamation (Proclamation No. 9753) declared the third Saturday of each May as Armed Forces Day. c. Browse U.S. Statutes at Large, Volume 125, and review for bills enacted into law. Review the details for 125 Stat. 747. What is the U.S. Code citation for this public law?

8 U.S.C. § 1186a 6. Access the Local Civil Rules for the Eastern District of Texas district court.

Review Local Rule CV-7. What is the maximum length for a case dispositive motion?

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Case dispositive motions shall not exceed 30 pages.

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Sample Case Brief for Chapter 4 [Other forms and styles are also acceptable.]

[Note to Instructors: Lexis Advance has selected this case as a “Law School Case Brief,” so you may need to verify that your students prepare their own case briefs and do not simply use the one provided by Lexis Advance.]

Note to Instructors: This case is not particularly complex in its facts or holding. Its reasoning, however, is somewhat nuanced and requires students to understand the development of the Court’s approach to the Fourth Amendment from an exclusively property-based approach to the addition of (but not substitution for) a reasonable expectation of privacy test. Students should also note that the search was warrantless because the government had not complied with the timing and location requirements of the warrant that had been issued.

United States v. Jones, 565 U.S. 400 (2012) Facts The government obtained a warrant to attach and use a global-positioning system (“GPS”) device to a car registered to the wife of Antoine Jones (“Jones”) and monitored the vehicle’s movements. The warrant, however, was improper in that it was not executed within its time limits or within the appropriate jurisdiction. The government then secured an indictment against Jones on drug conspiracy charges. Jones moved to suppress the GPS data obtained. The motion was denied in part, and Jones was convicted by a jury.

Issue Does the attachment of a GPSTdEeS viTceBtAoNaK nS inE diLvL idE uaRl’.s CvO ehMicle and use of it to monitor the vehicle’s movement without a proper warrant constitute a search or seizure within the meaning of the Fourth Amendment?

Brief Answer Yes. When the government obtain information by physically intruding on a constitutionally protected area, a search occurred for which a proper warrant was required.

Procedural Background The district court granted Jones’s motion to suppress in part (suppressing only the data obtained while the vehicle was parked adjoining Jones’s residence and not the data obtained when the vehicle was on public thoroughfares). The U.S. Court of Appeals for the District of Columbia Circuit reversed the conviction, holding that the evidence obtained by the warrantless use of the GPS device violated the Fourth Amendment. The U.S. Supreme Court affirmed.

Reasoning The Fourth Amendment protects the right of people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures. Jones’s car was an “effect” as that term is used. For many years, the test to determine whether a search had occurred under the Fourth Amendment was whether a property right had been violated by a trespass. Since Katz v. United States, 389 U.S. 347 (1967), the Court has held that a violation of the Fourth Amendment occurs when the government violates a person’s 231

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reasonable expectation of privacy. In this case, the Court held that the Katz expectation of privacy test did not eliminate its prior common-law trespass test but merely added to it. A search thus occurs if the police trespass on a constitutionally protected area even if the trespass does not violate the property owner’s reasonable expectation of privacy.

Although Jones had no reasonable expectation of privacy in the location of his vehicle on public roads, the government physically occupied private property (the car) for the purpose of obtaining information. Such is a search that requires a valid warrant. (The Court also noted that the government had forfeited its alternative argument that the attachment and use of the GPS device was a reasonable search because that argument had not been raised below.)

Holding Affirmed. The government’s installation of a GPS on a target’s vehicle and use of that device to monitor the vehicle’s movements constituted a search under the Fourth Amendment, for which a warrant was required.

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Research Assignment for Chapter 4 1. Give the name of the case located at 262 P.3d 581.

People v. Vang 2. Review 153 P.3d 1049. a. Give the name of the case.

In re James P. b. Review the case synopsis or background. Briefly describe this case.

A juvenile was adjudicated a delinquent in Superior Court for assault and child molestation involving two victims. c. What topic name and key number have been assigned to headnote 9?

Infants 13 d. Look up the topic name and key number in the Key Number Digest in the back of the volume. What is the first case to which you are directed?

The first case is this case, namely, In re James P. 3. Use the North Western Reporter. a. Give the name of the case located at 806 N.W.2d 118.

Murray v. UNMC Physicians b. Give the parallel citation for the case.

282 Neb. 260 noSteT5BdAiN scK usSsE ? LLER.COM c. What does heaTdE It discusses health (specifically, it defines malpractice as a failure to use ordinary case). d. How does page 264 of the parallel Nebraska Reports begin?

It begins “dictate what doctors do” 4. Review 4 A.3d. a. Give the citation to a New Jersey court case in this volume in which the plaintiff’s name is Lee. Lee v. Carter-Reed Co., 4 A.3d 561 (N.J. 2010) b. Use the Table of Words and Phrases in this volume. i. Which case construes the term “implied authority”?

Ackerman v. Sobol Family Partnership, 4 A.3d 288, 298 Conn. 495 (2010). ii. Review the case that construes the term “implied authority.” How many headnotes are in this case?

The Ackerman case has 46 headnotes.

5. Use the Southern Reporter. a. Give the name of the case located at 74 So. 3d 447.

Ex Parte T.J.

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b. Review the Background for this case. Briefly describe this case.

The case involves a man seeking custody of a child. He petitioned for a writ of mandamus from an order of the Juvenile Court requiring genetic testing to determine paternity.

6. Review 553 S.E.2d 314. a. Who was the attorney for the appellant in this case?

Elizabeth M. Grant b. Which judges concurred? Give their full (first and last) names.

Presiding Judge Gary B. Andrews and Judge M. Yvette Miller 7. Review 850 N.E.2d. a. Use the parallel citation tables. What are the parallel citations for 338 Ill. App. 3d 745?

789 N.E.2d 436 273 Ill. Dec. 536 b. Use the Key Number Digest in the back of the volume. Which Indiana Court of Appeals case discusses topic and key number Attorney & Client 105.5?

Clary v. Lite Machines Corp., 850 N.E.2d 423 8. Review 354 S.W.3d. TESTBANKSELLER.COM a. Who was the Chief Justice of the Texas Supreme Court for the period covered by this volume?

Wallace B. Jefferson b. Use the Table of Cases Reported. Give the citation for the case in this volume in which the defendant’s name is Nye. Sweed v. Nye, 354 S.W.3d 823 (Tex. App. 2011) 9. Use the Federal Supplement. a. Give the name of the case at 801 F. Supp. 2d 465.

ActiveVideo Networks, Inc. v. Verizon Communications, Inc. b. Which specific district court decided this case?

Eastern District of Virginia c. How many headnotes does the case have?

There are 31 headnotes. d. What is the docket number of this case?

The docket number is Civil Action No. 2:10cv248.

10. Use the Federal Reporter. a. What is the name of the case located at 432 F.3d 1333?

Betty K. Agencies, Ltd. v. M/V Monada b. Who or what is the named defendant?

The defendant is a cargo vessel.

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11. Use the Federal Reporter. a. Give the name of the case located at 879 F.3d 855.

United States v. $579,475.00 in United States Currency b. Briefly describe the case.

The case involved the seizure of two boxes containing $579,475.00 in U.S. currency by the Arkansas State Police. The government sought forfeiture of the currency, believing it to be drug money.

12. Use the Federal Appendix. a. What is the name of the case located at 450 F. App’x 722?

Bradley v. Suthers b. What words or instructions are given before the case name?

“This case was not selected for publication in the Federal Reporter.”

13. Locate the case at 568 U.S. 1401. a. In what capacity did the author of the opinion act?

Justice Sotomayor acted as Circuit Justice. b. Briefly describe this case and give its result.

The Applicant corporations requested an injunction banning the enfToE rcSem enAtNoK fH eaLltLhERRe. soCuO rcMes Services Administration TB SE guidelines of the Patient Protection and Affordable Care Act (contending that requiring their group health plans to cover approved contraceptive measures was contrary to their religious beliefs and thus violated the First Amendment and the Religious Freedom Restoration Act). The application for an injunction was denied.

14. Locate the case at 505 U.S. 577. Give the date of argument and the date of decision for this case.

Argument: November 6, 1991; Decision: June 24, 1992.

15. Locate the case at 569 U.S. 58. What type of opinion is this case?

This is a per curiam opinion.

16. Locate the case at 200 L. Ed. 2d 449. a. When was this case decided?

This case was decided on April 2, 2018.

[Note to Instructors: This case is likely published in an advance sheet.] b. What is the topic of the first headnote?

The topic is “Deadly force – probable cause.”

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c. On which page of the case is the first headnote discussed?

Page 453 17. Locate the case at 136 S. Ct. 1034. a. Give the name of the case.

Montana v. Wyoming b. What type of jurisdiction did the U.S. Supreme Court exercise in this case?

The Court exercised original jurisdiction.

18. Locate the case at 124 S. Ct. 1256. How does page 682 of the parallel United States Reports begin?

It begins “showed [Banks] is a danger ....... ” 19. Locate the case at 180 L. Ed. 2d 374. How does page 349 of the parallel United States Reports begin?

It begins “class members.”

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Internet Assignment for Chapter 4 1. Access the U.S. Supreme Court website and locate “Opinions.” a. Select “Opinions of the Court” and select Term Opinions of the Court for 2017. Locate the case with the docket number 16-111. i. What is the name of this case?

Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission ii. In which volume of the United States Reports will it be published?

It will be published in volume 584. b. Select “In-Chambers Opinions” and review the case with the docket number 12A644. i. What is the name of this case?

Hobby Lobby Stores Inc. v. Sibelius ii. Identify the Justice with whom this case was filed and in what capacity it was filed.

This case was filed with Justice Sotomayor as Circuit Justice for the Tenth Circuit. iii. What relief was sought? Was the relief sought granted?

This case was an application for an injunction pending appellate review. It was denied.

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2. Access the U.S. Supreme Court website and review the Chief Justice’s Year-End Report on the Federal Judiciary for 2017. What was the percentage decrease in total cases filed in the regional courts of appeal for the 12-month period ending September 30, 2017?

The decrease was 16 percent.

3. Locate North Carolina Rules of Appellate Procedure Rule 30(e). What does it provide?

North Carolina Rule of Appellate Procedure 30(e) provides that “in order to minimize the cost of publication and of providing storage space for the published reports, the Court of Appeals is not required to publish an opinion in every decided case. If the panel that hears the case determines that the appeal involves no new legal principles and that an opinion, if published, would have no value as a precedent, it may direct that no opinion be published.”

4. Access the site www.washlaw.edu (Washburn University School of Law). Select “Kansas” and review decisions of the Kansas Supreme Court. Locate the case released June 14, 2018. a. What is the name of this case?

In re Logan

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b. Briefly describe the nature of this case.

This case ordered that Mark Logan be disbarred from the practice of law in Kansas.

5. Access Google Scholar and search for cases relating to disparaging trademarks. a. Give the name and the citation for the first case to which you are directed.

In re Tam, 808 F.3d 1321 (Fed. Cir. 2015) b. How many cases have cited this case?

At the time of the writing of the text, the case had been cited by 159 cases.

6. Review Minnesota Statute section 4801.08. What is the effect of an unpublished opinion of the Minnesota Court of Appeals?

Unpublished opinions of the Court of Appeals are not precedential.

Unpublished opinions must not be cited unless the party citing the unpublished opinion provides a full and correct copy to all other counsel at least 48 hours before its use in any pretrial conference, hearing, or trial (and it must be provided to all other counsel).

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Assignment for Chapter 5 Unless otherwise directed, give case names only rather than full citations.

1.

Use the Table of Cases for the Eleventh Decennial Digest, Part 1. a. Under which topic and Key Numbers is the case Ramsburg v. Target Stores, Inc. digested?

Explos 12; Mast & S 303; Work Comp 283, 287, 345, 2084, 2161, 2165 b. Give the citation to the case in which the defendant’s name is Woltin.

765 So. 2d 279

2.

Use the Descriptive Word Index to the Eleventh Decennial Digest, Part 1. a.

Which topic and Key Number generally discuss pretrial publicity as a ground for challenges to jurors for cause?

Jury 100

b.

Look up this topic and Key Number in the Eleventh Decennial Digest, Part 1. Which 1991 case from South Carolina discusses this?

State v. Robinson

3.

Use the Descriptive Word Index to the Tenth Decennial Digest, Part 2. a.

Which topic anTdEK erEdL isL cuEsR s a.uCthOoM rity of a trial court to order a SeTyBNAuNmKbS physical exam in a divorce proceeding?

Divorce 86

b.

Look up this topic and Key Number in the Tenth Decennial Digest, Part 2.

Which 1996 Indiana Court of Appeals case discusses this general topic?

L.D.H. v. K.A.H.

c.

Which 1999 Indiana Court of Appeals case updates this general topic?

Cochran v. Cochran

4.

Use the Descriptive Word Index to West’s set Federal Practice Digest, 4th Series. a.

Which topic and Key Number generally discuss waste of corporate property, funds, and securities by corporate directors?

Corps & Bus Orgs 1862

b.

Review this topic and Key Number. Which 2010 case from the District of Connecticut held that under Delaware law, the test for corporate waste is a stringent one?

McCrae Associates, LLC v. Universal Capital Management Inc.

c.

Review the case. Which headnote discusses this specific issue?

Headnote 20 239

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5.

Use the Words and Phrases volumes for West’s set Federal Practice Digest, 4th Series. What is the most recent case from the U.S. Court for the District of Kansas to construe the term “typicality”?

Sibley v. Sprint Nextel Corp. (D. Kan. 2008) [Note to Instructors: This answer might be found in the pocket part.]

6.

Use West’s set United States Supreme Court Digest. a.

What is the most recent case that interprets the term “prevailing party”?

Lafemine v. Wideman

b.

Give the citation to the case Grogan v. Garner.

111 S. Ct. 564, 498 U.S. 279, 112 L. Ed. 2d 755

7.

Use the Pacific Digest. a. Generally, what topic and Key Number discuss degrees of arson?

Arson 12 b. Review this topic and Key Number. What 2013 Wyoming Supreme Court case discusses this topic?

Montee v. State c. Use the Words and Phrases volumes for this set. What 2005 New Mexico Court of A p p eTa lEs S caTseBcAoN nsKtrSuE esLtL heEtR er. mC“OdM rug paraphernalia”?

State v. McWhorter

8.

Use the Table of Words and Phrases for West’s California Digest, 2d Series. a.

What 2010 California Court of Appeals case interprets the meaning of the phrase “alter ego doctrine”?

Grotenhuis v. County of Santa Barbara

b.

Under what topic and Key Number is the case digested?

Corps and Bus Orgs 1037

9.

Use the Descriptive Word Index for West’s California Digest, 2d Series. What topic and Key Number discuss degrees of arson?

Arson 12 [Note to Instructors: This question demonstrates that Topics and Key Numbers are consistent from one set of digests to another, namely, in both the Pacific Digest and the California Digest, 2d.

10.

Use the A.L.R. Quick Index and answer the following questions. a.

Which annotation deals with liability for injury to children caused by fireworks or firecrackers?

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b.

Review the annotation. i.

Who is the author?

Jay M. Zitter

ii.

Review the Research References. What Am. Jur. Proof of Facts reference are you directed to that generally discusses this topic?

24 Am. Jur. Proof of Facts 1

iii.

Review Section 31. What is the most recent case that discusses this topic?

Plumitallo v. County of Nassau (2013) [found in pocket part]

11.

Use the A.L.R. Quick Index and answer the following questions. a.

What annotation deals with First Amendment protection afforded to cartoons, comic books, and comic strips?

118 A.L.R.5th 213

b.

Review the annotation. Which Texas case is cited in the annotation?

Castillo v. State

12.

Review the annotation at 104 A.L.R.6th 97. a.

What is its titleT?ESTBANKSELLER.COM “Products Liability: Clothes Washing Machines”

b.

Which section in the annotation discusses the Restatement Second of Torts § 400?

Section 9 13.

Review the annotation at 10 A.L.R.7th Article 4. a.

What is its title?

“Hearsay Objections to Admission of Text Messages or Testimony Thereof.”

b.

What section in the annotation discusses impeachment?

Section 26

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14.

15.

16.

Use the A.L.R. Federal Quick Index. a.

What annotation deals with the first sale doctrine in copyright law?

75 A.L.R. Fed. 2d 387 b.

Review Section 10 of the annotation. What case held that children who were lawful owners of a CD were entitled to sell or dispose of it without authorization?

Collins v. Volz (2012) Use the A.L.R. Table of Cases for A.L.R.5th and A.L.R.6th. a.

In which annotation is the case Smolders v. State discussed?

32 A.L.R.6th 1, § 11 b.

Review the annotation. What is the general subject matter of the annotation?

The annotation discusses what constitutes “custodial interrogation” within the rule of Miranda v. Arizona. c.

On which page of the annotation is the Smolders case discussed?

Pages 115-16 Use West’s set Words and Phrases. What is the most recent case that construes the meaning of the term “reprisal”?

Miles v. Northcott Hospitality Intern, LLC (D. Minn. 2013) [This case appears in the pocket part. In the hardbound volume, the most recent case is from 1989.]

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Internet Assignment for Chapter 5 1. Access the website for the law library for the UCLA School of Law. Select “LibGuides” and then “How to Find a Case by Name or Topic Using Print Sources.” If you are attempting to find a case by topic, how do you start your research?

To start your research, begin with the Descriptive Word Index at the end of the Digest you have selected.

2. Access the law library for Stanford Law School. Select “Research Guides,” “Using the West Key Number System,” and “Key Number System – A Digest.”

How many subtopics are there in West’s Key Number System?

There are approximately 100,000 subtopics in the Key Number System.

3. Access the website for Harvard Law School Library. Select “Research Guides” and then “Secondary Sources.” What is A.L.R.?

A.L.R. contains in-depth articles on narrow topics of the law.

4. Access the website for the Thurgood Marshall School of Law Library. Select “Legal Research Guides-Pathfinders” and review the information on A.L.R. What is the first step to conduct research in A.L.R.?

The first step TisEtS oT coBnAsuNlK t tShE eL AL .LE.R R..ICndOeMx. 5. Access the website for Thomson Reuters at http://legalsolutions.thomsonreuters.com/law-products. a. Search for “Words and Phrases.” Are definitions in this set classified to the Key Number System?

Yes. Definitions in this set are also classified to the West Key Number System. b. Search for the most recent “Pacific Digest, 2d.” How is this set supplemented?

Each volume is supplemented by a pocket part and the full set is supplemented by interim pamphlets.

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Research Assignment for Chapter 6 1. Use Am. Jur. 2d. a. Which title and section generally deal with punitive damages for wiretapping?

Searches 466 b. Review the section. Which topic and Key Number relate to this area of law?

Telecommunications 1451 c. Which 2009 Iowa case indicates that to recover punitive damages one must prove at least a voluntary, intentional disregard of a known legal duty? Give the case name only.

Phi Delta Theta Fraternity v. State, University of Iowa 2. Use Am. Jur. 2d. a. Which title and section generally deal with the battered woman defense in homicide cases?

Homicide 144 b. Review the section. Does the fact that the decedent, the defendant’s husband, physically abused the defendant in the past, standing alone, give rise to a justification defense? Answer the question and cite a case (give case name only) that supports your answer.

No. People v. Stamen

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3. Use the Am. Jur. 2d Table of Laws and Rules. Which topic and sections of Am. Jur. 2d discuss 30 U.S.C.A. § 189?

Gas and Oil 245 4. Use C.J.S. a. Give a short summary of the definition of the word “nuisance.”

Am. Jur. 2d Nuisance § 1 provides as follows: “Literally, ‘nuisance’ means ‘annoyance,’ and in its broadest sense, it is that which annoys or gives trouble or vexation, that which is offensive or noxious; anything that works hurt, inconvenience, or damage.” [The black letter definition indicates that “in legal phraseology, it applies to that class of wrongs which arise from the unreasonable, unwarrantable, or unlawful use by a person of his or her own property, real or personal ....... ”] b. Which topic and section generally discuss damages for injuries by dogs to persons?

Animals 377 c. Read the section in Part b. above. If one acts reasonable under all the circumstances, such as if one acts in self-defense, can a dog owner raise the defense of contributory negligence? Answer the question and cite a case (give case name only) that supports your answer.

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No. Mercadel v. Phoenix of Hartford Ins. Co. d. To which topic and Key Number are you directed by the section in Part c. above?

Animals 66.5(4) 5. Use Am. Jur. Proof of Facts (3d). a. Give the citation to an article relating to negligence hiring by health clubs and gymnasiums.

40 POF3d 111, § 7 b. Locate the article. Which case (give the case name only) discussed the negligence of a physical education teacher who moved back and forth between two rooms to supervise students who were using machines and free weights?

Murphy v. Fairport Cent. Sch. Dist.

[Note to instructors: This reference to this 2008 case may appear in the pocket part.]

6. Use N.Y. Jur. 2d. Use the Table of Cases. Give the citation to Tedesco v. Niagara Mohawk Power Corp.

142 AD 932, 530 NYS2d 357 7. Give the title and a u t hTo E r oSfTthBeAW co.mCmOeM nt located at Volume 60 (Issue NiKntSerE2L0L17ER 2) of the Howard Law Journal.

Drop the Phone and Step Away from the Weapon: The First Amendment, the Camera Phone, and the Movement for Black Lives by Valecia J. Battle 8. Locate 60 S.C. L. Rev. 617 (2009). a. What is the title of the article?

Community Reinvestment Act b. Who is the author and with what school is he affiliated?

The author is Raymond H. Brescia and he is affiliated with Albany Law School (as a Visiting Assistant Professor). c. What section is discussed on page 627 of the article?

Section III: The CRA: History, Purpose, and Impact

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9. Use the treatise Collier on Bankruptcy (16th ed.) a. What section or paragraph generally discusses partial discharge of educational loans?

4:523.14[5] b. Review this section and surrounding ones. After 1998, what is the sole basis for discharging an educational loan or benefit?

After 1998, the sole basis for discharging an educational loan or benefit is “undue hardship.” c. Use the Table of Cases for this treatise. Give the citation to the case Horne v. Humphreys.

588 B.R. 764 (Bankr. S.D. W. Va. 2016) 10. Locate the treatise McCarthy on Trademarks and Unfair Competition. a. Use the Table of Cases and give the citation for Taco Bell Corp. v.

Continental Casualty Co. 388 F.3d 1069 (7th Cir. 2004) b. Use the Table of Laws and Rules. Which section in the set discusses Arizona Statute section 13-3703?

SectionTE 19S:7T9BnA. N 3 KSELLER.COM c. Use the Index to the set. What section relates to sound trademarks?

7:104 d. Review the section in Part b. above. What is the first example given of a registered sound trademark?

The first bullet identifies NBC’s three-note chime.

11. Locate the Restatement (Third) of Trusts. a. What section discusses a trustee’s duty of prudence?

Section 77 b. Review the Comments to this Restatement provision (for subsection 1 and 2, Comment (c)). Will a trustee’s lack of awareness or understanding of the terms of a trust normally excuse a trustee from liability?

No. c. Review the cases interpreting Comments b-d. Which 1999 Ohio case held that lack of expertise in a specialized area is not the equivalent of unsuitability? Give the case name only.

Estate of Tyler

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Internet Assignment for Chapter 6 1. Access the website for Georgia State University Law Library. Select “Research Guides” and then “Introduction to Legal Research.” Why are secondary sources valuable?

Secondary sources are valuable because they can provide an overview of a particular area of the law, introducing key terminology and providing citations to important primary source materials.

2. Access the Law Review Commons. a. Select the Chicago-Kent Law Review. Using the search boxes, locate an article published in 2016 by Raquel Aldana. Give the citation to the article.

Raquel Aldana, Congressional Dysfunction and Executive Lawmaking During the Obama Administration, 91 Chi.-Kent L. Rev. 3 (2016). b. Using the general search boxes at the Law Review Commons site, locate a 2016 law review article written by an author whose last name is Abrams.

Give its citation.

Douglas E. Abrams, References to Television Programming in Judicial Opinions and Lawyers’ Advocacy, 99 Marq. L. Rev. 993 (2016).

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3. Locate 12 Nev. L.J. 787 (2012). Review page 789. T o w h a t does the term stare decisis refer?

Stare decisis refers to the practice of a court deferring to some set of precedent for an institutional reason (in contrast to considering an issue afresh).

4. Use the Law Review Commons website. Locate a recent article in the Fordham Law Review related to “doxing” (the malicious online publication of one’s personal information). Give the title of the article, its citation, and its author.

Julia M. MacAllister, The Doxing Dilemma: Seeking a Remedy for the Malicious Publication of Personal Information, 85 Fordham L. Rev. 2451 (2017).

5. Access the website for Washington and Lee Law School Library. Locate “Law Journal Rankings.” Sort the table by “Journal Cites” and review the information for 2017. a. What were the three most frequently cited law reviews?

The three top-cited law reviews were Harvard, Yale, and Columbia. b. What law review is listed tenth?

The Minnesota Law Review is listed tenth.

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c. How many times was the Texas Law Review cited?

The Texas Law Review was cited 3,646 times in 2017.

6.

Access the website for the American Law Institute. a. Review the information relating to the Restatement (Third) of Agency. In which volume is termination of an agent’s power discussed?

Termination of an agent’s power is discussed in Volume One. b. Selection “Publication FAQ.” How do Principles of the Law differ from Restatements of the Law? Restatements are primarily addressed to courts. They aim at clear formulations of common law and its statutory elements or variations and reflect the law as it presently stands or might appropriately be stated by a court. Principles are primarily addressed to legislatures, administrative agencies, or private actors. They can, however, be addressed to courts when an area is so new that there is little established law.

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Research Assignment for Chapter 7 1. Use Black’s Law Dictionary (10th ed. 2014). a. What is the definition of “deliberate speed”?

“Deliberate speed, with all: as quickly as the maintenance of law and order and the welfare of the people will allow, especially with respect to the desegregation of public schools.” b. Review the definition. To which case are you directed?

Brown v. Board of Education, 347 U.S. 483 (1954) c. What does the legal expression causa patet mean?

Causa patet means “the reason is obvious.”

2. Use Am. Jur. Pleading and Practice Forms Annotated. a. Which general form relates to a complaint by an employee for discharge in retaliation for refusal to submit to drug testing?

MasterSer 53 b. Review the form. What does Paragraph 14 allege?

Paragraph 14 alleges that defendant employer’s termination of plaintiT ffE ’sSeT mBpA loN ym enEtLfoLrErR ef.uC siO ngMto submit to drug testing KS constituted a wrongful termination in violation of the public policy of the state of . c. To which topic and Key Number are you directed?

Labor and Employment 758 3. Use Am Jur. Legal Forms 2d. a. Which form provides a clause for an agreement in a will not to revoke or change the will?

266:32 b. Review the will clauses. What does Section Two allege?

Section Two alleges the following: “Promisee, in consideration of the promise of testator not to revoke or change [his/her] will during [his/her] lifetime, agrees to [description of acts to be performed]. c. Review the Notes to the form. What tax notes are given?

“For tax implications of wills, generally, see Federal Tax Guide to Legal Forms, Trusts and Estates §§ 3:105 et seq.”

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4. Use West’s Legal Forms. a. Which form provides a detailed drug and alcohol testing policy?

Employment § 1.56 (Volume 24A) b. Review the policy. May a company require applicants who have received a conditional offer of employment to be tested?

Yes 5. Use Uniform Laws Annotated (West’s Master Edition). Locate the Uniform Transfers to Minors Act. a. Has the Act been adopted in Kansas? If so, give the citation.

Yes. K.S.A. §§ 38-1701 to 38-1726. b. What is the general topic of Section 20?

Termination of Custodianship c. Has Georgia changed the official text of this section? If so, briefly describe.

Yes. In the introductory paragraph, Georgia substitutes “earliest” for “earlier.” In subdivision (2), Georgia substitutes “majority under the laws of this state other than this article” for the bracketed material in Section 20.

LEriRgh.tCanOdMMiller.

6. Use Federal Practice T anEdSPTrB ocAeN duKrS eE byLW a. Which section relates to oral requests for jury instructions in civil cases?

Section 2552 b. Review the section. Must the trial court instruct the jury before counsel make final summations to the jury?

“The rule, after the 1987 amendments, authorizes the trial court to instruct the jury at its own election either before or after counsel make their final summations to the jury.”

[Note to instructors: This answer is in the pocket part to the volume.]

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Internet Assignment for Chapter 7 1. Access the website of the Department of Justice Office of Legal Counsel at www.justice.gov/olc/opinions. a. Which Memorandum Opinion was issued on July 27, 2018?

The Scope of State Criminal Jurisdiction over Offenses Occurring on the Yakima Indian Reservation b. Who requested the Opinion?

The opinion was requested by the Principal Deputy Solicitor of the Department of the Interior. c. What conclusion was reached?

The conclusion reached was that, under the proclamation making a partial retrocession, Washington has retained criminal jurisdiction over an offense on the Yakama Reservation when the defendant or the victim is a non-Indian, as well as when both are non-Indians.

2. Access Law.com’s legal dictionary. Give the definition of the term en banc.

En banc signifies a decision by the full court of all the appeals judges in jurisdictions where there is more than one three- or four-judge panel. The larger number sit in judgment when the court feels there is a particularlyTESTBANKSELLER.COM significant issue at stake or when requested by one or both parties to the case and agreed to by the court.

3. Access the website Martindale.com. An attorney named Randall G. Walters is with the Dallas firm Walters, Balido & Crain. Where did Mr. Walters attend law school, and how many cases in Texas has he tried to jury verdict?

Mr. Walters attended Baylor University School of Law. He has tried to jury verdict over 200 civil litigation cases throughout Texas.

4. Access the website for the Uniform Law Commission. Access the Uniform Probate Code. a. Is the Code enacted in Pennsylvania?

Yes. b. Review Article 2. If there is no taker under the provisions of Article 2, to whom does the intestate estate pass?

If there is no taker under the provisions of Article 2, the intestate estate passes to the state.

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5. Access the website for the U.S. Court of Appeals for the Seventh Circuit. Review the Pattern Jury Instructions for civil cases. What three elements must a plaintiff prove to prevail on a claim for false arrest?

The plaintiff must prove the following: 1. Defendant arrested Plaintiff. 2. The Defendant did not have probable cause to arrest Plaintiff. 3. Defendant acted under color of law.

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Assignment for Chapter 8 – Citation Form Exercise There is at least one thing wrong with each fictitious citation below. Correct the citations using the current edition of The Bluebook. You may need to supply missing information such as dates and volume numbers. Punctuation is not needed after the citations. Assume you are preparing a memorandum in your office, and unless otherwise indicated, assume that the citations appear in textual sentences rather than as stand-alone citations. There is no need to include “pinpoints,” unless otherwise directed.

1. Jennifer Franklin v. the Federal Communications Commission, a U.S. Supreme Court case decided in 2012, at page 140 of volume 562.

Franklin v. FCC, 562 U.S. 140 (2012).

2. Use the id. format to cite page 148 of the case in Question 1.

Id. at 148.

3. Devon Township v. Thomas and Leigh O’Neill, a case from the Eleventh Circuit Court of Appeals decided in 2015 at volume 903 of the appropriate reporter, page 661.

Devon Township v. O’Neill, 903 F.3d 661 (11th Cir. 2015).

4. For the preceding case, show that the U.S. Supreme Court affirmed the decision in 2014.

Devon Township v. O’Neill, 903 F.3d 661 (11th Cir. 2015), aff’d, xxx U.S. xxx (2014T)E . STBANKSELLER.COM 5. Discount Marketing Association v. Woods, a 2010 case reported at volume 120 of the Federal Supplement, Third Series, at page 406, with a quotation on pages 410411, decided by the Eastern District of North Carolina.

Discount Marketing Ass’n v. Woods, 120 F. Supp. 3d 406, 410-11 (E.D.N.C. 2010).

6. For the preceding case, show that the Fourth Circuit Court of Appeals reversed the decision in 2010.

Discount Marketing Ass’n v. Woods, 120 F. Supp. 3d 406, 410-11 (E.D.N.C.), rev’d, xxx F.3d xxx (4th Cir. 2010).

[Note to Instructors: Per Bluebook Rule 10.5(d), when subsequent history occurs in the same year as the year of the case decision, include the year only with the last-cited decision.]

7. Victoria Lyons v. Harrison Development Limited, a 2016 Oregon Court of Appeals case, at volume 703, page 190.

Lyons v. Harrison Development Ltd., xxx P.3d xxx (Or. Ct. App. 2016).

8. State vs. Perkins Brothers, a 2007 California Supreme Court case published at volume 903, page 16.

State v. Perkins Bros., 903 P.3d 16 (Cal. 2007).

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9. Jon and Lisa Finch v. Harper Limited, a 2005 Georgia Supreme Court case at volume 403, page 909. Assume that a court requires parallel citations.

Finch v. Harper Ltd., xxx Ga. xxx, xxx S.E.2d xxx (2005).

10. Title 11, section 301 of the United States Code.

11 U.S.C. § 301 (2012).

11. Sections 401-404 of New York’s Business Corporations Law. N.Y. Bus. Corp. Law §§ 401-404 (Publisher year).

12. Section 8-1-104 of Colorado’s Revised Statutes (LexisNexis).

Colo. Rev. Stat. § 8-1-104 (year).

13. Federal Rule of Evidence 411.

Fed. R. Evid. 411.

14. Restatement, Second, of Trusts, section 75.

Restatement (Second) of Trusts § 75 (Am. Law Inst. year).

15. Volume 4 of Emily S. Davidson’s 2014 treatise “Education Law,” section 3.01, third edition.

4 Emily S. Davidson, Education Law § 3.01 (3d ed. year).

16. A law review article authored by Lindsey T. Young and William M. Michaels, Jr., entitled “Pleading PunTitE ivSeTDBaA mN agKeS s,E ”L p uLbEl i sRh.e dC iOn Mv o l u m e 59, page 590, of the William and Mary Law Review, with a quotation on pages 598-601.

Lindsey T. Young & William M. Michaels, Jr., Pleading Punitive Damages, 59 Wm. & Mary L. Rev. 590, 598-601 (year).

[Note to Instructors: Because there are no repetitive digits for the pincites, no digits can be dropped.]

17. Show how to cite the definition of “hearsay” in Black’s Law Dictionary.

Hearsay, Black’s Law Dictionary (10th ed. 2014).

18. Show that the Supreme Court case discussed in Question 1 was decided 6-3 and held that a trust is a legal arrangement created by a settlor in which a trustee holds property as a fiduciary for one or more beneficiaries.

Franklin v. FCC, 562 U.S. 140 (2012) (holding that a trust is a legal arrangement created by a settlor in which a trustee holds property as a fiduciary for one or more beneficiaries).

19. Show that Justice Elena Kagan concurred in the decision in the Supreme Court case in Question 1.

Franklin v. FCC, 562 U.S. 140 (2012) (Kagan, J., concurring).

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20. Show how to cite page 145 of the Supreme Court case in Question 1 as a short form (assuming that you cannot use id.).

Franklin, 562 U.S. at 145 562 U.S. at 145.

21. Show how to cite section 4.12 of the treatise in Question 15 as a short form (assuming you cannot use id.).

Davidson, supra, § 4.12.

22. Show how to present the following case name if you were presenting it in a textual sentence: Digital Development Associates v. Northern Investors Group of America.

Digital Development Associates v. Northern Investors Group of America 23. Show how to present the following case name if you were presenting it in a “stand-alone” citation: Digital Development Associates v. Northern Investors Group of America.

Dig. Dev. Assocs. v. N. Inv’rs Grp. of Am. 24. Your original quotation from the case in Question 1 reads as follows: “A prisoner's inability to present a claim of trial error is of particular concern when the claim is one of ineffective assistance of counsel appointed by the court.” a. Show how to emphasize the word “particular.”

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“A prisoner's inability to present a claim of trial error is of particular concern when the claim is one of ineffective assistance of counsel appointed by the court.” Franklin v. FCC, 562 U.S. 140 (2012) (emphasis added). b. Show how to omit the words “of trial error.”

“A prisoner's inability to present a claim . . . is of particular concern when the claim is one of ineffective assistance of counsel appointed by the court.” c. Show how to omit the words “appointed by the court.”

“A prisoner's inability to present a claim of trial error is of particular concern when the claim is one of ineffective assistance of counsel ” d. Show how to insert the word “valid” before “claim of trial error.”

“A prisoner's inability to present a [valid] claim of trial error is of particular concern when the claim is one of ineffective assistance of counsel appointed by the court.”

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25. Show how to cite an article found on SCOTUSblog entitled “Chief Justice Roberts Emphasizes Supreme Court’s Independence,” written by Andrew Hamm and posted October 17, 2018.

Andrew Hamm, Chief Justice Roberts Emphasizes Supreme Court’s Independence, SCOTUSblog (Oct. 17, 2018, 9:53 AM), http://www.scotusblog.com.xxx).

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Assignment for Chapter 8 – Memorandum Exercise There are numerous errors in the citations in the following passage. Correct the citations using the current edition of The Bluebook. You may need to supply missing information.

[Note to Instructors: Bold face type shows where changes/edits/corrections need to be made in this passage.]

The plaintiff in this case seeks copyright protection for its directory of political donors.

The most fundamental axiom of copyright law is that no author may copyright his ideas or the facts he narrates. Harper & Row, Publishers, Inc. v. Nation Enters., 471 U.S. 539, xxx (1985). At the same time, however, it is beyond dispute that compilations of facts are within the subject matter of copyright. 17 U.S.C. § 103(a) (2012) [Insert space after section symbol] provides that the subject matter of copyright includes compilations, but that copyright protects only the author’s original contributions, not the facts of information conveyed.

The key to resolving the tension between these two propositions lies in understanding why facts are not copyrightable. The essential test for copyright is originality. To qualify for copyright protection, a work must be original to the author. Harper & Row, 471 U.S. at 547-49. “Original,” as the term is used in copyright, means only that the work was independently created by the author (as opposed to copied from other works), and that it possesses at least some minimal degree of creativity. 1 Melville Nimmer, Copyright Law § 2.01 (2d ed. 1990). [omit comma after treatise title] To be sure, the requisite level of creativity is extremely low; even a slight amount will suffice. The vast majority of works make the grade quite easily, aTs E thSeyTB poAsN seK ssSsE om eE c rRe a.t iCv eO sMp a r k , “no matter how crude, LL humble, or obvious” it might be. Id. Originality does not signify novelty; a work may be original even though it closely resembles other works so long as the similarity is fortuitous, not the result of copying. To illustrate, assume that two poets, each ignorant of the other, compose identical poems.

Neither work is novel, yet both are original, and thus copyrightable. See Sheldon v.

Metro-Goldwyn Pictures Corp, 81 F.2d 49, 54 (2d Cir. 1936).

Originality is a constitutional requirement. U.S. Const. art. 1, § 8, cl. 8. [insert space after section symbol] This Article authorizes Congress to “secure for limited times to authors . . . the exclusive right to their respective writings. [correctly space ellipsis] In Burrow-Giles Lithographic Co. v. Sarony, 111 U.S. 53, xx (1884), the Court defined “author” to mean “he to whom anything owes its origin; originator; maker.” Id. at 58. The originality requirement articulated in Burrow-Giles remains the touchstone of copyright protection today. See Goldstein v. California, 412 U.S. 546, 56-62 (1973). It is the very “premise of copyright law.” Miller v. Universal Studios, Inc., 650 F.2d 1365, 1368 (5th Cir. 1981). Leading scholars agree on this point. As one pair of commentators succinctly puts it, “The originality requirement is constitutionally mandated for all works.” L. Ray Patterson & Craig Joyce, Monopolizing the Law: The Scope of Copyright Protection, 36 UCLA L. Rev. 719, 763 (1989) [delete “emphasis in original”] As Professor Nimmer agrees, “Originality is a statutory as well as a constitutional requirement.” Nimmer, supra, §§ 1.08, 1.09. [omit italics for “Nimmer,” place comma after italicized supra, and omit space between section symbols] 257

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Internet Assignment for Chapter 8 1. Access the website for The Bluebook. Select “Introduction.” What is the central function of a legal citation?

“The central function of a legal citation is to allow the reader to efficiently locate the cited source.”

2. Access The Indigo Book. a. Review Rule 23. What is the “Indigo Inkling” that you are given?

“Perhaps because constitutions are considered Capital-I important, they should never be expressed in the short form except for id.” b. Review Rule 15. What is the short form for the case United States v.

Carmel?

The short form is Carmel, 548 F.3d at 573.

3. Access Professor Peter W. Martin’s Introduction to Legal Citation. a. Review § 4-100. How are plurals of words in case names formed?

“Except when the abbreviation list explicitly provides for the plural, the plural of a listed word is abbreviated by adding an ‘s’ to the abbreviation of the singular.” b. Review the infToE rmSaT tiB onAoNnKcS itE inL gL coEuR rt.ruClO esM . Give the citation for New Jersey Court Rule 3:8-3.

N.J. Ct. R. 3:8-3.

4. Review the Introduction to the Office of the Solicitor General Citation Manual at www.justice.gov/sites/default/files/osg/legacy/2014/04/21/osg-citation-manual2014.pdf. When a rule is not given by the Manual, what should a brief-writer assume?

“Where a rule is not listed below, it can be assumed that the Bluebook rule governs.”

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Chapter 9 (Research Assignment Using Print Volumes of Shepard’s) Use Figure A-1 in Appendix A to answer the following questions.

1. What is the most recent case that follows 96 P.3d 141?

127 P.3d 34 2. Which is the first case that mentions 99 P.3d 1007 in a dissenting opinion?

30 Cal. Rptr. 3d 579 3. Which case explains 96 P.3d 30?

39 Cal. Rptr. 451 4. Give the citations for the denial of certiorari for 101 P.3d 478.

163 L. Ed. 2d 108, 126 S. Ct. 91 5. Which case follows headnote 1 of 99 P.3d 1015?

37 Cal. Rptr. 3d 28

TESTBANKSELLER.COM 6. Which Virginia Law Review article discusses 96 P.3d 30?

92 Va. L. Rev. 327

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Chapter 9 – Research Assignment Using Shepard’s on Lexis Advance [Note to Instructors: The following questions and answers for Chapter 9 were prepared in January and February 2019. Thus, when your students answer these questions, many of their answers will vary from the answers given below because additional cases and other sources will have cited the authorities in the following questions in the interim since they were prepared.

Nonetheless, the questions will give your students insight into the differences between the coverage of Lexis Advance and Westlaw and yet confirm that if a case has been subject to negative treatment, etc., both services will alert researchers to that fact.]

You need not use Bluebook citation form in your answers to any questions for this chapter.

1. Locate the case at 561 U.S. 358. a. What are the parallel citations for this case?

130 S. Ct. 2896, 177 L. Ed. 2d 619 b. What icon are you given and why?

A yellow triangle for caution is given (the case was criticized in 2011 by DiPina v. Keffer). c. Select and review the Citing Decisions. What is the oldest case from within the TenT thECSiT rcB uiA tN thK atSmEeL ntLioEnR s. yoCuO rM ca s e ?

United States v. Xcel Energy (D. Colo. 2010) d. Select and review the Citing Decisions for later U.S. Supreme Court cases that cite your case. Locate the 2016 McDonnell case that cites your case. i. How many depth of discussion bars are shown?

Three ii. What headnotes of your original case are discussed in McDonnell?

HN 1, HN 24, HN 25 2. Locate the case at 13 F. Supp. 3d 692. Select the Shepard’s icon for this case. a. How many cases cited your case positively?

Eight b. Select Other Citing Sources. Give the citation to the 2015 law review article that cites your case.

Comment: What Is “False or Misleading” Off-Label Promotion?

82 U. Chi. L. Rev. 975 (2015)

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3. Locate 15 U.S.C.S. § 116. Select “Shepardize this document.” a. By how many cases is this statute cited?

2,845 b. How many Third Circuit cases cite this statute?

168 c. Select the 2018 U.S. Supreme Court case that cites this statute. On which page of the Supreme Court Reporter is it cited? It is cited on page 1091.

4. Locate 691 A.2d 263. a. What is the parallel citation for this case?

114 Md. App. 541 b. What Shepard’s icon or signal are you given for this case?

Yellow (subsequent appellate history contains possible negative analysis) c. Select “Shepardize this document” and then Other Citing Sources. What treatise mentions this case?

Maryland Workers’ Compensation Handbook at §§ 9.03 and 9.07 TESTBANKSELLER.COM 5. Shepardize Colorado Revised Statute section 15-11-102. a. How many cases have cited this statute?

Six b. Select the 2006 Seton Hall Law Review article that cites this statute.

Where in the law review article is the statute cited?

It is cited in footnote 26. c. Which Restatement provision cites this article?

Restatement (Third) Property: Wills and Donative Transfers § 2.2 6. Locate 142 Cal. App. 4th 1313. Select “Shepardize this document” and Citing Decisions. a. How many California court cases cite your case?

Twenty-five b. Filter or narrow by “California.” How many California Supreme Court cases cite your case?

Three

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c. What headnotes in your case are the most frequently cited by the California Courts of Appeal?

Headnote 11: two references Headnote 4: two references 7. Use the all-in-one Red Search Box and enter “shep: 75 Tex. L. Rev. 1301.” a. Who are the authors of this law review article?

Louis D. Bilionis and Richard A. Rosen b. Select “Shepardize this document.” What is the most recent case that cites your law review article?

Sykes v. State, 147 A.3d 201 (2015) c. Retrieve this most recent case that cites your law review article. Where in the case is your law review article cited (indicate page number and whether your case is cited in the majority or other opinion)?

It is cited in footnote 42 on page 221 and is cited in Chief Justice Strine’s dissent.

8. Locate Florida Rule of Civil Procedure 1.040. Which 2018 case mentions this rule? Give the case name only.

Lopez v. Hall T (2E01S8T) BANKSELLER.COM 9. Locate the Restatement (Third) of Agency § 301. Select “Shepardize this document.” What is the name of the most recent case that cites § 301 cmt. b.?

Newsome v. Peoples Bancshares (2018) 10. Locate 558 U.S. 310. a. What is the name of this case?

Citizens United v. FEC b. How many cases cite this case?

1,161 (as of January 29, 2019) c. Select Table of Authorities. How many authorities did this case cite?

147 d. How many Eleventh Circuit cases cite your case?

38 e. Select to review the prior history of this case in “Map.” What was the citation for this case in the District Court of the District of Columbia?

530 F. Supp. 2d 274 (D.D.C. 2008)

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11. Shepardize 135 Cal. App. 3d 406. What icon are you given and why?

A red icon is given. “Subsequent appellate history contains negative analysis. Not citable. Superseded by Grant of Review.”

12. Shepardize 555 U.S. 122. Review all of the icons on the right side of the screen.

List each icon and how many authorities or cases to which each icon relates.

Questioned: 4 Caution:

98

Positive:

148

Neutral:

91

Cited by:

902 (as of January 29, 2019)

13. Shepardize 269 U.S. 385. Select “Reason for Shepard’s Signal – View the top citing reference.” What information are you given?

269 U.S. 385 was distinguished by a 1932 case, United States v.

Shreveport Grain & Elevator Co. An orange “Q” is assigned to 269 U.S. 385 as the top citing reference.

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Chapter 9 - Research Assignment Using KeyCite on Westlaw 1. Locate 329 F.3d 1358. What signal flag is displayed on the screen? Why? A yellow flag is displayed because a 2010 case (Harris Corp. v. Federal Exp. Corp.) declined to extend 329 F.3d 1358.

2. Locate MacPhee v. Nicholson, 459 F.3d 1323. a. What status flag is displayed?

A yellow flag is displayed (MacPhee was distinguished by a 2014 case, Pacheco v. Shinseki). b. Select the flag. Locate the first reference to which you are directed. Give the name of the case and Westlaw’s comment to you about this case.

The case is Pacheco v. Shinseki. Westlaw’s comment is as follows: “The KeyCited document has been negatively referenced by the following events or decisions in other litigation or proceedings.” c. Which headnotes of MacPhee does the case in Question 2(b) above cite?

Headnotes 1, 2, and 3 are cited.

3. Locate 830 F.2d 1217. a. What status flag is displayed? Why?

BiA EL A red fTlaEgSiT sd spNlaKySed (bLeE caRu. seCtO heMcase was superseded by rule as stated in a 1993 case). b. Select the “History” tab. What was the citation for your case in the Southern District of New York in 1987?

652 F. Supp. 1105 4. Locate 878 F.3d 631. Select the “History” tab. When was certiorari denied for this case?

Cert. was denied on October 29, 2016.

5. Locate Aipperspach v. McInerney, 766 F.3d 803. a. Select “Citing References” and then “Cases.” Review the Depth of Treatment bars. How many cases analyze your case with three treatment bars?

Two cases analyze Aipperspach with three bars (as of November 2, 2018). b. Select “Secondary Sources.” Which A.L.R. annotation discusses headnote 4 of Aipperspach?

61 A.L.R. Fed. 7.

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6.

Locate 137 S. Ct. 1744. Locate the author of the opinion. Where was the author born and who nominated him to the U.S. Supreme Court?

The author of the opinion is Justice Alito. He was born in Trenton, New Jersey and nominated to the Court by President George W. Bush.

7.

Locate 877 N.E.2d 446. a. Select “Citing References.” How many trial court documents cite this case?

Three trial court documents cite this case (as of November 2, 2018). b. Select “Table of Authorities.” How many authorities did the case published at 877 N.E.2d 446 cite?

Thirty-nine authorities were cited.

8.

Locate 241 S.E.2d 551. a. Give the parallel citation for this case.

241 S.E.2d 551 b. Select “Citing References” and then “Secondary Sources.” Which 2015 law review article mentions this case?

VerdicT tF mB sA inNCKaSseEsLIn lv. inCgOMMultiple Causes of Action (26EoSrT LvEoR May, S.C. Law 40, 40) c. Select the law review article. Where in the law review article is your case cited?

The case is cited in footnote 31 in the case.

9.

Locate 17 U.S.C.A. § 109. How many Citing References refer or cite to this statute?

4,043 (as of November 2, 2018)

10.

Locate Florida Statute section 741.327. What status flag is displayed?

Why? A red flag is displayed because the statute was repealed by laws 2012, c. 2012-147, § 14, effective July 1, 2012.

11.

Locate New York Business Corporation Law section 602. What status flag is displayed? Why? A yellow flag is displayed because legislation is proposed that would affect the statute.

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12.

Locate California Probate Code section 1500. Select “Graphical View” and review the information for the current text of the statute. When did the statute become operative?

The statute became operative on July 1, 1991.

13.

Locate Ohio Revised Code Annotated section 3101.01. What status flag has been assigned to this statute? Why? A reed status flag is displayed because the statute was ruled unconstitutional or preempted by Obergefell v. Hodges in 2015. A yellow flag is displayed because there is proposed legislation.

14.

Locate Am. Jur. Partnerships section 778. a.

How many Citing References are you given?

Five Citing References are given.

b.

Are you directed to any forms? If so, give the citation.

Yes. Readers are directed to Am. Jur. Legal Forms 2d § 218:55/

15.

Locate Restatement (Second) of Contracts section 71. a.

How many authorities have cited this provision?

2,318 (as of November 2, 2018)

b.

How many cases have cited this provision?

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494 (as of November 2, 2018) 16.

Locate 59 Stan. L. Rev. 601. a.

To how many Citing References are you directed?

35 (as of November 2, 2018)

b.

Sort these Citing References by date. Which is the oldest law review article that cites your law review article?

Beyond Chevron’s Domain: Agency Interpretations of Statutory Procedural Provisions, 30 Seattle U. L. Rev. 541

17.

Locate 60 A.L.R.6th 1. Select “Table of Authorities.” How many cases does your A.L.R. annotation cite?

238 cases are cited.

18.

Locate 478 U.S. 675. Select “Citing References” and then “Cases.” a.

Which 2015 case from the district court in Minnesota quotes from 478 U.S. 675?

Sagehorn v. Independent School District No. 728, 122 F. Supp.

3d 842 (D. Minn. 2015)

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b.

Use narrowing filters to review the cases that have cited 478 U.S. 675. Select to review state court cases and sort by date. Give the citation to a 2012 case from the Minnesota Supreme Court that quoted from 478 U.S. 675.

Tatro v. Univ. of Minn., 816 N.W.2d 509 (Minn. 2012) [Note: a 2012 Minnesota Court of Appeals case also quotes the case; in fact, that case is Tatro from the lower court level.]

19.

Locate 729 N.W.2d 396. Select “Citing References” and use narrowing filters.

How many federal cases have cited 729 N.W.2d 396?

Two federal cases have cited the case (as of November 2, 2018).

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Chapter 9 - Research Assignment Comparing Shepardizing Online with KeyCiting Use Lexis Advance and Westlaw to answer the following questions.

1. Shepardize and then KeyCite 135 Cal. App. 3d 406. What status signals are you given on Lexis Advance and Westlaw? Why? Both services provide red icons or signals. Lexis Advance states that the case is not citable and that it has been superseded by Grant of Review. Westlaw states that a hearing was granted and states “opinion on retransfer not for publication.”

2. Shepardize and then KeyCite 35 U.S.C. § 102. a. To how many cases does each service direct you?

Lexis Advance states that the statute has been cited by 16,568 cases (as of February 11, 2019). Westlaw states that the statute has been cited by 2,670 cases (as of February 11, 2019). [Note to instructors: The intent of this question is to demonstrate the vast number of sources to which Lexis Advance and Westlaw will direct a researcher and that they are not always the same sources.] b. To how many law review articles does each service direct you?

Lexis Advance: 3,220; Westlaw: 4,259 3. Shepardize and then KTeE yC idS aE StLatLuE teR§.6C 1.O0M 79.

SiTteBFAloNrK a. To how many cases does each service direct you?

Lexis Advance: one; Westlaw: one b. Review the list of law review article(s) to which you are directed by the services. Are they the same?

Lexis Advance sends one to 3 law review articles. Westlaw directs one to 13 law review articles, including the ones Lexis Advance lists (but then also includes additional law review articles that cite the statute).

4. Shepardize and then KeyCite 18 U.S.C. § 241. What status signals are you given?

Why? Yellow status signals are given because proposed legislation is pending (as of February 11, 2019).

5. Shepardize and then KeyCite 73 A.3d 964. a. To how many cases does each service direct you?

Each service sends researchers to three cases. b. Are these cases the same?

Yes, they are the same.

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6. Shepardize and then KeyCite California Civil Code § 1542. a. What is the effective date of this statute?

The effective date is January 1, 2019 (it is a bit easier to determine the effective date using Westlaw than it is using Lexis Advance). b. What did the 2018 legislation do?

Lexis Advance gives the actual change in language in the statute. Westlaw states that the 2018 legislation “rewrote the statute.”

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Internet Assignment for Chapter 9 1. Access the website for the Northern Illinois University College of Law at https://libguides.niu.edu/basic-legal-research and review the information on updating your research. What must you do before you present any document to a court?

You must be certain that the information on which you are relying is still correct.

2. Access Lexis’s guide to Shepardizing at http://www.lexisnexis.com/documents/pdf/20120111042317_large.pdf. What does the Appellate History tab display when you Shepardize?

This tab displays the litigation chain of your case. Under this tab you can use the Map* button to quickly see your case’s path through the courts. The appellate history map provides a graphic depiction of: 1.

Your case’s path through the courts, including both prior and subsequent decisions. 2. How your case was affected by prior and subsequent decisions (e.g., Reversed by).

3. Access Westlaw’s guide to KeyCiting at http://info.legalsolutions.thomsonreuters.com/pdf/wln2/l-356347.pdf. What does it mean if a case that cites your KeyCited case is given four “Depth of Treatment” bars?

ErSeT LE Four Depth oT fT atBmAeN ntKbSaE rsLm eaRn. sC thOaM t you case has been “Examined,” and an extended discussion of the cited case is given.

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Research Assignment for Chapter 10 Legislative History 1.

Locate the case Lenz v. Universal Music Corp., 815 F.3d 1145, 1151 (9th Cir. 2016). What did the court state about when it would review legislative history?

The court stated that “a court looks to legislative history only if the statute is unclear.

2.

Use United States Code Congressional and Administrative News. a. To which topic or act does Public Law 112-29 relate?

It is called the Leahy-Smith America Invents Act, and it relates to patent reform. b. Use the Legislative History volume for your Public Law Number and locate the House Report for your Public Law. i. Review page 40 of the Report. What new system is created by the Act? The Act creates a new “first-inventor-to-file system” for patent applications. ii. Review page 73 of the Report. Does the legislation contain any earmarT ksE?STBANKSELLER.COM No. iii. Review page 67 of the Report on Direct Spending. By what amount did the Congressional Budget Office estimate that enacting the legislation would reduce direct spending?

The CBO estimated that enacting HR 1249 would reduce net direct spending by about $0.7 billion over the 2012-2021 period. iv. Which volume of the Congressional Record includes debates and information relating to this legislation?

Volume 157 v. Review the Dissenting Views. Briefly, why did John Conyers write a dissenting view?

Conyers did not think that the legislation represented an overall improvement over the status quo and that there should be a bipartisan bill with consensus.

3.

Use United States Code Congressional and Administrative News. a.

To which topic or act does Public Law 115-43 relate?

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b.

Use Table 6 for the 115th Congress. Locate the following information relating to this Act. i. When was this Act approved?

It was approved on June 30. ii. What was its number in the House?

HR 1238 iii. Give the date on which the Act was passed by the Senate.

May 24 iv. Give the date on which the Act was passed by the House.

March 22 v. Give the House Report Number.

HR 1238

Administrative Law 4.

Use the most recent C.F.R. Index. a. Which C.F.R. title and part deal with flammability standards for children’s sleepwear (size 3)?

16 C.F.R. 1615

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27 C.F.R. 7 i. Review this part. Review the section within the part relating to comparative advertising. If a producer advertises taste test results, what procedures must it meet?

The taste test procedure used must met all scientifically accepted procedures (and it cannot be disparaging, deceptive, or misleading). ii. What provision governs your answer?

Section 7.55 5.

Use the Wages-Hours volumes for the CCH Labor Law Reporter. a. Review Paragraph 28,724 relating to who are family members for purposes of the Family and Medical Leave Act. Is an employee’s 16-yearold stepchild a “son or daughter” as that term is used in the Act? Yes. “A son or daughter is any person who is under 18 years old . . . if that person’s relationship to the employee is that of . . . a stepchild.”

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b. Review subparagraph .10, entitled “Family Member Status in General.” Is a common law spouse a “spouse” within the meaning of the Act? Answer the question and briefly explain your answer.

Yes. “The term ‘spouse’ . . . includes common law marriage in those states where it is recognized.”

6.

Locate the case published in volume 2016-2017 of NLRB Decisions ¶ 16,209. a. Give the brief name of the case.

Chipotle Services LLC b. What did the NLRB order?

The NLRB ordered the employer to cease and desist from prohibiting employees from posting on social media regarding wages and other terms and conditions of employment. c. Generally, what remedy was ordered by the NLRB? Footnote 4 states that the Respondent (employer) is ordered to furnish all employees with inserts for the current employer handbook that advise that the unlawful provisions have been rescinded or provide lawfully worded provisions on adhesive backing that will cover the unlawful provisions or publish and distribute to employees revised employee handbooks that do not contain t he u n la w fu l provisions or p ro vide lawfully worded T E S T B A N K SELLER. C O M provisions.

International Law 7.

Use the Cumulative Index No. 46 for volumes 2451-2500 of the United Naions Treaty Series, and find the agreement between Mexico and Argentina regarding reciprocity on the use of satellites. a. Give the citation to this agreement.

I-44607 b. When and where was the agreement signed?

It was signed in Mexico City on November 26, 1977. c. Locate the treaty in U.N.T.S. Who signed the agreement for Argentina?

It was signed by German Luis Kammerath. d. When did the agreement enter into force?

It entered into force on June 16, 2000.

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e. What topic is covered by Article VIII? Article VIII is entitled “Cooperation” and it states that the parties shall cooperate to ensure respect for the laws and regulations of the other party relating to the services covered by the Agreement and any Protocols.

8.

Use Whiteman’s Digest of International Law. a. What volume and page discuss “war treason”?

10:191 b. Review this material. Generally, what is war treason?

“To the hostile activities, other than open armed warfare, of those not qualified to be treated as prisoners of war, the term ‘war treason’ is most frequently applied.” c. If an enemy carries on military operations in other than occupied territory or sabotage behind enemy lines, is such treasonable in an international sense? Answer the question and briefly explain your answer.

No, it is not treasonable because no juridicial relationship exists between the offending combatant and the state affected.

9.

Use Hackworth’s Digest of International Law. LhLoEoRw.nCs OboMot y? a. What volume T anEdSpT agBeAdN isK cuSsE sw IV: 403 b. Review the material. Who owns “captures and booty”?

“All captures and booty belong, according to the modern law of war, primarily to the government of the captor.”

10.

Use Hackworth’s Digest of International Law. a. What volume and page discuss whether private or public vessels can commit piracy?

II: 682 b. Review the material. Can acts of piracy be committed by warships or public vessels? Answer the question and briefly explain your answer.

“Acts of piracy can as a general rule only be committed by private vessels. A warship or public vessel can never, so long as it retains that character, be treated as a pirate.”

11.

Use Hackworth’s Digest of International Law. Use the List of Cases. a. What volume and page discuss the case Chappel & Co., Limited v. Fields?

II: 52-53 b. Review the material. Give the citation to the case.

210 Fed. 864 (C.C.A. 2d 1914) 274

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c. What general topic is discussed by the case?

Copyright (specifically, that in consideration of the reciprocity provided by the Germans to U.S. citizens, German citizens were entitled to enjoy copyright benefits in the United States).

12.

Use United States Treaties and Other International Agreements. a. What is the general subject matter of T.I.A.S. 11029?

The agreement is entitled “High Seas Fisheries of the North Pacific Ocean.” b. Briefly, what obligation is imposed on Japan by Section 1(d)?

Japan must provide data/numbers of marine mammals, particularly those relating to Dall’s porpoise that become entangled in gillnets and are lost, become entangled but escape or are released alive, or are captured and brought aboard during hauling. c. Who signed the agreement for the United States? Who signed the agreement for Japan?

It was signed for the United States by Edward E. Wolfe, Jr. It was signed for Japan by Yasushi Murazumi.

13.

StEhL Use United StatesTTE reSaT tieBsAaN ndKO erLIE ntR er.nC atO ioM nal Agreements. a. What is the general subject matter of 35 U.S.T. 6427 (T.I.A.S. 11054)?

Remote sensing Landsat System b. Where was this memorandum of understanding signed?

It was signed in Beijing. c. When was it signed and when did it enter into force?

It was signed on January 24, 1980, and it came into force on January 12, 1981.

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Internet Assignment for Chapter 10 1. Use GovInfo to access the U.S. Code. Locate 17 U.S.C. § 103. Give the public law number and the U.S. Statutes at Large citation for this statute.

Public Law 94-533 90 Stat. 2545 2. Use GovInfo. Locate H.R. 6 introduced in the 115th Congress. a. What does Section 1001 of the bill prohibit?

Section 1001 prohibits termination of Medicaid eligibility for juveniles who are inmates of public institutions. b. What is the Public Law number for this legislation?

P.L. 115-271 c. To which committee was this bill assigned?

It was assigned to the House Energy and Commerce; Ways and Means, and Judiciary committees. d. When was the bill signed by the President?

It was signed on October 24, 2018.

3. Use Congress.gov. Locate the Congressional Record for September 28, 2018.

Select to review the entire issue. a. Review page H9156. Who spoke about the Public Change Rule?

Mr. GeTnEeSGTrB eeAnNoK fS TE exLaL sE spRo. keCaObMout the Public Change Rule. b. Review page S6367. Whose nomination was discussed?

The nomination of Brett Kavanaugh to the Supreme Court was discussed.

4. Use Congress.gov. Locate information about Senator Sherrod Brown. Select to review Senator Brown’s legislative work in the 114th Congress. a. How many bills did Senator Brown sponsor?

58 b. How many bills became law?

18 5. Access the Department of Justice’s List of Legislative Histories. Review the Captive Wildlife Safety Act. a. When was this legislation introduced in the Senate?

October 3, 2002 b. Who introduced the legislation in the Senate?

Mr. Jeffords (for himself) and Mr. Smith (of NH) c. Review the House Report for this legislation. What was the stated purpose of the legislation?

The purpose was to amend the Lacey Act Amendment of 1981 to further the conservation of certain wildlife species.

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d. Review the Congressional Record for the legislation for January 30, 2003, and review Mr. Jeffords’s remarks. How many tigers did Mr. Jeffords say were estimated to be in captivity in the United States?

Mr. Jeffords stated, “Current figures estimate that there are more than 5,000 tigers in captivity in the United States,” with most being kept as pets.

6. Access the University of Virginia’s library guide relating to administrative decisions at https://guides.lib.virginia.edu/administrative_decisions. Select to review “Securities & Exchange Commission” and then “Commission Decisions.”

Select for 2018 and review Release No. 34-83711 regarding Christine D. Memet. a. Why did Ms. Memet’s employer state it had terminated her employment?

The employer alleged that Ms. Memet failed to honestly explain why she had copies of customer account statement mailed to her home address and that, after her termination, Memet transferred customer information to her personal email address. b. Briefly describe the SEC’s decision.

The SEC decided that Memet had forfeited her right to challenge the bar before the SEC by failing to pursue the availabTl E eS FITNBRAANaKvSen foR r. avCoOidMing imposition of the bar.

EuLeLs E 7. Use GovInfo. Locate the Federal Register for October 19, 2019. Select the Table of Contents and then review Reader Aids. a. Update 16 C.F.R. pt. 410. What is the status of this provision?

16 C.F.R. pt. 410 was removed and its prior rule was repealed (effective January 7, 2019). b. Access the appropriate page in the Federal Register for this provision and indicate the reason 16 C.F.R. pt. 410 was modified or changed.

The part was removed because it had related to claims regarding dimensions of television screens. Today, virtually all televisions have flat screens and their viewing area is easy to ascertain and thus the rule was outdated.

8. Use GovInfo. Locate 9 C.F.R. pt. 50. Review 9 C.F.R. § 50.1. What is a “heifer”?

A heifer is a female dairy cow that has not given birth.

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9. Use GovInfo. Review 21 C.F.R. pt. 700 relating to the use of prohibited cattle materials in cosmetic products. a. Can cosmetics include any material from cattle with a broken leg? Answer the question and cite the provision that governs your answer.

No. Section 700.27(a)(1) provides that “prohibited cattle materials” include materials from “nonambulatory disabled cattle.” Section 700(a)(4) provides that “nonambulatory disabled cattle” means cattle with broken appendages. b. Review 21 C.F.R. pt. 700 (specifically, review 21 C.F.R. § 701.20). Is soap considered a “cosmetic”?

No. “In its definition of the term ‘cosmetic,’ the Federal Food, Drug, and Cosmetic Act specifically excludes soap.” c. Review 21 C.F.R. pt. 740. If a client wishes to sell a foaming detergent bath product for children, what warning must be given on the label?

The following warning must be given: “Caution – Use only as directed. Excessive use or prolonged exposure may cause irritation to skin and urinary tract. Discontinue use if rash, redness, or itching occurs. Consult your physician if irritation persists. Keep out of reach of children.” (In addition, the phrase “except under adult supervision” may be added at the end ofTthEeSlaTsB tA seN nK teS ncEeLin thRe.COM LE caution required by paragraph b of this action.) d. In which issue and page in the Federal Register is this regulation found?

It is located at 51 FR 20475.

10. Use GovInfo. Locate the Compilation of Presidential Documents. Review the President’s remarks on May 2, 2018, on the swearing in ceremony for Secretary of State Michael R. Pompeo. a. Where were the remarks made?

Benjamin Franklin State Dining Room at the Department of State in Washington, D.C. b. Where did Mr. Pompeo attend college and law school?

He attended West Point and then attended Harvard Law School. c. How many foreign service officers does Mr. Pompeo oversee?

He oversees more than 13,000 foreign service officers.

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11. Use GovInfo. What is the subject of Presidential Proclamation 9774 issued on August 31, 2018?

It proclaimed August 26, 2018, as Women’s Equality Day to celebrate the achievements of women.

12. Use GovInfo. Locate the most recent U.S. Government Manual. Locate information relating to the National Railroad Passenger Corporation (“Amtrak”). a. How many trains does Amtrak operate each day?

It operates 300 trains each day. b. How many employees does Amtrak employ?

It employs a total work force of approximately 20,000.

13. Use GovInfo. Locate the most recent U.S. Government Manual. a. When was the Federal Aviation Administration established?

It was established in 1958. b. Review the information on wildlife strikes on aircraft. Which birds most frequently collide with aircraft?

Gulls.

14. Access the Department of State’s Treaties in Force. Locate a convention between Denmark and the UnitTedES StT atB esAfNoK r tS heEaLvL oiEdR an.cC eO o fMd ou b l e taxation and the prevention of fiscal evasion with respect to taxes on income. a. When was the agreement signed and when did it enter into force?

It was signed August 19, 1999, and it entered into force on March 31, 2000. b. Give the citation to this agreement in T.I.A.S. T.I.A.S. 13056 15. A client in Seattle, Washington wishes to keep a llama at her property. Is this permissible? Answer the question and cite the municipal code provision that governs your answer.

No. Section 9.25.053 states that it is unlawful for any person to keep an exotic animal. Section 9.25.020(M)(9) defines a llama as being an exotic animal.

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Assignment for Chapter 11 – Lexis Advance You need not use Bluebook citation form for any of the assignments for this chapter.

1. From the initial Lexis Advance screen, retrieve the case located at 558 U.S. 209. a. What is the Lexis database number or citation for this case?

2010 US LEXIS 761 b. What are the parallel citations for this case?

558 U.S. 209, 130 S. Ct. 721, 175 L. Ed. 2d 675 c. Select “Citing Decisions.” Use the filtering options and select to review cases from the Seventh Circuit. Which 2016 Central District of Illinois case discusses headnote 3 of your original case? Give the case name only.

Bryant v. United States d. Return to your original case. Shade any portion of the case. How many colors may you elect to highlight portions of the case?

Six 2. From the initial Lexis Advance screen, select “Practice Area or Industry” and then “Business & Corporate Law.” Which secondary sources may you view for more information on this topic?

Treatises, Practice Guides & Jurisprudence, Law Reviews & Journals 3. From the initial LexisTAEdS vaTnB ceAsNcK reS enE, L seLleEcR t “.PC raOctMice Area or Industry” and then “Evidence.” Select “All Evidence Cases.” Use the Red Search Box and search for the term “dying declaration.” When you are given your results, filter by state and select Georgia and then sort by state. a. What is the newest case to which you are directed?

Jacobs v. State, 303 Ga. 245 (2018) b. On which page of this case does the term “dying declaration” first appear?

Page 249 c. Review the Visualization Circle next to the entry for your case. How many cases cited your case positively?

One 4. From your initial Lexis Advance screen, use the Red Search Box and retrieve the case at 478 F.3d 489. a. What is the name of this case?

Bertin v. United States b. Review headnote 5 of this case and select “Shepardize – Narrow by this headnote,” and then select “Citing Decisions.” How many cases from the Second Circuit cite this headnote?

Eleven cases

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c. Return to your original case. Select “About this Document” and “Activate Passages,” and then select the first “box” that appears in the opinion. Sort by date. Which is the most recent case that cites your case for the issue being discussed?

Nath v. JP Morgan Chase Bank, NA (2016) d. Return to your original case and select “Legal Analytics” to learn more about Judge Korman. Review “Cases by Type.” What type of case has this judge most frequently handled? When was the judge born? Has the judge served longer or shorter than the average judge on this court?

The judge has most frequently handled employment cases. He was born in 1942 and has served longer than the average judge.

5. From your initial Lexis Advance screen, retrieve 21 U.S.C.S. § 952. a. Generally, to what topic does this statute relate?

Importation of Controlled Substances b. Under “Research References & Practice Aids,” select the A.L.R. Fed. Annotation listed. What is the topic of this discussion in A.L.R. Fed.?

Antagonistic Defenses as Grounds for Separate Trials of Codefendants in Criminal Cases – Federal Marijuana Offenses 34 A.L.R. Fed. 2d 509 by Jared H. Jones

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6. From your initial Lexis Advance screen, select “Statutes & Legislation” and then Arizona. Review the listing of Arizona statutes and then select “Marital & Domestic Relations” and then “Dissolution of Marriage.” a. How long must a person be domiciled in Arizona before filing a petition for dissolution of marriage?

90 days b. What statute governs your answer?

Section 25-312 7. From your initial Lexis Advance screen, select “Statutes & Legislation” and then California and “Advanced Search.” Construct a search of the California statutes.

In your first “Terms” box, use terms to determine the term of registration of a trademark in California. a. What is the term of a state trademark registration in California?

Five years b. May the registration be renewed?

Yes (for successive periods of five years) c. What statute governs your answer?

Cal. Bus. & Prof. Code section 14217

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8. From your first Lexis Advance screen, select “Secondary Materials” and then “Law Reviews & Journals.” Using “Advanced Search,” search to locate a Yale Law Journal article written by Akhil Reed Amar that includes the term “lived Constitution.” a. Give the citation to the law review article.

120 Yale L.J. 1734 (2011) b. Shepardize this law review article. How many other citing sources cite it?

It is cited by 22 law reviews. c. Review the graphical map or timeline shown on the screen. Are citations to this law review article generally increasing or decreasing?

Decreasing 9. Beginning with your first Lexis Advance screen, use “Advanced Search” to locate a U.S. Supreme Court case in which the plaintiff’s name is Dred Scott. a. Give the name and citation to the case.

Scott v. Sandford, 60 U.S. 393 (1857) b. How many cases cite Dred Scott?

480 c. How many other citing sources cite Dred Scott?

2,434 d. Review the graphical map or timeline shown on the screen. Are references to this case by citing sources increasing or decreasing?

IncreaT siE n gSTBANKSELLER.COM 10. From your first Lexis Advance screen, select “Administrative Codes & Regs” and then “Federal.” Either review Title 27 of C.F.R. or construct a search to locate the C.F.R. provision relating to use of the term organic on a wine label. a. What C.F.R. provision includes the definition?

27 C.F.R. § 4.101 b. Select the reference to the Federal Register. When was this provision effective?

October 21, 2002 c. Give the citation to the Federal Register.

67 Fed. Reg. 62,856 11. From your fist Lexis Advance screen, select “Secondary Materials” and then “Restatements.” Review the Official Text of the Restatement (Second) of Contracts. Either review the Table of Contents for the Restatement or construct a search to answer the following questions. a. What section discusses contracts made by infants?

Section 14

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b. Review the Comments. Generally, in some states, is a contract made by a 17-year-old married person valid?

“In some states both men and women have full capacity upon marriage.” c. Shepardize this document. Which 2014 Michigan Court of Appeals case cites this Restatement provision? Give the case name only.

People v. Woolfolk 12. From your first Lexis Advance screen, select “Secondary Materials” and then “Dictionaries” and “Ballentine’s Dictionary.” Enter “latent defect” as the exact term you wish to search. a. Briefly, what is the meaning of “latent defect”?

A latent defect is a defect not observable on visual inspection; a hidden defect in a structure, machine, or article of merchandise.” b. To which primary source are you directed by this definition?

Hoe v. Sanborn, 21 N.Y. 552, 555 13. From your first Lexis Advance screen, select “Secondary Materials” and then “Treatises, Practice Guides & Jurisprudence,” and then “Texas.” Select Texas Jurisprudence. Either browse the table of contents or construct a search to determine if a partnership may be formed by an oral agreement. a. What section dTisEcS usTseBsAthNisKiS ssEuL e?LER.COM 57 Tex. Jur. Partnership § 58 b. In the footnotes section, select the Texas statute to which you are directed.

What Texas statute provides that a partnership may be formed by oral agreement?

Tex. Bus. Organizations Code section 151.001 c. Return to Texas Jurisprudence and select “Reports.” Generally, what are you given?

Researchers are given an overview or “Topic Summary” of Partnership Agreements with definitions, seminal cases, and references to secondary sources, elements a plaintiff must establish to prove a partnership.

14. From your first Lexis Advance screen, retrieve 123 S. Ct. 769. a. How does page 212 of the parallel U.S. Reports begin? “creation of new works” b. Select “Shepardize this document.” What icon would you select to create an Alert for this case?

Researchers should select the icon of a bell at the top of the screen.

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15. From your first Lexis Advance screen, select “Dockets” and then Dockets for the U.S. Supreme Court. Which April 2015 case has the docket number 14-1281?

Give the case name only.

GEICO General Insurance Co. v. Gould 16. From your first Lexis Advance screen, select “Cases” and then “All Federal.”

Using the Red Search Box, use Natural Language and search whether disparaging trademarks violate the First Amendment. a. To how many cases are you directed?

297 b. Use the Red Search Box, use Boolean Terms and Connectors, and search for the following: “disparaging trademark” /25 “first amendment.” To how many cases are you directed?

One 17. From the first Lexis Advance screen, select “Cases” and then select to view U.S. Supreme Court cases. Using the Red Search Box, search for the terms “business judgment rule” and “derivative suit.” a. In the Results list, what does the asterisk mean on the Search Term Location bar?

The asterisk indicates the best response to the query. b. In the Results list, what term is displayed in green and what term is displayed in orTaE ngSeT ? BANKSELLER.COM The term “business judgment rule” is displayed in green. The term “derivative” is displayed in orange.

18. From the first Lexis Advance screen, use the Red Search Box and type in “What is the definition of ‘valuable consideration’?” Review the Answer Card presented at the top of your results screen. a. What source gives you the definition?

Bouvier Law Dictionary b. Review the second Answer Card. What source gives you the definition?

Ballentine’s Law Dictionary c. Review the third Answer Card. What sources gives you the definition?

The Law Dictionary 19. From the first Lexis Advance screen, search for 35 U.S.C.S. § 101. Select “Pending legislation.” Select to review the pending legislation. Is the legislation that would affect 35 U.S.C.S. § 101 likely to pass?

No. The graph indicates it has a “low change to pass next stage.”

20. Use the Popular Name Tables for U.S.C.S. Give the citation to the Hart-ScottRodino Antitrust Improvements Act of 1976.

15 U.S.C.S. §§ 1311 284

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21. Locate 523 F.3d 1258. Select “About this Document” and then “Briefs.” Locate the brief filed by Mr. Vigil and review the Argument section. What is the heading or title of Issue One? The heading is as follows: “Mr. Vigil’s Actions Were Not Wrongful.”

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Assignment for Chapter 11 – Westlaw 1. From the initial Westlaw screen, retrieve the case located at 465 U.S. 668. a. What is the name of this case?

Lynch v. Donnelly b. Select “Selected Topics.” To which A.L.R. annotation are you directed?

107 A.L.R.5th 1 c. Retrieve the A.L.R. annotation. Which Colorado case is cited in the A.L.R. annotation? Give the case name only.

State v. Freedom from Religion Foundation 2. Retrieve the case located at 890 F.3d 77. a. What is the name of this case?

Burns v. Martuscello b. Who delivered the opinion of the court? Which President appointed the judge?

Hon. Rosemary S. Pooler delivered the opinion of the court.

She was appointed by President William J. Clinton.

3. Locate a 1989 U.S. Supreme Court case in which the defendant’s name is Sokolow. a. Give the citations for the case.

490 U.T S.E1S, T 10B9ASN. K CS t. E 15L8L1E , 1R0.

4 CLO .E Md. 2d 1 b. How does page 10 of the parallel U.S. Reports begin?

It begins with the words “each of them.” c. What icon would you use to set a KeyCite alert for this case?

To set an alert, select the bell icon at the top of the screen.

4. Select the appropriate databases and locate a 2018 U.S. Supreme Court case in which the plaintiff’s name is Masterpiece Cakeshop. a. Give the name of the case.

Masterpiece Cakeshop Ltd. v. Colorado Civil Rights Commission b. Read headnote 4 of this case. Select the “key” diagram. What is the first topic and Key Number that are listed?

Constitutional Law, 92 “key” 1310 c. Select the first Key Number. What is the first case to which you are directed?

Sause v. Bauer, 138 S. Ct. 2561 (2018) 5. Select the appropriate databases and locate a Michigan Supreme Court case in which the plaintiff’s name is Fane. a. Give the case name and citation.

Fane v. Detroit Library Commission, 465 Mich. 68, 631 N.W.2d 678 (2001) 286

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b. Select the case. How does page 683 of the parallel North Western Reporter 2d begin?

It begins with the words “To determine whether.” c. How many cases cite headnote 1?

26 6. Locate 15 U.S.C.A. § 78u-1. a. Generally, to which topic does this statute relate?

It relates to civil penalties for insider trading. b. Review the notes of decisions following this statute. May an insider trader be ordered to pay prejudgment interest on the entire disgorgement amount of an innocent third party’s claims? Give your answer and cite a 2014 case (give the case name only) that supports your answer.

Yes. SEC v. Contorinis 7. Use the Popular Name Table for U.S.C.A. a. What is the citation for the short title of the Adam Walsh Child Safety and Protection Act of 2006?

34 U.S.C.A. § 10101 b. What statute relates to § 102 of the Public Law number for this legislation?

34 U.S.C.A. § 20901 LaEnR Ms are identified in the statute? c. Access that fedTeE raSl T stB atA utN e.KHSoEwLm y. viCctOim Seventeen victims were named and identified. d. After accessing the federal statute, select “History” and then “Legislative History Materials.” Review the July 2006 presidential signing statement for this legislation. How does the legislation make it harder for sex predators to reach children on the Internet?

The president stated, “[t]he bill I sign today will make it harder for sex predators to reach our children on the Internet.

Some sex predators use this technology to make contact with potential victims, so the bill authorizes additional new regional Internet Crimes Against Children Task Forces. These task forces provide funding and training to help state and local law enforcement combat crimes involving the sexual exploitation of minors on the Internet.”

8. Select the appropriate database. a. How many witnesses must sign a will in Minnesota?

Two b. What statute governs your answer?

Minn. Stat. Ann. § 524.2-502

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9. From your initial Westlaw screen, access Key Numbers. a. What topic and Key Number would you select to view cases generally relating to setting aside or revoking adoption?

17 Adoption 515 b. Select this topic and Key Number. How many cases discuss this issue?

Two 10. Select Secondary Sources and then Law Reviews and Journals. a. Locate the Arizona Law Review. What is the title of an article by Natalya Shnitser?

Healthcare Promises for Public Employees b. Give the citation to a Spring 2003 article written by William H. Manz.

William H. Manz, Palsgraf: Cardozo’s Urban Legend, 107 Dick. L. Rev. 785 (2003) 11. Select Secondary Sources and then Black’s Law Dictionary. a. Briefly, what is the definition of involuntary manslaughter?

Involuntary manslaughter is “[h]omicide in which there is no intention to kill or do grievous bodily harm, but that is committed with criminal negligence or during the omission of a crime T noEtSinTcB luAdN edKw nE thRe.feCloOnMy-murder rule.”

SiEthLiL b. When you review this definition, what is the first treatise to which you are directed?

Rollin M. Perkins & Ronald N. Boyce, Criminal Law 104 (3d ed. 1982) 12. Select Secondary Sources and then Restatements. Access the Restatement (Second) of Torts. a. What is the general principle announced in section 496A? A plaintiff who voluntarily assumes the risk of harm arising from the negligence or reckless conduct of the defendant cannot recover for such. b. Review Comment c.2. Generally, what does a spectator at a ballpark consent to?

A spectator entering a baseball park may be regarded as consenting that the players may proceed with the game without taking precautions to protect him from being hit by the ball.

Again, the legal result is that the defendant is relieved of his duty to the plaintiff.

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c. Access the 1985 New York case cited in section 496A. i. What was held in this case?

The court held that neither a league nor a player had a duty to warn the plaintiff (who was hit by a wild throw of a softball during a pregame warmup practice while standing outside the perimeter fence of the ball park) of the dangers inherent in the game of baseball. The defendants were not liable for the plaintiff’s injuries because they had not violated their duty of care under the circumstances. ii. How many citing references cite this case?

36 citing references (three of which were cases) 13. Select Secondary Sources and then Secondary Sources Index. Locate Texas Jurisprudence. a. What is the general subject matter of Amicus Curiae section 1?

This section defines what amicus curiae means. b. Must a court allow an amicus curiae to be heard?

TESTBANKSELLER.COM No. “It is wholly within the court’s discretion whether an amicus curiae will be heard.”

14. Select Secondary Sources and then A.L.R. a. Search for “entry into contract as ultra vires.” How many references are listed?

9,690 references were listed (as of Feb. 4. 2019) b. Search using Boolean Terms and connectors. Use this search command: “ultra vires /10 contract or agreement.” How many references are listed?

How many federal references are listed?

184 references are listed (five of which are federal) 15. From the first Westlaw screen, select Forms and then select American Jurisprudence Legal Forms 2d. a. Locate a form for a merger of a corporation. What does section 9 of the form relate to?

Section 9 relates to “Extraordinary Transactions.” b. What topic and Key Numbers are you given?

Corporations and Business Organizations 2655-2660 c. What Am. Jur. 2d reference are you directed to relating to approval of mergers by shareholders?

Am. Jur. 2d Corporations § 2246 289

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d. What does the “Easy Edit” feature for this form allow you to do?

Easy Edit is a formatted and ready-to-use version of the form.

16. From the first Westlaw screen, select Secondary Sources and then use the Secondary Sources Index to locate Am. Jur. Proof of Facts. a. Locate an article that relates to shock therapy malpractice. Give its citation and identify its author.

44 Am. Jur. POF 2d 499. The author is Richard J. Kohlman. b. What does section 11 of this article provide?

Section 11 provides a checklist of list of elements of proof indicating “evidence of the following facts and circumstances will support a finding of medical malpractice in connection with electroconvulsive therapy where plaintiff also alleges that the physician’s negligence was the proximate cause of a medical injury to him.”

17. Review the Federal Rules of Civil Procedure. If no jury demand is made, who tries a case? Give an answer and cite the rule that governs your answer.

Rule 39 provides that “issues on which a jury trial is not properly demanded are to be tried by the court. But the court may, oT nEmSoTtiB onA,NoK rdSeE rL aL juErR y. trCiaOl Mo n any issue for which a jury might have been demanded.”

18. From the first Westlaw screen, select “Legislative History” and then select “Arnold & Porter Legislative Histories.” Select the Americans with Disabilities Act of 1990. What is the Senate Report Number for this legislation?

S. Rpt. 101-116 19. Locate C.F.R. Review Part 500 of Chapter V (Wage and Hour Division, Department of Labor) of Title 19 of C.F.R. a. What is the definition of “migrant agricultural worker” for purposes of this Part?

The term “migrant agricultural worker” means an “individual who is employed in agricultural employment of a seasonal or other temporary nature, and who is required to be absent overnight from his permanent place of residence.” b. Can you email this section to yourself or another? If so, what icon would you select?

Yes. Select the “envelope” icon to email this section to yourself or another.

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Chapter 11 – Assignment Comparing Lexis Advance and Westlaw For each question, use both Lexis Advance and Westlaw.

[Note to Instructors: These questions and answers were prepared in January and February 2019. Thus, when your students answer these questions, their answers may vary from the answers in the answer key below because additional cases and other sources will have cited the authorities in the following questions in the time period after the questions were prepared. Nonetheless, the questions will give your students insight into the differences between the coverage of Lexis Advance and Westlaw.]

1.

Access 479 Mich. 112, 734 N.W.2d 548 (2007). a.

How many cases cite this case?

Lexis Advance: 70; Westlaw 71

b.

Review headnote 7 of the case. How many cases cite headnote 7 of this case?

Lexis Advance: 20; Westlaw: 12 (Note: Headnotes are not identical for each service because Westlaw uses its proprietary Key Number System for its headnotes.)

c.

How many law reviews cite this case?

Lexis Advance: 4

KeSiE Westl aTwE: S 5T(bBuAt N on sL aL reEfeRr. enCcO e Mt o West’s Criminal Law News, which is a periodical but not a traditional law review) d.

Give the citation to the newest law review article that cites this case.

For both services, the newest law review article is located at 33 W. Mich. U. T.M. Cooley L. Rev. 227 (2016)

2.

Access 42 F. Supp. 3d 111. a.

How many cases cite your case?

Lexis Advance: 8 Westlaw: 11

b.

Give the name of the oldest case that cites your case.

For both services, the oldest case is Akishev v. Kapustin, a 2014 case.

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c.

How many other sources cite your case?

Lexis Advance: three (all briefs) Westlaw: Westlaw indicates that eight secondary sources cite the case (including one A.L.R. annotation and seven “other” sources, including treatises), nine appellate court documents cite the cases, and 15 trial court documents cite the case.

3.

Access 3 U.S.C. § 302. a.

How many cases are listed in the Notes of Decisions or Case Notes for your case?

Lexis Advance: two Westlaw: Westlaw lists no cases in the Case Note annotations, but when the statute is KeyCited, 17 cases are listed. c. How many law reviews cite your case?

Lexis Advance: 7 Westlaw: 18

4.

Select to review only Florida state court cases. Enter the following exact search query: “statute of limitation” /10 “medical malpractice.” How many results are you given by each serT v iE ceS?TBANKSELLER.COM Lexis Advance: 19 cases Westlaw: 268 cases

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Internet Assignment for Chapter 11 1. Access Thomson Reuter’s Training and Support page for Westlaw at https://legal.thomsonreuters.com/en/support/westlaw. Locate “User Guides.” a. Select the Guide entitled “Westlaw Basics: Ten Quick Tips for Using Westlaw.” Review the seventh tip. For how long is your research history saved?

Research is saved for one year. b. Select the Guide entitled “Westlaw Alerts: Creating as Alert.” Can you elect to be notified if there are no results when an Alert search is run?

Yes. One can elect to be notified by time zone, time of year, or if no results occur when an Alert search is run. c. Select the Guide entitled “Westlaw Getting Started Guide.” i. Review Page 6. When you run a search, how many jurisdictions can you select to review?

One may elect to search in up to three jurisdictions. ii. Review Page 8. When you run a search on Westlaw, briefly describe the content that is searched by default.

When you run a search, you search all of the core legal content on Westlaw by default (including cases, statutes, TaEdm STinBisAtrNaK tiS veEm LaLtE erRia.lsC, O seMcondary materials, Key Numbers, and more). iii. Review Page 18. When you KeyCite, what does one green Depth of Treatment bar indicate?

One Depth of Treatment bar indicates a case was Mentioned. The citing case, administrative decision, or brief contains a brief reference to the cited case, usually in a string citation.

2. Access LexisNexis’s Quick Advanced Guide to Lexis Advance at www.lexisnexis.com/pdf/lexis-advance/quick-reference-guide.pdf. a. Review Page 9. Is Search Term Maps included with every case law search that you run?

Yes. b. Review Page 15. Briefly, what does Shepard’s Graphical grid show you?

“Rarely are cases overruled totally. Points of law within cases may continue to be cited across many jurisdictions. This grid shows you that quickly and effectively.” c. Review Page 19. For how long is your research history saved?

Research history is saved for 90 days.

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Research Assignment for Chapter 12 1. Access Congress.gov. Locate H.R. 3996 (115th Congress). a. Briefly, what is the subject matter of the bill?

This bill amends the federal judicial code to authorize various courts to transfer to the U.S. Tax Court a misfiled case within the Tax Court’s jurisdiction. b. Select “Actions.” When was the bill passed or agreed to by the Senate?

It was passed by the Senate on December 11, 2018. c. When did the bill become law?

It became law on December 19, 2018.

2. Access Congress.gov. Select to review the Senate section of the Congressional Record for December 19, 2018, pages S7835-S7838. Review Ms. Duckworth’s remarks. a. How many veterans did Ms. Duckworth state deserved care from the Veterans Administration?

90,000 b. What are “blue water Navy veterans”?

Blue water Navy veterans are those veterans who served at sea rather than on land.

3. Use any of the websites discussed in this chapter to obtain federal materials. What is the short title of PubTliEcSLT aw ? LER.COM BA11N5K-2S2E6L Its short title is “21st Century Integrated Digital Experience Act.” 4. Access the website USA.gov. Select “Government Agencies and Elected Officials” from the Menu. Locate information about the Bureau of Alcohol, Tobacco, Firearms and Explosives. a. Under which government branch is this bureau organized?

It is within or under the Executive Department SubOffice/Agency/Bureau. b. What is the parent organization for ATF? Its parent organization is the Department of Justice. c. Access ATF’s website and review information about the history of ATF and federal agent Eliot Ness. What fictional character is modeled on Eliot Ness?

The fictional character is Dick Tracy.

5. Access Cornell’s Legal Information Institute. a. Select Wex legal encyclopedia. Briefly, what is “watered stock”?

Watered stock is stock that is sold with a face value that is much greater than its actual (market) value.

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b. Select the Federal Rules of Criminal Procedure. May a defendant be arraigned by video teleconferencing?

Rule 10(c) provides that video teleconferencing may be used to arraign a defendant if the defendant consents.

6. Access D&B Hoovers website and search for Under Armour, Inc. (of Baltimore, Maryland). a. What is the company’s rank on the Fortune 1000 list?

Its rank is 527 (as of May 2018). b. Who are the company’s top three competitors?

Its top competitors are Nike, Inc.; Columbia Sportswear Co.; and adidas AG. 7. Access Google Scholar. a. What is the official citation for the 2003 case McConnell v. Federal Election Commission?

The citation is 540 U.S. 93. b. How many cases have cited this case?

4,014 cases cited this case. c. Review the case. Who delivered the opinion of the Court with respect to BRCA Titles I and II? Justice Stevens and Justice O’Connor delivered the opinion of the CoT urEtSwTitBhArN esKpS ecEt L toLB ERRC.ACOTM itles I and II. 8. Access CourtListener. Locate a 2010 Supreme Court case in which the plaintiff or petitioner’s name was Bilski. a. Give the official citation to this case.

51 U.S. 593 b. Which is the first case listed as cited by Bilski?

The case is Graham v. John Deere Co. of Kansas City. c. Select “Supreme Court Database ID.” i. What was the vote coalition for this case?

The vote coalition was 9-0. ii. Who was the respondent?

The respondent was the Department or Secretary of Commerce.

9. Access the website for the Wage and Hour Division of the Department of Labor and review its FAQs. a. If an employee is subject to both state and federal minimum wage laws, to which wage is the employee entitled?

The employee is entitled to the higher minimum wage rate.

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b. Is extra pay required for employees who work on weekends or nights?

FLSA does not require extra pay for weekend or night work.

Extra pay for working weekends or nights is a matter of agreement between the employer and employee (however, covered, nonexempt workers must be paid not less than time and one-half for time worked over 40 hours in a work week).

10. What is the basic filing fee to file an application for a plant patent?

The basic filing fee is $200 ($100 for a small entity and $50 fir a micro entity).

11. Access the website for U.S. Courts. a. What is the address for the Florida Northern Bankruptcy Court in Tallahassee?

The address is 110 East Park Avenue, Suite 100, Tallahassee, FL 32301. b. Review the local rules for the U.S. District Court for the District of Massachusetts. May you take a photograph of a defendant in a court proceeding?

No. Rule 83.3 provides that no photographs are allowed.

12. Access GovInfo and locate 7 C.F.R. § 735.109 (2018). To whom does a warehouse operator reTpE orS t aTdBiA saN stK erSaEt L aL licEeR ns.eC dO wM arehou s e?

One must report immediately the occurrence of the disaster or loss and the extent of the damage to DACO (the Deputy Administrator, Commodity Operations).

13. Access Google. Search for New York Business Corporation Law 306. What is the general subject matter of this statute?

This statute discusses service of process (on a corporation’s registered agent or on the secretary of state).

14. Access the website of the SEC. Search for company filings by Target Corp.

Review its Annual Report (Form 10-K) filed March 14, 2018. a. On which stock exchange does the company trade its stock?

The company trades on the New York Stock Exchange. b. How many stores did the company have in 2017?

The company had 1,822 stores. c. Who was the Chairman of the Board and the CEO for the company?

The Chairman and CEO was Brian C. Cornell.

15. Access the website for the law firm Jones Day. a. In which Australian cities does the firm have an office?

The firm has offices in Sydney, Perth, Melbourne, and Brisbane.

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b. What social media does the firm use?

The firm uses Twitter, LinkedIn, Facebook, and Google+.

16. If you subscribe to the e-newsletter Lexology, how often will you receive your tailored email newsfeed?

You will receive a daily email (although you can change this setting).

17. Access Justia. Select “Law Blogs.” a. How many blogs are devoted to aviation law?

19 b. Select “Aviation Law.” Can you elect to receive updates through an RSS feed?

Yes. 18. Access Justia to answer the following question: A client in Missouri is the victim of medical malpractice committed on January 3, 2019. What is the statute of limitations for the victim to bring an action for medical malpractice?

Missouri Rev. Stat. § 516.05 provides that all actions against physicians for damages for malpractice, negligence, error or mistake related to health care shall be brought within two years from the date of the occurrence of the act of neglect complained of (although there are some extensions if a foreign object is left in a person’s body or there is a neglTigEeS ntTfB aiAluNrK eS toEiL nfLoE rm atM ient of test results). Thus, R.a CpO the action must be brought by January 3, 2021.

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Research Assignment for Chapter 13 Answer the following questions, which are designed to test the research skills you have learned in the preceding chapters. If your answer is found in a statute, give the citation to the statute that supports your answer. You may use whatever sources you feel will best answer these questions, whether those sources are print, located through Lexis Advance or Westlaw, or located by using the Internet.

1. How is “civil union” defined in New Jersey? “‘Civil union’ means the legally recognized union of two eligible individuals of the same sex established pursuant to this act. Parties to a civil union shall receive the same benefits and protections and be subject to the same responsibilities as spouses in a marriage.”

N.J. Stat. Ann. § 37:1-29 2. Can ABC, a technology information company in Hawaii, prohibit its tech workers from working for its competitors after they leave employment with ABC? No. Companies are prohibited from including a noncompete clause or nonsolicitation clause in any employment contract relating to an employee of a technology business. Such a clause shall be void and of no force and effect. (Companies may still require employees to protect the employer’s trade secrets after an employee leaves.) Haw. Rev. Stat. § 480-4.

3. A client wishes to form TEaScT orB poArN atK ioS nE inLG LeEoR rg.iaC. O WMhat elements must be included in the articles of incorporation filed with the state?

The articles must include the following: a corporate name that satisfies the requirements of Code § 14-2-401; the number of shares the corporation is authorized to issue; the street address and county of a corporation’s initial registered office and the name of its initial registered agent at that office; the name and address of each incorporator; and the mailing address of the initial principal office of the corporation, if different from the initial registered office. Ga. Code Ann. § 14-2-202.

4. Lisa, a Minnesota resident, is making her will. The will states that all of Lisa’s property will be left to her son, Marcus. May Marcus sign Lisa’s will as a witness?

Yes. The signing of a will be an interested witness (such as Marcus) does not invalidate the will or any provision of it. Minn. Stat. § 542.2505.

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5. Anna was served on March 1 with a summons and complaint filed in the U.S. District Court for Massachusetts. The complaint alleges federal securities fraud.

When must Anna serve her answer to the complaint?

A defendant must serve an answer within 21 days after being served with the summons and complaint. Fed. R. Civ. P. 12. One excludes the day of the event that triggers the period, Fed. R. Civ. P. 6, so one should not count March 1. One includes the last day of the period. Id. Thus, the answer must be served by March 22.

6. May Rebecca, a federal judge, make a speech for her good friend, Tim, who is running for mayor in Rebecca’s city?

No. A judge should not make speeches for a political organization or candidate or publicly endorse or oppose a candidate for public office.

Code of Conduct for U.S. Judges, Canon 5.

7. Sam has been employed with his large, multinational company for ten months and has worked about 1,400 hours during that time. Is Sam eligible to take leave under the Family and Medical Leave Act for his serious health condition?

No. In order to be eligible to take leave under the FMLA, an employee must (1) work for a covered company, and (2) work 1,250 hours during the 12 months prior to the start of leave (and fulfill various other require T mEenStT s )B . 5AU .CE. L § L6E 38R1. , eCt Os eMq . Thus, although Sam has N.KSS worked sufficient hours, he has not worked for 12 months and is thus ineligible for leave under the FMLA. [Note to instructors: The answer to this question may also be found at the website of the Wage and Hour Division of the Department of Labor, which includes useful FAQs relating to the provisions of the FMLA].

8. Who owns the federal trademark RANCHERITOS (registered in 2013)? What is the translation of the mark?

The mark is owned by Frito-Lay North America, Inc. Its translation is “farmer” or “little rancher.”

9. What is the stock ticker symbol for Tesla, Inc.?

Its stock ticker is TSLA. 10. What is the citation for the short title of the Americans with Disabilities Act? The citation is 42 U.S.C. § 12101 note.

11. How is a voluntary bankruptcy case initiated?

A voluntary case under a chapter of the Bankruptcy Title is commenced by the filing with the bankruptcy court of a petition under such chapter by an entity that may be a debtor under such chapter. 11 U.S.C. § 301.

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12. What is the penalty for violation of the federal law relating to trusts or conspiracies in restraint of trade?

Upon conviction, the person shall be punished by a fine not exceeding $100,000,000 (if a corporation) or if any other person, $1,000,000, or by imprisonment not exceeding 10 years, or by both said punishments in the discretion of the court. 15 U.S.C. § 1.

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Internet Assignment for Chapter 13 1. Access the Legal Research Strategy Overview at Harvard Law School Library’s website at https://guides.library.harvard.edu/law/researchstrategy. What are the four steps in legal research strategy?

• Get Started • Consult Secondary Sources • Find Primary Authorities • Update and Analyze the Controlling Law 2. Access the guide entitled “Legal Research: An Overview” offered by the Darling Law Library at UCLA. What are the five steps in getting started when conducting research?

• Clarify the nature and scope of the project • Reiterate your understanding of the project • Maintain good communication throughout the process • Timely respond to emails • Project confidence 3. Access the “Research Process” page at Georgetown Law Library’s site at http://guides.ll.georgetown.edu/home/research-process. Review the Secondary Sources Research GuiT deE. SHToB wAdN oK seScE onLdL arEyRso.uCrcOeM s do the initial legwork for you when you conduct research?

“Secondary sources do the initial legwork for you by citing to primary and secondary authorities related to an area of law, and they often explain that area of law more thoroughly than would a single case or statute.”

4. Access the University of Washington Law School Law Library website. Select “Research Guides” and then select to review “Legal Research – Not Topic Specific.” Review the information about cases and reporters. What is the difference between official reports of cases and unofficial reporters?

“Official reports are published under the authority of the courts and may be printed by a government agency or a commercial publisher.

Unofficial reporters are printed by private publishers (such as West) with or without authority from the courts.”

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Assignment for Chapter 14 Grammar Select the Correct Word [Note that in many instances, other answers are acceptable.]

1. Either the contract or the amendment is/are missing.

2. The judge or the jury hear/hears the testimony.

3. The transcript or the exhibits is/are missing.

4. Each of the exhibits has/have been admitted into evidence.

5. Many of the photographs has/have been seen by the jury.

6. The committee of analysts has/have completed its/their report.

7. The contract, along with its numerous attachments, were/was removed from the file.

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9. The court have/has taken the matter under submission.

10. McDonald’s Corporation are/is releasing its quarterly report this week.

Correct the Following 1. The plaintiff pointed to the defendant. The man wearing the tie.

The plaintiff pointed to the defendant. The defendant was wearing a tie.

The plaintiff pointed to the defendant, who was wearing a tie.

2. The hearing could not begin without the judge. Who was late as usual.

The hearing could not begin without the judge. The judge was late as usual.

The hearing could not begin without the judge, who was late as usual.

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3. The document was read by the witness, it was then marked and admitted into evidence.

The document was read by the witness. The document [or “It”] was then marked and admitted into evidence.

4. I wore my white blouse to the trial, which was unfortunately stained with ink.

I wore my white blouse to the trial. The blouse was unfortunately stained with ink.

5. Examine the following three sentences and then answer the questions placed after them: a. Just the partner was selected to make remarks at the meeting. b. The partner was just selected to make remarks at the meeting. c. The partner was selected to just make remarks at the meeting.

Question (i): Which sentence means that the partner was selected to make remarks at the meeting and to do nothing else? Sentence 5.c means that the partner was selected to make remarks at the meeting and to do nothing else.

Question (ii): Which sentence means that the partner and no one else was selected to make remarks at the meeting? Sentence 5.a means that only the partner (and no oTnEeSelTseB)AwNaK s se to.m SEleLctLedER CaOkMe remarks at the meeting.

Question (iii): Which sentence means that the partner was only recently selected to make remarks at the meeting? Sentence 5.b means that the partner was only recently selected to make remarks at the meeting.

6. The license was given to the plaintiff with the attachment.

The license with the attachment was given to the plaintiff.

7. The witness testified that she saw a car behind the office with a broken taillight.

The witness testified that she saw a car with a broken taillight behind the office.

8. I asked her to not examine the witness.

I asked her not to examine the witness.

9. Anxiously awaiting the verdict, my hands were shaking.

As I anxiously awaited the verdict, my hands were shaking.

10. A pilot must keep the safety of his passengers as his first priority.

Pilots must keep the safety of their passengers as their first priority.

Pilots must keep the safety of passengers as the first priority.

A pilot must keep the safety of passengers as his or her first priority.

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Pronouns Select or Fill in the Correct Pronoun or Rewrite to Make the Sentence Clearer 1. Give the brief to whoever/whomever can proofread it quickly.

2. It was me/I who gave the will to the client.

3. Give the settlement agreement to Lyndsey and she/her.

4. We/Us on the conflicts committee issued new guidance for determining a conflict of interest.

5. Either Anthony or I/me will attend the hearing.

6. He asked Beth and me/me and Beth to meet the client.

7. Please contact Jeff or me/myself if you have any questions.

8. If a witness makes an error he or she should correct it immediately.

9. Neither of the witnessT esEbSroTuBgA htNhKisSoErLhL erE/tR he.irCnOoM tes.

10. Although the briefcase fell onto the floor, it was not damaged.

Although the briefcase fell onto the floor, the briefcase was not damaged.

11. To who/whom was the settlement offer sent?

12. Whom/who should I talk to about the interrogatories?

13. Whose/Who’s brief was filed with Judge Ruiz?

14. I own two houses. My house which is rented to Sam is in Tampa.

I own two houses. My house that is rented to Sam is in Tampa.

15. I need the document, that was amended.

I need the document that was amended.

16. I own two pens. My pen, which is blue, is out of ink.

I own two pens. My pen that is blue is out of ink.

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Spelling Select the Correct Spelling 1. The outcome of the hearing was predictible/predictable.

2. Gina is a dependable/dependible witness.

3. The receipt/reciept is attached.

4. The appellent’s/appellant’s brief had four sections.

5. The accident was entirely preventible/preventable.

6. The testator left all of his tangible/tangable assets to his son.

7. The complaint alleged two occurrences/occurences of fraud.

8. She apologized promptly and sincerly/sincerely.

9. The company’s principal/principle office is in Seattle.

10. The corporation issued convertible/convertable stock.

Punctuation

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Correctly Punctuate the Following Sentences or Indicate If They Are Correct 1. To incorporate a business without reserving a corporate name would be reckless.

This sentence is correct.

2. The trial was over, but the news media remained in the courtroom.

3. The brief, that I filed with the court, is missing its appendix.

The brief, which I filed with the court, is missing its appendix.

The brief that I filed with the court is missing its appendix.

4. The corporation reported that its profits fell due to higher taxes, increased labor costs, and unexpected litigation expenses.

5. The firm has instituted a new rule; time sheets must be submitted every Friday.

The firm has instituted a new rule: Time sheets must be submitted every Friday.

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sentences as well. Because the two sentences are closely related, the semicolon is likely correct as well, although the colon is probably the best mark to use.]

6. Mason asked, “Did you draft this brief”?

Mason asked, “Did you draft this brief?”

7. The elderly mans’ gait was unsteady.

The elderly man’s gait was unsteady.

8. The motion will be heard on Thursday; however, we must begin preparing on Monday.

This sentence is correct.

9. The Rubios complaint was amended. That is the second time the Rubios have amended their complaint.

The Rubios’ complaint was amended. That is the second time the Rubios have amended their complaint.

10. Both plaintiff’s briefs were submitted to the court on Tuesday.

Both plaintiffs’ briefs were submitted to the court on Tuesday.

11.

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She is a well respected e du cator.

She is a well-respected educator.

12. The judge stated, “The motion is denied.”

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Internet Assignment for Chapter 14 1. Access GovInfo and locate the U.S. Government Publishing Office Style Manual, a. Review Chapter 2. How many spaces should be placed after a period that ends a sentence? What section governs your answer?

Section 2.49 provides there should be one space. b. Review Chapter 3, and either correct the following or indicate if they are correct: i. I will see you in the Fall.

Incorrect Correct: I will see you in the fall. ii. We will be visiting the Eastern States.

Correct c. Review Chapter 6, and either correct the following or indicate if they are correct: i. He is working on a large-scale project.

Correct ii. She now has a better paying job.

Correct iii. These w TeErS eT ouBrAagNrK eeSdE -uLpL onEsRta.nC daOrdMs. Correct iv. The agency acts in a quasi judicial manner.

Incorrect. This should be quasi-judicial. v. The effects were far-reaching.

Incorrect. This should be far reaching. d. Review Chapter 8, and either correct the following or indicate if they are correct: i. ii. iii. iv.

Massachusetts laws Correct Arms length Incorrect. This should be arm’s length.

Two week’s pay Incorrect. This should be two weeks’ pay.

In the event of Mary’s leaving Correct

2. Access www.bartleby.com, and review Section II of The Elements of Style.

Either correct the following or indicate if they are correct. a. Charles aunt lives in New York.

Incorrect. This should be Charles’s aunt. b. The applicant who best meets the job requirements will be hired.

Correct

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c. The brief was edited but it must be revised and proofread before it is filed with the court.

Incorrect. A comma is needed before the coordinating conjunction but.

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Research Assignment for Chapter 15 PRECISION Select the Correct Word in the Following Sentences, or Rewrite the Sentences to Eliminate Vague Wording or Improve Word Connotation [Instructors: In many instances, other answers are acceptable.]

1. Selecting an incorrect word will affect/effect your communications.

2. Fewer/Less writers draft projects in longhand then/than use word processors to compose their projects.

3. Lisa decided to forgo/forego attending the event.

4. Mr. Reynolds was found guilty by a jury. He appealed the verdict, and the appellate court overruled/reversed the lower court decision.

5. The corporation’s principle/principal office is in New York.

6. The principle/principT alEoS fT freBeAsN peKeS chEiL sL guEaR ra.nC teO edMby the Constitution.

7. The investment will require a significant infusion of capitol/capital into the project.

8. The witness is a frequent drinker.

The witness drinks every day.

The witness drinks on [ ] occasions each week.

9. The defendant left the area in 2018.

The defendant left Denver in 2018.

10. Adverse counsel was picky in her review of the contract.

Adverse counsel was careful [or meticulous] in her review of the contract.

CLARITY Rephrase Each of the Following to Produce a Clearer Sentence 1. Senior citizens qualify for a discount of ten percent. This discount will be provided to all elderly customers.

Senior citizens qualify for a discount of ten percent. This discount will be provided to all senior citizens.

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2. The store’s policy provides that it will not accept goods returned after thirty (30) days.

The store’s policy is to reject goods returned after thirty (30) days.

3. The document does not have a table of authorities.

The document lacks a table of authorities.

4. The facts in Jones are not unlike those in Smith.

The facts in Jones are similar to those in Smith.

5. No approval of any landscape alterations will be implied in the absence of the committee’s express approval.

The committee’s express [written or oral] approval must be obtained for any landscaping alterations.

6. There are three qualifications a successful job applicant must possess.

Successful job applicants will possess three qualifications.

READABILITY Rewrite the Following Sentences to Make Them More Readable by Using the Active Voice and Omitting Nominalizations

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1. A new sexual hara ssment policy was issued by the corporation.

The corporation issued a new sexual harassment policy.

2. Additional funding was provided by the bank.

The bank provided additional funding.

3. An amendment to the lease was drafted.

[Identify person] drafted an amendment to the lease.

4. Please submit your application for an exemption.

Please apply for an exemption.

5. If you cannot make a payment of the $100 application fee, you cannot take the examination.

If you cannot pay the $100 application fee, you cannot take the examination.

6. A distribution of profits will be made during the month of December.

Profits will be distributed in December.

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Rewrite the Following Sentences to Make Them More Readable by Using Parallel Structure 1. Employees must provide travel documentation accurately, in a timely manner, and as detailed as possible.

Employees must provide travel documentation accurately, quickly, and thoroughly.

2. The client was advised to complete the interrogatories, that she should review all of the documents, and to note any inconsistencies in the contracts.

The client was advised to do the following: • complete the interrogatories; • review all documents; and • note any inconsistencies in the contracts.

3. Candidates must show leadership skills, communication proficiency, and be responsible for monthly reports.

Candidates must show leadership skills and communication proficiency, and will be responsible for monthly reports.

Candidates must show leadership skills, communication proficiency, and responsibility for monthly for monthly reports. [Instructors: This second sentence is a bit awkward, but it does show parallel structure.]

TESTBANKSELLER.COM Rewrite the Following Sentences to Make Them More Readable by Eliminating Jargon and Redundant Expressions 1. The lease is enclosed herewith.

The lease is enclosed.

I am enclosing the lease.

2. Once you submit your request, it will thereafter be reviewed.

Once you submit your request, it will be reviewed.

Your request will be reviewed upon submission.

3. The parties hereto do hereby agree and consent to the following terms for the license described hereinabove.

The parties agree to the following terms for the license described in [ Paragraph 5 ].

4. We have asked the court for permission to file an amicus curiae brief.

We have asked the court for permission to file an amicus curiae (“friend of the court”) brief.

5. We are going to go to court in order to make a motion.

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We are going to court to make a motion.

6. Unless and until the repairs are made and completed, the tenant will not pay or remit rent.

The tenant will not pay rent until the repairs are made.

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Internet Assignment for Chapter 15 1. Review the SEC’s guidance document Plain English Handbook at its website at www.sec.gov. Review Chapter 6. a. Review the information on long sentences. What are the five characteristics shown by the plain English rewrite of the long sentence?

The rewrite uses everyday words; short sentences; active voice, regular print, and personal pronouns. b. Review the information keeping sentence structure parallel. What technique can you use to make unparallel constructions easier to spot?

A writer can read aloud to spot unparallel constructions.

2. Locate the Plain English Guidelines at www.plainlanguage.gov/guidelines.

Review the information on Choosing Your Words Carefully and Using Simple Words and Phrases. Give the recommended substitutions for the following terms: accomplish; designate; for a period of. accomplish carry out, do designate appoint, choose, name for a period of for enEeSVToB loA khN’K sS siE teLaL t ER.COM 3. Access Professor EugT www2.law.ucla.edu/Volokh/legalese.htm. Give the recommended substitutions for the following terms of legalese: any and all; in the course of; on a number of occasions. any and all all in the course of during on a number of occasions often or sometimes 4. Access Purdue Online Writing Lab’s site. Review the information on components of an outline. What four suggestions are given to create an effective outline?

• Parallelism. (Headings and subheadings must be in parallel structure.)

• Coordination (All information in Heading 1 should have the same significance as the information in Heading 2.)

• Subordination (Information in headings should be more general, while the information in subheadings should be more specific.)

• Division (Each heading should be divided into two or more parts.)

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Assignment for Chapter 16 – Sample Letters Traditional Letter Assignment Notes to Instructors: The following letter is merely a suggested format. Student papers will vary greatly. In any event, student papers should include the following: • • •

Recitation of the facts Explanation of the effect of intestacy Explanation that termination of parental rights will disqualify a parent from inheriting

Also, be sure that students spell the names “Kymberly” and “Nielsen” correctly. Failure to do so shows lack of attention to detail or poor proofreading.

Additional Notes to Instructors: • It seems a bit harsh to recite the language of Section 2-114 that a parent who is barred from inheriting because parental rights have been terminated is treated as if the parent predeceased the child. Thus, that principle is not mentioned in this letter.

• It is also not necessary to explain that the fact that Kymberly and her father were estranged is not a termination of his rights and that even if his rights had been terminated, Kymberly’s estate would pass to the state. Those facts or items are not SlTisBonA N N iKe S applicable or relevant TtoEA lseEnL; L thE usR, . thCeyOM are not discussed in the letter.

• Feel free to modify the facts so that Alison does inherit the estate. It is often a good approach, however, to give an assignment that requires students to write “bad news” letters to clients because it is difficult for them to do so clearly and unequivocally.

The Uniform Probate Code can be found at the following site: www.uniformlaws.org.

Sections 2-101 (“Intestate Estate”), 2-103 (“Share of Heirs Other Than Surviving Spouse”), and 2-114 (“Parent Barred from Inheriting from Inheriting in Certain Circumstances”) control this fact pattern.

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Perez & Smith L.L.P. 123 Street City, State 12345 Telephone Number Date PRIVILEGED AND CONFIDENTIAL Ms. Alison Nielsen 123 Street City, State 12345 Re:

Share of Surviving Parent in Intestate Estate

Dear Ms. Nielsen: First, let us express our sincere sympathy on the death of your daughter, Kymberly.

Thank you for asking us to review the law relating to the share that a surviving parent is entitled to when a child dies without a will.

As we understand them, the facts are as follows: Your daughter, Kymberly, recently died in a car accident. Kymberly, who was 18 at the time of her death, left no will and no surviving spouse, children, or siblings. Two years ago, Kymberly petitioned a court and had your parental riT ghEtS sT teB rmAiN naKteSdE . ALlLt hEo R u g.hCKOyMm b e r l y ’ s father is still alive, Kymberly was estranged from him at the time of her death. Please let me know if any of these facts are incorrect.

In this state, when a person dies without a will, his or her entire estate is said to pass by “intestate succession,” and the share of his or her survivors in that estate is strictly controlled by statute. The applicable statutes in this state provide that if a child dies without any surviving descendants, the child’s entire intestate estate passes to his or her parents in equal shares.

However, state law also provides that a parent is barred from inheriting from a child if the parent’s parental rights were terminated and the parent-child relationship was not judicially re-established. Thus, because your parental rights were terminated two years ago, unfortunately, you cannot succeed to any portion of Kymberly’s estate, and that estate will likely pass to Kymberly’s father.

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We regret that the applicable laws bar you from inheriting any portion of Kymberly’s estate. If there are any other facts that you know of that might allow for an exception to these state laws (such as judicial reestablishment of your parental rights), please let us know. We wish you the best during this difficult time.

Please let us know if you have any questions.

Sincerely, Sofia Perez

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Assignment for Chapter 16 Email Letter Assignment Notes to Instructors: The following letter is merely a suggested format. Student papers will vary greatly. The style of student email letters may be informal, but the email letter should be short, clear, and free of any errors. All of the information needed to write the email can be found at the Copyright Office’s website at www.copyright.gov/circs/circ30.pdf. You may wish to tell students to look for Circular 30 relating to the “work made for hire” doctrine.

Most email communications from law firms include a confidentiality notice at the bottom of the communication. You may wish to remind your students to include such a notice or to include a specific confidentiality notice at the beginning of the email. ============================================================== Dear Hank, As you asked, we researched the question whether an employer or employee owns written materials developed by employees. The Copyright Act provides that an employer presumptively owns the copyright in works created by its employees.

Educational materials are protected by copyright as “literary works” under the Copyright Act. Ordinarily, the author of a work is the person who creates the work. “Works made LoLrE for hire” are an exception to tT hiE sS ruTleB. A WNhK enSaEw k Ri s .o Cn eO “Mm a d e for hire,” the author is not the individual who actually created the work; the party that hired the individual is considered both the author and the copyright owner of that work.

Thus, because the written materials are being created by your employees as part of their regular duties, EdTech will be viewed as both the author and owner of the work.

Let me know if you have any questions or if we can help you in registering the copyright in the materials.

Best, Marty

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Internet Assignment for Chapter 16 1. Access the site www.michbar.org/file/generalinfo/plainenglish/pdfs/02_june.pdf and read the article about writing client letters. What is the general advice given about including formal legal citations in a letter?

The heading is “Limit Formal Legal Citations or Simplify Them Greatly.” Citations “clutter up” the text and contain specialized information that most clients won’t understand.

2. Access the site www.irmi.com/articles/expert-commentary/a-few-tips-on-writingto-opposing-attorneys and read the article by Gary Blake on writing letters to opposing attorneys. Review the section titled “Avoiding an Adversarial Tone.”

What five pieces of advice are given to prevent an inappropriate tone in letters to other attorneys?

• Prefer positive to negative words.

• Don’t write when you’re angry.

• Don’t use value judgments designed to make readers feel bad about past mistakes.

• Apologize completely.

• Empathize before stating an opinion.

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Assignment for Chapter 17 - Memorandum Assignment (Notes for Instructors) Many other styles and formats for the Memo are also acceptable. Cases cited and relied upon by students will vary; however, some of the cases cited in the following Memo are well-known cases relating to rights under the Visual Artists Rights Act, especially, Pollara v. Seymour, 344 F.3d 265 (2d Cir. 2003), whose facts are highly similar to those in the Memo’s fact scenario.

Students should begin their research by reviewing the Visual Artists Rights Act, 17 U.S.C. § 106A. Once they read the annotations following the statutory language, they will be send to Pollara and other similar cases. Once they review Pollara, they can then Shepardize or KeyCite to locate other similar authorities, law reviews, and treatises such as Nimmer on Copyright.

Making the Assignment Easier or Harder To make the research portion of the assignment easier, you may either assign this as a “closed” memorandum and identify some or all of cases you wish the students to review, or you may add the following statement to the fact pattern/instruction to students: “I believe that there is a helpful annotation written on this topic and published in A.L.R. Fed.” [Note to Instructors: The helpful annotation is found at 138 A.L.R. Fed. 239.]

The fact pattern in the Memo is quite straight forward. There are virtually no authorities that would support the artist being able to recover under the Visual Artists Rights Act. The artist’s mu ralTi E sS clT eaBrlA y N prKoS mE otLioLnE alR ; . thC usO, M it is not protectable under VARA. You can make the Memo more difficult by adding or changing a few facts: •

If you omit references to the promotional nature of the mural and state that the mural was destroyed or damaged by light (because the museum displayed it under bright lights) or by water (because the museum neglected to close a door and rain fell on the mural, washing away its colors), students will then have to discuss whether the museum was negligent in allowing damage or destruction to the mural. There are several cases that hold that ordinary negligence is not actionable under VARA but that if a party acts with gross negligence in allowing destruction of a work of visual art, such is actionable.

•

You can omit references to the promotional nature of the mural and require students to discuss whether the mural is of sufficient “recognized stature” that it is protected against destruction.

•

You can “tone down” (or omit) the promotional nature of the message on the mural and make the purpose of the mural more ambiguous, requiring students to discuss further whether the mural is advertising/promotion (and thus not protected under VARA) or is a work of “recognized stature” (such that it is protected under VARA).

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Students may not want to reach the conclusion that our client has no avenue of recovery under VARA. They may struggle with being neutral and objective, preferring to conclude somehow that the purpose of the mural is purely artistic rather than promotional. As the memo facts are currently presented, I do not believe that there is valid support for reaching the conclusion that the mural’s purpose is artistic (and not promotional) and would thus be protected under VARA. My suggested Memo that follows is a bit long (and is shown with single spacing, for space purposes in this Instructor’s Manual although the instructions for the Assignment require double spacing). Students should be able to provide a shorter Memo.

Citation Notes Citations are shown in Bluebook format.

Grading Considerations Consider the following when correcting and grading the completed Memos: •

A well-constructed Memo should begin by citing the statutory provisions that pertain to this matter (namely, 17 U.S.C. § 106A and 17 U.S.C. § 101). Memos should then proceed to discuss the cases interpreting the critical provisions of the statutes. Citing the staT tuEteSs T wBilA l “NfrKaS mE e”LtL heEdRi. scC usOsM ion to follow.

•

The facts in Pollara v. Seymour, 344 F.3d 265 (2d Cir. 2003) are so similar to those of our fact scenario, all Memos must discuss this case. Other cases should be discussed as well (because they make clear that all advertising and promotional works are unprotectable under VARA whether the works are promoting a forprofit/commercial item or a nonprofit event).

•

My suggested Memo begins with a brief discussion that two types of works are not protected under VARA: works that are not visual art and works made for hire.

My Memo gives a brief definition of the term “work made for hire,” but there is no need for an in-depth analysis of the work made for hire doctrine. Analyzing that concept in depth is not needed and simply takes up space.

•

My suggested Memo briefly discusses that nontraditional art forms such as graffiti are protected as works of “visual art.” There may be a few students who leap to the conclusion that graffiti or aerosol works are not “art,” and those cases cited make clear that graffiti can be protected under VARA. Likewise, my suggested Memo clarifies that a “mural” is viewed as a subset of “paintings.”

(Paintings are specifically mentioned as works of visual art in 17 U.S.C. § 101, whereas murals are not specifically mentioned by the statute. The Hunter v.

Squirrel Hill Associates and Pollara cases, however, recite legislative history that spells out that murals are works of visual art.)

•

Students should correctly spell “Jon” (and not show it as “John”).

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•

The term “Visual Artists Rights Act” is as shown here and has no apostrophes.

•

Students should not rely on any cases decided before 1990, the date of passage of the Visual Artists Rights Act.

•

The information in the fact pattern that Cope has received media recognition for his mural is a “red herring.” It is not relevant. Because the work is highly unlikely to be a work of “visual art” (because its primary purpose is promotional), there is simply no need to discuss whether the mural is one of “recognized stature” such that its destruction is actionable under VARA.

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Chapter 17 (Suggested Traditional Memorandum) Memorandum To:

Senior Attorney

From: Paralegal Re: Jon Copeland – Visual Artists Rights Act Date: Month Day, Year

Facts Our client, Jon Copeland (“Cope”) is a well-known street artist who has created numerous works of aerosol art or graffiti. Cope’s work has also been exhibited in various mainstream museums throughout the United States.

Cope and the nonprofit Modern Art Museum entered into an oral agreement whereby Cope agreed to create a mural to celebrate the opening of the Museum’s new wing, the Bell Pavilion, dedicated to nontraditional art forms.

The mural Cope created was sprayed on a wall (at the entrance to the new wing) with aerosol paint and was 12 feet high and 20 feet long. The mural showed several artists in various poses, holding chalk, cans of spray paint, and paint brushes. It displayed the wording “Preserve Art inT AE llSFT orBmAsN . CKoSmEeLVLi sEi tRB.eCl l OPMa v i l i o n . ” Cope was paid $40,000 for his work, which was recognized by several newspapers and critics as being “bold” and “visionary.”

After the six-month opening celebration ended, the Museum painted over Cope’s mural in anticipation of its next exhibition. Cope has retained us to determine if any of his rights under the federal Visual Artists Rights Act have been violated.

Issue Is a mural promoting support for a nonprofit museum a work of “visual art” such that its destruction is a violation of the Visual Artists Rights Act? Brief Answer No. A work such as a mural that might otherwise be protected under the Visual Artists Rights Act is not protectable when its primary purpose is promotional.

Discussion Introduction to the Visual Artists Rights Act The Visual Artists Rights Act (“VARA”), 17 U.S.C. § 106A (2012), was enacted in 1990 to provide protection of “moral rights” or noneconomic of artists. Moral rights protect artists’ rights of attribution (the right of artists to control use of their names as they are associated with works of art) and rights of integrity (protection of artists’ works from destruction, alteration, or modification even after they have sold a work). The present case relates solely to the right of integrity, namely, Cope’s right to prevent 322

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mutilation or modification of his work if such would be prejudicial to his honor or reputation and to prevent destruction of a work of recognized stature.

Exclusions from Protection Under VARA VARA does not protect every type of art work but only works of “visual art.” Id. The term “visual art” is defined in 17 U.S.C. § 101 (2012) as “a painting, drawing, print, or sculpture” existing in a single copy or limited edition. The statute expressly excludes the following from the definition of visual art: “any merchandising item or advertising, promotional, descriptive, covering or packaging material or container.” Id. Further, VARA does not protect “works for hire,” which are works prepared by employees in the scope of their employment or specific types of specially commissioned works if the parties agree in writing that the work is one made for hire. Because the mural at issue in the present case does not fall within the definition of a work made for hire, the sole issue is whether the mural is a work of “visual art.”

Promotional Materials Are Not Works of Visual Art Courts have held that whether a particular work falls within the definition of a “work of visual art” should not depend on the medium or materials used. Carter v.

Helmsley-Spear, 71 F.3d 77, 84 (2d Cir. 1995) (citing H.R. Rep. No. 101-514, at 9).

Thus, the fact that a work is nontraditional, such as graffiti, does not exclude it from being protectable under VARA as a work of visual art. In fact, in Cohen v. G&M Realty L.P., 988 F. Supp. 2d 212, 216 (E.D.N.Y. 2013), the court specifically held that works of aerosol art were protectable under VARA. Moreover, a mural, asTaEsS ubTsB etAoN fK paSinEtiL ngLsE , iRs .p rCoOt eMct a b l e under VARA as a work of visual art. Hunter v. Squirrel Hill Assocs., L.P., 413 F. Supp. 2d 517, 519 (E.D. Pa. 2005). Nevertheless, the Copyright Act specifically excludes promotional or advertising works from the protections of VARA. 17 U.S.C. § 101. Thus, the mural in the present case, although nontraditional aerosol art, is protectable, but only if it does not advertise or promote.

Pollara v. Seymour, 344 F.3d 265 (2d Cir. 2003) examined whether a painted banner created for a nonprofit group to draw attention to the group’s efforts to advocate for legal services to the poor was a protected work of visual art. The banner (also referred to as a mural, by the court below) displayed stylized figures and contained wording advocating preservation of the right to counsel. The mural was a backdrop to an information table and was used at a lobbying event to promote legislative efforts to support legal assistance. After the event, the banner was removed and mutilated, and its creator asserted claims under VARA. The court noted that protection of the banner under VARA depended on the work’s objective and evident purpose and stated that drawings and paintings are protected, but only if they do not advertise or promote. The court gave a variety of examples of protectable works and concluded that in each case, VARA’s protections depended on the purpose of the work.

Because the banner in Pollara was created for the purpose of drawing attention to an information desk, as part of a lobbying effort, and the banner overtly served to promote in word and picture and lobbying message, there was no doubt that the banner’s 323

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purpose was to serve as advertising and promotional material for the group’s lobbying effort. Id. at 270. The artist, Pollara, argued that it was significant that the banner was commissioned by a political advocacy organization, that the banner had a political message, and that the banner was non-commercial, thereby distinguishing the work from commercial advertising materials. The court, however, concluded that the term “advertising” as used in 17 U.S.C. § 101 contained no such limitation. The court noted that there is public interest advertising, “including advertising for museums and art,” Pollara, 344 F.3d at 270 (emphasis added), as well as political advertising, all of which are excluded from VARA’s protections. Finally, the court concluded as follows: Congress chose to exclude from the scope of VARA all advertising and promotional materials, regardless of whether the thing being promoted or advertised was a commercial product or (as here) a particular advocacy group’s lobbying efforts, and regardless of whether the work being used to promote or advertise might otherwise be called a painting, drawing, or sculpture.

Id. Similarly, in the present case, Cope’s mural was created for the purpose of promoting the museum’s exhibition. Its figures and its wording promoted the museum’s message of protecting art in all forms and advertised the opening of the new museum wing. The fact that what was being promoted was art rather than a commercial product is not relevant under Pollara. Thus, the destruction of Cope’s mural is highly unlikely to be actionable under VARA.

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Noncommercial Purpose Is Not Required for a Work to Be Entitled to VARA Protection A number of cases have examined works whose purpose was to promote a commercial event or item (rather than to promote nonprofit uses, lobbying, or advocacy).

Thus, in Kleinman v. City of San Marcos, 597 F.3d 323, 329 (5th Cir. 2010), a smashed car was filled with dirt and plants and placed in front of a gift store. The court held that the work was not entitled to the protections of VARA because its purpose was to promote the store’s business. Similarly, in Rivera v. Mendez & Co., 824 F. Supp. 2d 265, 268-69 (D.P.R. 2011), the court held that works that would “otherwise be called paintings and prints” but were used to promote an annual jazz festival were not protected under VARA. Likewise, it has been held that design renderings created to promote a trade show exhibit were not protected under VARA because they were intended to profit the exhibitor and attract more business. MG Design Assocs. v. Costar Realty Info. Inc., 224 F. Supp. 3d 621, 634 (N.D. Ill. 2016).

In none of these cases, however, did the courts hold that the nature of the work being promoted was critical to a determination as to whether promotion had occurred.

The courts rather focused on the promotional purposes of the works. Thus, in Berrios Nogueros v. Home Depot, 330 F. Supp. 2d 48 (D.P.R. 2004), the court examined the use of plaintiff’s work of art by Home Depot in its stores, posters, and promotional brochures. The court relied on the specific language from Pollara in holding that Congress chose to exclude from VARA’s protection all advertising and promotional materials, “regardless of whether the thing being promoted or advertised was a 324

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commercial product.” Id. at 51 (quoting Pollara, 344 F.3d at 270). As Professor Nimmer has commented, a museum could sell attributed post cards of an artist’s work, cropping them in ways offensive to the artist, and a gallery could produce a catalog for its exhibitions of hundreds of works of an artist and omit the artist’s name without violating VARA because these uses serve to advertise. 3 Melville B. Nimmer & David Nimmer, Nimmer on Copyright § 8D.06 (rev. ed. 2018). Thus, VARA’s protections are limited depending on the nature of the purpose of the work, not the nature of the client for which the work is created. See Pollara, 344 F.3d at 270.

The district court in Pollara v. Seymour, 206 F. Supp. 2d 333 (N.D.N.Y. 2002) (“Pollara I”) noted that because the Copyright Act did not define either the term “advertising” or the term “promotional,” it was appropriate to interpret those terms according to their ordinary definitions. The court then relied on the American Heritage Dictionary to determine that “advertising” was the act of attracting attention to a product or business and “promotion” was advertising or other publicity. Id. at 337. Because the purpose of the mural in Pollara I was to attract attention and publicity to the information table and because the mural had no economic value beyond its use at the lobbying event, the court held that the work was not intended for any purpose beyond that of promoting the event. Id. Thus, because the work was a promotional display, it was not a work of visual art for the purposes of VARA. Similarly, in the present case, the mural’s purpose was to attract attention to the museum exhibition and promote the arts. It likely had no value beyond its use at the museum. Thus, because the work was intended to promote the museum and attract more “business” to the museum, itsTdEesStrTuB ctA ioN nKseSeE mL sL hiEgR hl. y Cu nOl M i k e l y to be actionable under VARA. Finally, although VARA protects works of visual art from destruction if a work is of “recognized stature,” 17 U.S.C. § 106A(a)(3)(B), as in Pollara, once a work is determined to be excluded from VARA’s protection because its purpose is promotional, a court need not consider whether the work is of recognized stature. 344 F.3d at 268, 271.

Thus, the fact that Cope’s work has been lauded by critics is not relevant because the purpose of the work was promotional, thus bringing it outside the protection of VARA. Conclusion Because VARA expressly excludes from its protection works created for the primary purpose of promoting or advertising, Cope’s banner is not subject to protection under VARA. Congress chose to exclude from the scope of VARA advertising and promotional materials, regardless of whether the thing being promoted or advertised is a commercial product or a particular group’s lobbying efforts and regardless of whether the work being used to promote or advertise might otherwise be called a painting, drawing, or sculpture.

Thus, if the primary purpose of a work is promotional, even if the client for which it is prepared is nonprofit, it will not be entitled to VARA’s protection.

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Chapter 17 Email Memo Assignment Notes for Instructors: The style and content of your students’ email memos will vary. All email memos should respond to the four specific questions asked by the client, and all should include descriptive topic headings for each of the four specific questions/topics. It is a good idea for students to caution the client that additional research should be done to ensure that the client does indeed have a credible claim for insider trading before she files a whistleblower complaint with the SEC. All of the information needed to prepare the email memo can be found at the website of the SEC’s Office of the Whistleblower. The specific information needed can be found in the FAQs section of the website at www.sec.gov/whistleblower/frequently-askedquestions. It is not plagiarism to “copy” information provided by the federal government; works prepared by the federal government are not protectable by copyright. 17 U.S.C. § 105.

To make the email Memo more difficult, omit the statement in the email assignment that students can locate the relevant information on the SEC’s website.

Most law firms’ emails automatically include a notice of confidentiality. Thus, students may or may not add their own notice of confidentiality. ============================================================== Email Memo Assignment

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You have received the following research assignment by email from Eliza Watkins, one of the senior attorneys in your firm: Hi, One of our clients, Rebecca Winslow, believes she has evidence of federal securities fraud (specifically, insider trading) by her employer, Capstone Investment Group.

Rebecca is interested in knowing how to file a whistleblower tip or complaint with the SEC about the fraud, and if she does so, whether her privacy will be protected, any possible rewards available to whistleblowers, and whether Capstone can retaliate against her.

Please draft a short memo we can send to Rebecca by email. I believe you should be able to obtain all the information you need on the SEC’s website.

Eliza ===============================================================

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Dear Rebecca, We understand that you believe you have evidence of federal securities fraud (specifically, insider trading) by your employer, Capstone Investment Group. You have asked us to determine how to file a whistleblower complaint with the SEC, and, if you do so, whether your privacy will be protected, any possible reward that you may be entitled to, and whether Capstone can retaliate against you for filing a complaint. Following is our preliminary analysis of the issues.

Filing a Whistleblower Complaint Individuals may file a complaint or tip with the SEC alleging possible violations of federal securities laws that have occurred, that are ongoing, or that are about to occur.

Insider trading is a violation of federal securities laws; however, before you file a complaint or tip, we believe we should conduct some additional research to ensure that the conduct you have witnessed or know of does, in fact, constitute insider trading or some other violation of federal securities laws.

A tip may be filed with the SEC’s Office of the Whistleblower in two ways: •

By submitting the information through the SEC’s online portal; or

•

By mailing or faxing the appropriate form to the SEC in Washington, D.C.

The SEC prefers that the information be submitted online rather than in hard-copy.

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Rewards

The SEC may provide monetary awards to eligible individuals who provide original, timely, and credible information that leads to a successful SEC enforcement action against those who violate federal securities laws. Rewards are available only if the SEC obtains an order of monetary sanctions exceeding $1 million. The amount paid ranges from 10 to 30 percent of the amount collected by the SEC. Protection of Privacy By law, the SEC protects the confidentiality of whistleblowers and does not disclose information that might directly or indirectly reveal a whistleblower’s identity. For example, the SEC will not disclose a whistleblower’s identity in response to requests under the Freedom of Information Act. Moreover, information that might tend to reveal a whistleblower’s identity is redacted or omitted from SEC orders granting or denying awards before they are issued publicly. There are, however, some limits on the SEC’s ability to shield your identity, and in certain circumstances (such as a court proceeding), the SEC might be required to produce documents that would reveal your identity.

Retaliation Under federal law, employers may not discharge, demote, suspend, harass, or in any way discriminate against whistleblowers because of any lawful acts in providing information to the SEC under its whistleblower program. If any retaliation occurs, a whistleblower may report concerns to the SEC, and in appropriate circumstances, it can bring an action against an employer who retaliates.

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Let us know if you have any questions or would like us to help you in filing any whistleblower complaint.

Eliza

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Internet Assignment for Chapter 17 1.

Access the site www.law.cuny.edu/legal-writing/students/irac-crracc/iraccrracc-1.html. a. Why is IRAC the most popular form of organization in a writing?

IRAC is usually the method of organization that makes it easiest for the reader to follow an analysis. b. Examine “Application, Counterarguments, and Conclusion.” In a memo, are you predicting or arguing a particular resolution of your facts?

In a memo, the writer is predicting a resolution.

2. Access the article on legal memos at www.law.wisc.edu/lrw/small_section_guide_-_memo_writing.docx. a. What are the primary goals of a legal memo?

The primary goals are to educate the reader about the law relevant to a particular issue and to explain how that law will apply to specific facts. b. Review the section on internal organization. Should there be one conclusion at the end of yT ouErSmTeB mA oN orKoSnE eL foLr E eaRc. hC isO suMe? Why? Stating a conclusion at the end of your discussion of an issue or a sub-issue may seem a bit repetitive, but it ties up the discussion nicely and helps the reader understand that you are finished with that issue.

3. Access the site www.law.nyu.edu/students/studentwriting/writingprocess. How long should a thesis statement be?

“You should be able to state your thesis in one or two sentences at most. Anything longer suggests that the topic too unwieldy for a student note or, more probably, that the writer still has not fully understood the nature of the project.”

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Assignment for Chapter 18 – Table of Authorities You have been asked to prepare the table of authorities for an appellate brief to be filed in the United States District Court for your district. There are no special rules for citation form. You should use the citation rules set forth in the current edition of The Bluebook. Do not worry about the page numbers on which these authorities appear in the brief. The following citations will appear in the brief.

Cases Anza v. Ideal Steel Supply Co., 547 U.S. 451 (2006) Associated General Contractors of California, Inc. v. California State Council of Carpenters, 459 U.S. 579 (year) Direct Marketing Ass’n v. FDA, 135 S. Ct. 1124 (2015) Harlow v. Children’s Hospital, 432 F.3d 150 (1st Cir. 2005) Harlow v. Denham, 440 F.3d 181 (1st Cir. 2007) Nevada v. Hicks, 533 U.S. 353 (2001) Nowack v. Tak How Investments Ltd., 94 F.3d 708 (1st Cir. 1996) O’Connor v. Sandy Lane Hotel Co., 496 F.3d 312 (3d Cir. 2007) Omni Capital International Ltd. v. Rudolf Wolff & Co., 484 U.S. 97 (1987) Sun Oil Co. v. Wortman, 4 8 6 TUE. SS. T 71B7A(N 19K8S 8E ) LLER.COM TMW Enterprises, Inc. v. Federal Insurance Co., 619 F.3d 574 (6th Cir. 2010), aff’d, 564 U.S. 873 (2011) Constitutional Provision U.S. Const. amend. V Statutes 28 U.S.C. § 1257 (2012) 28 U.S.C. § 1332 (2012) 28 U.S.C. § 1407 (2012) Cal. Civ. Proc. Code § 410.10 (West year) Cal. Civ. Proc. Code § 418.10(a) West year) Cal. Civ. Proc. Code § 418.10(c) (West year) Other Authorities Lea Brilmeyer, Related Contacts and Personal Jurisdiction, 101 Harv. L. Rev. 1444 (1998) Antonin Scalia & Bryan A. Garner, Reading Law: The Interpretation of Legal Texts 486 (2012) 330

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Allan R. Stein, Frontiers of Jurisdiction: From Isolation to Connectedness, 67 U. Chi. L. Rev. 373 (2011)

Notes to Instructors: Categories of Authorities: Some individuals may prefer to list all the federal statutes in one category, then all the California in their own category. Some may wish to include the citation to the Constitutional provision as the first entry with statutes and retitle the category “Constitutional and Statutory Provisions.” Because there are no “rules” for structuring a table of authorities, this is acceptable, as are other minor variations from the presentation given in this answer key.

Case Names: In the list of cases, for consistency, either all words that appear in Table T.6 of The Bluebook should be abbreviated or none of them should be. “Federal Drug Administration” may be presented as “FDA” (per Bluebook Rule 6.1(b)). If students elect to abbreviate words in these case names, they should abbreviate them as follows: Associated Gen. Contractors of Cal., Inc. v. Cal. State Coal. of Carpenters, 459 U.S. 579 (year) Direct Mktg. Ass’n v. FDA, 135 S. Ct. 1124 (2015) Harlow v. Children’s Hosp., 432 F.3d 150 (1st Cir. 2005) Nowack v. Tak How Invs. Ltd., 94 F.3d 708 (1st Cir. 1996)

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O’Connor v. Sandy Lane Hotel Co., 496 F.3d 312 (3d Cir. 2007) Omni Capital Int’l Ltd. v. Rudolf Wolff & Co., 484 U.S. 97 (1987) Sun Oil Co. v. Wortman, 486 U.S. 717 (1988) TMW Enters., Inc. v. Fed. Ins. Co., 619 F.3d 574 (6th Cir. 2010), aff’d, 564 U.S. 873 (2011)

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Assignment for Chapter 18 – Sample Court Brief (Notes to Instructors) General Notes to Instructors Many other styles and formats for the court brief are also acceptable. Cases cited and relied upon by students will vary; however, most of the cases cited in the following brief are well-known or landmark cases relating to restrictions on speech in public schools. Nearly all cases and law reviews relating to this topic mention the “TinkerFraser-Hazelwood” trilogy, and beginning with an explanation of these three cases helps frame the argument to follow.

Making the Assignment Easier To make the assignment a bit easier, instructors can mention that there is a U.S. Supreme Court case in which the plaintiff’s name is Tinker. Once students locate Tinker and Shepardize or KeyCite it, they will find numerous similar cases, law reviews, and other authorities.

Instructors may also make the assignment easier by stating that in the District Court in which this case was brought, courts rely exclusively on the Tinker Test in determining similar cases. (Students can then omit any discussion of Frazer and Hazelwood.)

Making the Assignment More Difficult To make the assignment more difficult, instructors could add the fact that the TESTBANKSELLER.COM student, Lucas Matsen, is currently studying the U.S. Constitution and the Second Amendment in his history class. In that scenario, Matsen might be able to assert a legitimate education-related reason for wearing the T-shirt and could argue that the school’s policy is overbroad.

Similarly, the wording on the T-shirt could be changed to indicate more of a political message; the T-shirt could state, “Bring Your Gun to School Tomorrow: Support the Second Amendment” or something similar. Such a message would be far more ambiguous than the message in the given fact scenario (namely “Bring Your Gun to School Day – Tomorrow!”).

Instructors may also wish to ask students to discuss the overbreadth doctrine (which holds that the enforcement of an overbroad law or policy may deter or chill constitutionally protected speech. See Griggs v. Ft. Wayne Sch. Bd., 359 F. Supp. 2d 732 (N.D. Ind. 2005).

Other Resources The following authorities provide excellent information relating to the topic of freedom of speech rights in public schools: •

Morse v. Frederick, 551 U.S. 393 (2007)

•

Newsom v. Albemarle County Sch. Bd., 354 F.3d 249 (4th Cir. 2003)

•

Nixon v. N. Local Sch. Dist. Bd. Of Educ., 383 F. Supp. 2d 965 (S.D. Ohio 2005) 332

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•

Allison E. Hayes, Doninger v. Niehoff Shows the Supreme Court Needs to Address Student Speech in the Cyber Age, 43 Akron L. Rev. 247 (2010)

•

Clay Calvert, Tinker Turns 40: Freedom of Expression at School and Its Meaning for American Democracy, 59 Am. U. L. Rev. 1167 (2009)

Citation Notes: Citations given are in Bluebook form.

Reviewing and Grading Notes: •

Student briefs must use the Tinker test to analyze the issue.

•

Students should spell the names “Hillary” and “Matsen” correctly.

•

Student should present “T-shirt” consistently throughout the brief. (Most of the cases use “T-shirt.” Some, however, use “T-Shirt.” Whichever approach students follow, they should be consistent.

•

A good brief should include references to court documents (such as citing the depositions of Hillary Ross and Lucas Matsen)

•

Students should present references to Matsen as “Plaintiff” and to the School District as “Defendant” with initial capital letters. References to parties in cited cases should appear as “plaintiff” and “TdE efS enTdBanAtN ”K wS ithElLoL wE erRc. asCeOleMtters.

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Chapter 18: Court Brief Assignment (Suggested Brief)

IN THE UNITED STATES DISTRICT COURT FOR ANYWHERE DISTRICT Lucas Matsen, by and through his parents,

)

Plaintiffs,

)

v.

)

Baker Public School District,

)

Defendant.

No. 19-0076

) )

MEMORANDUM OF LAW IN SUPPORT OF KM SE MMENT MOTIT OE NSFTOBRASNU MLALREYRJ.UCDOG Pursuant to Federal Rule of Civil Procedure 56, Defendant Baker Public School District (the “District”) respectfully submits this Memorandum of Law in Support of its Motion for Summary Judgment.

STATEMENT OF FACTS Plaintiff Lucas Matsen (“Matsen”), by and through his parents, commenced this action last year challenging the District’s policy banning clothing and accessories that display “symbols of violence,” contending that the policy violates Matsen’s First Amendment rights.

Matsen is a high school junior who attends Liberty Public High School (“Liberty”), a school within the District. The District suspended Matsen for wearing a Tshirt to Liberty with the image of a gun and the wording “Bring Your Gun to School Day 334

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– Tomorrow!” Both Liberty and the District had previously experienced the following violent and disturbing incidents, as testified by Liberty’s principal, Hillary Ross: Liberty was locked down three months ago when a student brought a gun to the school; a school shooting occurred two months ago at a high school within five miles of Liberty; and one month ago, a “hit list” was found in the boys’ locker room at Liberty, listing the names of ten students under a skull and crossbones figure. Ross Dep. 38:1-21.

After these incidents and in the wake of increased absenteeism at the school, Ross Dep. 91:14-24, Liberty issued a written school policy (signed by all students and parents) that provided that students may not wear clothing or other accessories to school that display “symbols of violence.” When Matsen wore the T-shirt described above, he was suspended for one week.

Matsen has alleged that the District violated his First Amendment freedom of

TESTBANKSELLER.COM speech rights. At his deposition, Matsen testified that his T-shirt was a political message advocating support for the Second Amendment. Matsen Dep: 42: 3-19.

I. Matsen’s First Amendment Rights Are Not Absolute The First Amendment provides that “Congress shall make no law . . . abridging the freedom of speech.” U.S. Const. amend. I. Although it is clear that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate,” Tinker v. Des Moines Indep. Sch. Dist., 393 U.S. 503, 506 (1969), the Supreme Court has also recognized that the constitutional rights of public school students “are not automatically coextensive with the rights of adults in other settings.” Bethel Sch. Dis. No. 403 v. Fraser, 478 U.S. 675, 682 (1986).

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In fact, the Supreme Court “has repeatedly emphasized the need for affirming the comprehensive authority of . . . school officials, consistent with fundamental constitutional safeguards, to prescribe and control conduct in the schools.” Tinker, 393 U.S. at 507. Consequently, rights to speech at public schools may be limited so long as the limitation is consistent with constitutional safeguards.

II. School Speech That Is Likely to Cause Material Disruption May Be Banned A trilogy of Supreme Court cases has balanced the special characteristics of the school environment with the boundaries of a student’s free speech rights in public school.

In the first case, Tinker, students were disciplined for wearing black armbands to protest the Viet Nam war. The Court held that the school could not ban the armbands because there was no evidence of “interference, actual or nascent, with the school’s work or of collision with the ri ght s To E f oSthTeBr A stN udKeS ntE sL toLbEeRse.cC urOeMand to be let alone.” 393 U.S. at 508-09. The school’s mere “undifferentiated fear and apprehension of disturbance” was not sufficient to overcome the students’ right to freedom of expression. Therefore, because the school officials could not show facts that might reasonably have led them to forecast substantial disruption of or material interference with the school’s educational mission, they could not deny the students’ form of expression, which was referred to as “pure speech.” Id. at 507-08. Accordingly, Tinker stands for the proposition that a student’s “pure speech” in school cannot be banned without a reasonable forecast of substantial disruption.

In two cases after Tinker, the Court further clarified the scope of freedom of expression in public schools. In Fraser, 478 U.S. at 675, a public school disciplined a student who used graphic and explicit sexual metaphor in a speech at a school assembly.

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In upholding the school’s discipline, the Supreme Court noted the marked distinction between the political message of the armbands in Tinker and the sexual content of the speech in Fraser, observing that prior decisions had allowed limitations on speech in the interest of protecting children, “especially those in captive audiences, from sexually explicit, vulgar, and offensive spoken language.” Id. at 684. Thus, a school need not tolerate student speech that is inconsistent with its basic educational mission even though the government could not censor similar speech outside the school. Fraser thus stands for the proposition that a school may categorically ban lewd, vulgar, or offensive speech even without a showing that substantial disruption of the school environment be shown or forecast. Id. at 683-85.

The third case in the trilogy is Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988). In Hazelwood, the Court considered a public school’s decision to censor two

TESTBANKSELLER.COM articles slated for publication in the school’s newspaper. The Court held that “educators do not offend the First Amendment by exercising editorial control over the style and content of student speech in school-sponsored expressive activities, so long as their actions are related to legitimate pedagogical concerns.” Id. at 273 (emphasis added).

Because the school provided its name and resources to the newspaper, the Tinker standard (requiring a forecast of substantial disruption) did not apply.

Thus, Fraser allows a school to prohibit lewd and offensive student speech, and Hazelwood allows a school limited authority to censor school-sponsored speech consistent with the school’s pedagogical concerns. The Tinker standard covers all other cases and allows a school to regulate student speech only when the school reasonably

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believes that the speech will substantially and materially interfere with schoolwork or discipline. Barr v. Lafon, 538 F.3d 554, 563-64 (6th Cir. 2008).

III. The Prior Incidents of School Violence Reasonably Led Liberty Officials to Forecast Substantial Disruption The constitutionality of Liberty’s ban is not governed by Fraser because the message on Matsen’s shirt was not lewd or offensive. It is not governed by Hazelwood because the shirt’s message was not sponsored by the school. Thus, Matsen’s T-shirt is speech that cannot be banned unless the District meets Tinker’s “substantial disruption” test.

A number of cases have applied Tinker in cases involving “pure speech.” Thus, in West v. Derby Unified School District No. 260, 206 F.3d 1358, 1361 (10th Cir. 2000), a middle school student at a public school was suspended after drawing a Confederate flag on a piece of paper. The schoT olE’sSpTo B l icAyNpKroShE ibLit L e dE“Rra.cC iaO llyM divisive” material, including Confederate flags and articles. Evidence showed that there had been racial tensions in the school district, including previous racially motivated incidents and confrontations, some of which were related to the Confederate flag. That history of racial tension made officials’ concerns about future disruptions arising from possession of Confederate flag symbols at school reasonable. Id. at 1366. The court noted that the fact that a full-fledged brawl had not yet occurred over the Confederate symbols did not mean that the school was obliged to sit and wait for one to occur. Thus, the district had a reasonable basis for forecasting that disruption would arise from the display of Confederate symbols at the school and could prohibit the wearing of such symbols.

In contrast, in Bragg v. Swanson, 371 F. Supp. 2d 814, 826-27 (S.D. W. Va. 2005), it was held that a public school violated a student’s First Amendment rights when 338

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it disciplined him for wearing clothing displaying the Confederate flag in the absence of any past incidents of racial tension or violence at the school.

Distilling the facts and results reached in West and Bragg leads to the following governing principle for student cases involving pure speech: A school may ban symbols such as Confederate flags if there is a history of racial tension and disruption but violates First Amendment rights when there is no such history. In the present case, Liberty’s principal, Hillary Ross, testified as to a history of violence in the school (the school lockdown) and in the district (the nearby shooting), as well as tension in the school (arising from the “hit list”). Ross Dep. 38: 1- 21. Thus, this case is governed by West: Once school officials have evidence from which they can reasonably conclude that possession and display of certain images and symbols are likely to lead to a material and substantial disruption of a school’s educational mission, those symbols may be banned.

TESTBANKSELLER.COM Similarly, in the present case, the previous substantial disruptions at Liberty and within the District made Liberty’s concerns about future substantial disruptions reasonable.

More recent cases have specifically addressed violence in schools. Lavine v.

Blaine School District, 257 F.3d 981, 987 (9th Cir. 2001), involved a student who had written a poem that described him shooting other students. The school expelled the student and placed negative documentation in the student’s file. The court began its analysis by noting that “we live in a time when school violence is an unfortunate reality that educators must confront on an all too frequent basis.” Other courts have gone further and stated that it is “indisputable that schools have a legitimate pedagogical concern in preventing violence” which concern is of particular interest in the wake of Columbine

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and similar tragedies. Griggs v. Ft. Wayne Sch. Bd., 359 F. Supp. 2d 731, 741 (N.D. Ind. 2005).

In Lavine, because the poem was not lewd or obscene and because it was not school-sponsored, the court relied on Tinker to frame its analysis. After reviewing various facts (including the student’s prior disciplinary problems, at least one of which involved violence), the court concluded that the school had a reasonable basis for expelling the student based on the existence of those facts which might reasonably lead school officials to forecast violence. Lavine, 257 F.3d at 991. Indeed, the court found that the school had a duty to prevent any potential violence on campus and confirmed that a school need not wait until disruption actually occurs before taking action. Id. at 989.

Moreover, there is no requirement that disruption be violent. In Barr, 538 F.3d at 566, after a student published a racially motivated “hit list” of the names of African

TESTBANKSELLER.COM American students, disruption occurred when parents began calling the school and district, and an increase in absenteeism occurred. The court noted that the increase in absenteeism was the “epitome of disruption in the educational process.” Id. Similarly, in the present case, looking at the totality of circumstances, which involved a prior lockdown when a student brought a gun to Liberty, a previous shooting at a nearby school, and the ominous hit list, which were followed by increased absenteeism at Liberty, Ross Dep. 91:14-24, it was entirely reasonable for school officials to suspend Matsen. The school need not have waited until an actual shooting occurred to take action; it could and did reasonably forecast substantial disruption would occur if Matsen were allowed to wear his T-shirt with its violent imagery and wording.

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Consistent with its duty to prevent violence, it removed him temporarily from the educational setting.

IV. Matsen’s Speech Was Not Political Matsen contends that his T-shirt showed a political message of support for the Second Amendment, which allows individuals to keep and bear arms. U.S. Const. amend.

II. Two cases illustrate the stark difference between protected political speech and unprotected conduct that could reasonably lead to substantial disruption in the educational setting.

In Griggs, a public school student, David Griggs, was suspended in accordance with school policy after wearing a T-shirt that displayed the Marine Corps creed and seal and which showed a large image of an M16 rifle (the standard weapon of the U.S.

TESTBANKSELLER.COM Marines). The court in Griggs relied on Hazelwood in determining which standard to apply in evaluating the school’s restriction on speech (after noting that eight other circuits would have relied on Tinker). The court considered the context of the student’s shirt, noting that it was not an expression of intended violence by Griggs or a message of general approval of shooting one’s enemies but that it rather displayed the Marine Corps creed of shooting the enemies of the United States.

Given the military context of Griggs’s T-shirt and the lack of any previous events at the school that could reasonably forecast a disturbance, the court held that the school’s policy and action violated both the Hazelwood and Tinker tests in that the school officials’ undifferentiated fear or apprehension of a disturbance was insufficient to overcome Griggs’s right to free speech.

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The message and image on Matsen’s T-shirt are far different from those in Griggs. The words on Griggs’s T-shirt were the words of a U.S. Marine, reciting the Marine Corps creed; the words on Matsen’s T-shirt were his own words of a direct threat or approval of violence. This expression of intended violence by Matsen, combined with the previous incidents in the District reasonably forecast a substantial disturbance in the District, making Griggs inapplicable here.

Similarly, although Matsen claims his T-shirt displayed a political message (one of support for the Second Amendment), such is not supported by the facts (because there is no reference whatsoever to the Constitution or Second Amendment rights on Matsen’s T-shirt) or the law. For example, in Barber v. Dearborn Public Schools, 286 F. Supp. 2d 847, 859-60 (E.D. Mich. 2013), a student sought an injunction to restrain his school district from prohibiting him from wearing a particular shirt to school, specifically, a shirt

TESTBANKSELLER.COM that displayed a photograph of George W. Bush, and the wording “International Terrorist.” The court held that the T-shirt constituted the type of symbolic act protected by the First Amendment and there was no showing that the T-shirt had caused a substantial disruption with school activities. It merely expressed speech that others might view as disagreeable or offensive.

In contrast, in the present case, Matsen’s T-shirt displayed a weapon and included an imminent threat (“Bring Your Gun to School Day – Tomorrow!”) and occurred against a backdrop of prior disruptions. Thus, the message Matsen’s T-shirt expressed is not the type protected as pure political speech as in Tinker and Barber but is rather conduct that could be reasonably expected to cause substantial disruption with the school’s educational mission.

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CONCLUSION Although Tinker and its progeny recognize that students have free speech rights, those rights are limited and must be balanced against a school’s special mission to educate and protect its students. When student speech interferes or would likely interfere with this mission, the limited rights the speech enjoys in a limited public forum must give way to the school’s mission. A school need not wait until disruption actually occurs before acting. In fact, a school has a duty to prevent the occurrence of disturbances.

Moreover, the case law does not demand a certainty that disruption will occur but rather the existence of facts that might reasonably lead school officials to forecast substantial disruption. Because Liberty could point to a well-founded and reasonable expectation of disruption – in light of the prior incidents within the District and at the school – its restriction on violent imagery and speech passes constitutional muster.

TESTBANKSELLER.COM Date:

Respectfully submitted,

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Internet Assignment for Chapter 18 1. Access the rules of the U.S. Supreme Court. Review Rule 24. When must a brief on the merits include a table of contents and a table of authorities?

These elements must be included when the brief exceeds 1,500 words.

2. Access the rules of the U.S. Solicitor General at www.justice.gov/sites/default/files/osg/legacy/2014/04/21/osg-citation-manual2014.pdf. a. Review Rule 5.1. May a brief writer indent a quote of only 25 words?

“Whether to indent shorter quotations remains a matter of judgment for the author.” b. Review the Office of the Solicitor General Supplement to the Supreme Court rules. Review Section E., entitled “Conclusion.” What is the appropriate form for a conclusion in a typical brief in opposition?

“Use the following form for the conclusion in a typical brief in opposition: The petition for a writ of certiorari should be denied. Respectfully submitted.”

3. Access the Practitioner’s Handbook for Appeals at the website of the U.S. Court of Appeals for the Seventh Circuit at www.ca7.uscourts.gov/forms/Handbook.pdf.

Review Section XXII, and review the contents for a brief.

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a. How many issues or questions should be presented?

“The main issue should be stressed and an effort made to present no more than two or three questions. Experienced appellate advocates stress the importance of winnowing out weaker arguments and focusing on one central issue if possible, or at most on a few key issues.” b. Review the section on the Argument portion of a brief. May an attorney ignore adverse precedent?

“Lawyers are not entitled to ignore controlling, adverse precedent.”

4. Use www.uscourts.gov to access the Federal Rules of Appellate Procedure. a. Review Rule 29. When may an amicus brief be filed?

“The United States or its officer or agency or a state may file an amicus-curiae brief without the consent of the parties or leave of court. Any other amicus curiae may file a brief only by leave of court or if the brief states that all parties have consented to its filing.” b. Review Rule 32. What color should be used for the cover of an appellant’s brief?

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The cover of the appellant’s brief must be blue. c. Review Rule 32. In computing the length of a brief, are footnotes counted toward the limit? Are corporate disclosure statements counted?

Footnotes are counted but disclosure statements are not.

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Assignment for Chapter 19 CAREFULLY PROOFREAD THE FOLLOWING PASSAGE AND MAKE THE NECESSARY CORRECTIONS. Notes to Instructors: •

Note that paragraphs one and two are indented, but paragraph three is not.

•

Note also that paragraphs one and two have a ragged right edge, but paragraph three is fully justified.

•

The style of quotation marks (curly or straight) should be made consistent.

•

You may wish to point out that “arbitrability” is a word.

Arbitration Clauses Under the Federal Arbitration Act, parties to a contract may agree that an arbitrator rather than a court will resolve disputes arising out of the contract. When a dispute arises, the parties sometimes may disagree not only about the merits of the dispute but also about the threshold arbitrability question—that is, whether their arbitration agreement applies to the particular dispute. According to case law, [omit extra comma] the question of who decides arbitrability is itself a question of contract. The Act allows parties to agree by contract that an arbitrator, rather than a court, will resolve threshold arbitrability q u e s t i oTn sEaSs TwBe A ll N asKuSnE deLrlLyE inR g.mCeO ritMs disputes.

The question presented in this case is whether the “wholly groundless” exception is consistent with the [omit extra “the”] Federal Arbitration Act. It’s [or “It is”] not.

The Act does not contain a wholly groundless” [must show where quotation begins] exception, and courts are not at liberty to rewrite the statute passed by Congress. When the parties’ contract delegates the arbitrability question to an arbitrator, courts must respect the parties’ decision as set forth in the contract.

Under the Act, arbitration is a matter of contract, and courts must enforce arbitration contracts according to their terms. Applying the Act, courts have held that parties may agree to have an arbitrator decide not only the merits of a particular dispute but also gateway questions of arbitrability, such as whether their agreement covers a “particular controversy.” When the parties’ contract delegates the arbitrability question to an arbitrator, a court may not override the contract. In those circumstances, a court possesses no power to decide the arbitrability issue.

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Internet Assignment for Chapter 19 1. Review Rule 32 of the Federal Rules of Appellate Procedure. If a proportionally spaced typeface is used, may the writer use a sans serif style?

Either a proportionally spaced or a monospaced face may be used, but if a proportionally spaced face is used, it must include serifs (although sans serif type may be used in headings and captions).

2. Locate the Oregon Rules of Appellate Procedure. Review Rule 5.05. What style typeface must be used in briefs?

“Briefs must be prepared using proportionally spaced type. The style must be Arial, Times New Roman, or Century Schoolbook.”

3. Access Matthew Butterick’s website relating to Practical Typography at https://practicaltypography.com. What style of quotation mark (straight or curly) does the author recommend? Why? The author recommends curly quotes and states as follows: “Compared to straight quotes, curly quotes are more legible on the page and match the other characters better. Therefore, straight quotes should never, ever appear in your documents.”

4. Review the advice on proofreading found at the Purdue Online Writing Lab at https://owl.purdue.edu/owl/general_writing/the_writing_process/proofreading/ind TESTBANKSELLER.COM ex.html. What three proofreading suggestions are given?

The suggestions are as follows: read your paper aloud, examine your paragraphs; and track frequent errors.

5. Review the proofreaders’ marks at www.merriamwebster.com/dictionary/proofreader. What does the mark “][” indicate?

It means to center the text.

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Test Bank for Legal Research and Writing for Paralegals Chapter 1:

Finding the Law

1. Once researchers learn to use computer-assisted research platforms such as Lexis Advance and Westlaw, there is no longer any need to use print sources.

F

2. Decisions from the U.S. Supreme Court bind all courts in the nation.

T

3. Learning to conduct research is an important job skill but there is no ethical duty to research accurately.

F

4. Secondary authorities help researchers locate primary authorities.

T

5. Once the U.S. Supreme Court has issued a decision on an issue, that decision cannot be changed in the future.

F

6. An Ohio Supreme Court cases binds all lower Ohio courts.

T

7. Dicta in a case is binding on later courts.

F

8. The rule of law annouTncEeSd TinBaAcNasKeSisEcLaL lleEdRt . heC_OM[ratio decidendi] , while remarks made in passing are referred to as [dicta] .

9. Briefly, what is the key distinction between common law legal systems and civil law legal systems?

Common law legal systems have a heavy reliance on following cases, which serve as precedent. Civil law systems have a heavier reliance on statutes than cases.

10. Identify a way in which the executive branch can serve as a source of law.

• Treaties are entered into by the executive branch (and treaties are primary authorities; • The President can issue executive orders to regulate and direct federal agencies; and • The executive branch exerts influence through its policies on enforcing the law.

11. Why would an attorney drafting a brief rely more heavily on primary authorities than secondary authorities?

Primary authorities are binding. If relevant a court must follow them.

Thus, if an attorney cites relevant primary authorities, a court must follow those. Secondary authorities are only persuasive. Thus, an 348

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attorney would prefer to “force” a court to adopt the position of a primary authority.

12. Identify the following sources as primary or secondary authorities.

A law dictionary Secondary A Nebraska statute Primary A case from Ohio issued by Judge Jones Primary A book entitled Punitive Damages by Judge Jones Secondary A regulation of the FDA Primary An article written about an FDA regulation Secondary An executive order issued by the President Primary 13. The concept of following precedents is referred to as

[stare decisis]

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.

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Chapter 2:

The Federal and State Court Systems

1. Any case that may be brought in state court may be brought in federal court.

F

2. Any case brought in federal court must satisfy a monetary amount (currently $75,000) before it may be instituted.

F

3. Generally, there are three levels of courts in our federal system.

T

4. Federal courts of appeal hear evidence and listen to witnesses testify before they render a decision.

F

5. The U.S. Supreme Court can act as a trial court in certain instances.

T

6. The U.S. Supreme Court grants certiorari for most of the cases that wish to be appealed to the Court.

F

7. Each state in the United States has at least one federal district.

T

8. In most states, the top court is called the Supreme Court.

T

9. The intermediate f ed eTr aEl S ciT rcB uiA tN coKuS rtsEoLfLaE ppRe. alCcO anMmake decisions independent of each other. Thus, for example, the First Circuit is not bound by decisions of the Second Circuit.

T

10. All federal judges are appointed by the President.

T

11. Granting certiorari is discretionary with the U.S. Supreme Court.

T

12. Cases from state courts can be appealed to the U.S. Supreme Court (assuming a federal question is involved and certiorari is granted).

T

13. The U.S. Supreme Court has clearly defined rules and guidelines indicating when it must grant certiorari.

F

14. Identify the two bases for jurisdiction in federal court.

Cases may be instituted in federal court that involve a federal question or that are based on the diversity of the parties involved.

15. If a case (for example, a bankruptcy matter) can be heard only in federal court (and not in any other court), jurisdiction is said to be [exclusive] .

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16. What does it mean to say that federal courts will not consider issues that are “moot”?

Federal courts hear only cases that involve an existing, present controversy. If an issue is resolved, it is called “moot,” and federal courts cannot hear a case that is moot.

17. The requirement that a plaintiff must have personally suffered some actual or threatened legal injury and must be adversely affected by some conduct or threatened conduct of a defendant is referred to as [standing] .

18. The

[district courts]

are the trial courts in our federal system.

19. The most widely used means to gain access to the U.S. Supreme Court from the lower courts of appeal is the writ of [certiorari] .

20. Why are courts typically composed of an odd number of judges (for example, nine judges)?

Having an odd number of judges/justices decreases the chance of deadlock.

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Chapter 3:

Statutory Law

1. For legislation to be valid, it must be introduced in the House of Representatives (and not in the Senate).

F

2. U.S. Statutes at Large is a valuable set of books that includes all of our federal statutes and that is frequently used by legal researchers.

F

3. If a set of books has a pocket part, that pocket part must be examined.

T

4. The annotated set U.S.C.A. is widely acknowledged to be more valuable and “better” than U.S.C.S.

F

5. The U.S. Constitution is found in both U.S.C.A. and U.S.C.S.

T

6. Attorneys who practice before a court must follow its rules, whether those rules are substantive or procedural.

T

7. An official set of statutes is always more reliable than an unofficial set.

F

8. What is the difference between a “bill” and a “statute”?

A bill is a proposed law (it may or may not be enacted). A statute is enacted law, w chTm lloLwEeRd. . COM ThEiS BuAsNt KbeSfEoL 9. What is the difference between a public law and a private law?

A public law is one that affects the public generally. A private law affects only one person or a very limited group of persons, granting them some special benefit not afforded to the public at large.

10. Why do researchers prefer using a set such as U.S.C.A. or U.S.C.S. rather than using the official United States Code?

The United States Code contains only the language of our federal statutes. It does not send researchers to cases interpreting those statutes, and it does not refer researchers to other helpful sources as do annotated codes such as U.S.C.A. or U.S.C.S. 11. The process of developing a set of books that compiles currently valid laws on the same subject together with any amendments to those laws is called [codification] .

12. What is the difference between an official set of statutes and an unofficial set?

An official set is one that is authorized by a governmental entity. An unofficial set is one that is published without governmental approval.

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13. Of what value to researchers are the annotations in U.S.C.A. and U.S.C.S.?

Annotations direct researchers to cases that interpret statutes.

Researchers can then find judicial interpretations of statutes, and it is these judicial interpretations that are binding under our concept of stare decisis.

14. What does it mean to say that a pocket part to a set of books is “cumulative”?

A cumulative pocket part includes all of the changes and amendments to a book since the hardbound version of the book was published.

15. What is the difference between a pocket part and a supplement?

A pocket part is a small pamphlet that slides into the back of a hardbound volume to update it. A supplement is a free-standing, separate volume placed on the shelf next to a hardbound volume to update it.

16. What does it mean to say that U.S.C.A. and U.S.C.S. are “competitive” sets?

U.S.C.A. and U.S.C.S. are highly similar. One cannot say that one set is “better” than the other. In most respects, they are essentially the same, and the choice of which set to use is usually based on a researcher’s habit of convenience.

17. Describe the three methods a researcher can use to find a statute.

A researcherT caEnSuTseBA thN e Kd S esEcrLipLtE ivRe .wCo O rdMapproach (using an index to look up words and phrases that describe a research problem; a researcher can use the title or topic approach and simply retrieve the appropriate title of a statutory set (because the researcher is quite familiar with the way the statutes are organized); or a researcher can use the popular name approach to find a federal statute when a statute is known by a popular or common name.

18. You have been told to locate 35 U.S.C. § 304. What does this mean?

You should locate title 35 of the United States Code and review Section 304.

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Chapter 4:

Case Law and Judicial Opinions

1. All cases released by courts are published.

F

2. The case name In re indicates a criminal matter.

F

3. Researchers cannot quote from the headnotes in a published case.

T

4. A per curiam opinion is a Supreme Court opinion that is written by a Chief Justice.

F

5. Whether a case is published officially or unofficially is not determinative of its credibility or accuracy.

T

6. All of the sets of case reports in the National Reporter System are unofficial.

T

7. The court’s opinion in a set of case reports that is published officially is the same as the opinion in a set that is unofficial.

T

8. A researcher can quote from and rely on an opinion that is published in an adv anT ceEsSh T eeBt . ANKSELLER.COM

T

9. Any case published in F.3d is newer than any case published in F.2d.

T

10. There is no one perfect form for a case brief.

T

11. In federal courts, if a case is unpublished, it cannot be cited in any documents or briefs.

F

12. Identify at least one standard that courts consider in determining whether to publish a case.

Courts consider whether a case establishes a new rule of law, addresses an apparent conflict of authority, involves a legal issue of continuing concern, or adds anything to our body of legal literature.

13. What does the case name State v. Campbell typically indicate?

This case name likely indicates a criminal case brought by a state against a defendant.

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14. Why should researchers not quote from a case summary or synopsis?

The case summary or synopsis is prepared by a publisher and not a court. Thus, although this feature is helpful to researchers because it serves as a quick preview of the case, it cannot be quoted from because it was not prepared by the deciding court.

15. Of what effect is a dissenting opinion?

A dissenting opinion is not the law. It is an opinion written by a member of the minority and although it may be relied upon and quoted from, it is persuasive only.

16. An opinion written by a justice who agrees with the actual result reached in a case but who disagrees with the reasoning of the majority is called a [concurring] opinion.

17. Briefly, what is the difference between a case that is published officially and one that is published unofficially?

A case that is published officially is one published pursuant to some statutory directive or court rule. Because cases are not copyrighted, others may also publish a court opinion. Those cases published without governmental authority or direction are called unofficial.

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irm in Idaho 18. Why publish might thea unofficial law f Pacific Reporter rather than the official Idaho Reports?

A law firm that purchase the Pacific Reporter will obtain a set of books that publishes cases from the entire Pacific region of the United States (including cases from Idaho, California, Colorado, etc.). This expanded coverage might be helpful if a case of first impression arises in Idaho. A case from another state is not binding in Idaho, but it might be persuasive.

19. Cases from our U.S. District Courts (for example, cases from the Southern District of New York) are published in the set of books titled [Federal Supplement (or F. Supp. 2d or 3d)] .

20. Why did law book publishers develop star paging, and what is star paging?

Star paging informs a reader who is using one set of case books (typically, an unofficial set) what pages a case would be on if the reader were reading the case in an official set. Star paging was developed to help researchers comply with citation rules that might require a researcher to cite to an official set of case books when the researcher had only the unofficial set in his or her office.

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21. Of what value is a table of statutes and rules in a case book?

The table of statutes or rules in a case book will direct a researcher to the particular page/case in a volume that has interpreted any statutes, rules, or constitutional provisions. This helps researchers locate cases in a volume that have construed those particular rules, statutes, or provisions.

22. Assume you have the citation 863 P.2d 119. How might you find a parallel citation for this case?

A researcher can look at the top of the page in a set of case reports because it often gives all parallel citations. The researcher can Shepardize or KeyCite the case to obtain all parallel citations. The researcher can use a state digest for his or her state in nearly all instances to locate parallel citations.

23. What is the function of the element “procedural history” in a case brief?

The procedural history describes how a case arrived at a certain court and how th a t TcoEuSr T t hBaAnN dlKeS dE thLeLcE asRe..ACO reMader will want to know what happened at the court below (and how this reviewing court handled the case).

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Chapter 5:

Locating Cases Through Digests, Annotated Law Reports, and Words and Phrases 1. Legal researchers may cite to digests.

F 2. When using digests, researchers should always begin with the Decennial Digests.

F

3. If a researcher has the name of a case, the researcher can use a Table of Cases in a digest to obtain parallel citations for that case.

T

4. Once Thomson Reuters/West assigns a topic name and a Key Number to a legal issue, that topic name and Key Number are used in other Thomson Reuters/West sets.

T

5. Researchers can use Westlaw to locate topic names and Key Numbers.

T

6. A researcher may cite to an annotation in A.L.R.

T

7. A.L.R. annotations are provided for both federal and state topics.

T

8. A researcher can locate an A.L.R. annotation on any topic of the law.

F

TESTBANKSELLER.COM 9. All A.L.R. annotations are updated using pocket parts.

F

10. Because digests summarize cases, they are a primary authority.

F

11. Sarah is researching an issue relating to medical malpractice in her state of Kansas. She would like to find as many relevant cases as possible. a. In which set of digests should Sarah begin her research? Why? Sarah should begin her research in the Kansas Digest. She is interested in cases from her state. Thus, she should begin with the smallest unit of Digest that will be helpful to her. If that digest is not helpful, she can then review the regional Pacific Digest or one or more of the Decennial units. b. How should Sarah locate cases in her digest set?

Sarah should use the Descriptive Word Index to the Kansas Digest to determine her topic name and Key Number and then look up that topic name and Key Number in the appropriate volume in her digest set to locate Kansas cases. She could also use the Topic approach if she is familiar with the Key Number system and the way the Kansas Digest is organized.

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12. Kurt has found a case on point for his research topic. This case, however, is a bit older than Kurt would prefer. How can Kurt use his case to locate newer cases?

Because Kurt’s “one good case” will display applicable topic names and Key Numbers in its headnotes, he can use that headnote to locate other similar and newer cases by looking up the topic name and Key Number in one of the digest sets.

13. Angie is conducting research in the Eleventh Decennial. She is interested only in cases from Massachusetts. How will Angie be able to quickly locate the cases from this state?

The Decennial units carefully arrange the case entries, first giving the researcher federal cases and then state court cases arranged alphabetically. Thus, Angie can easily locate the Massachusetts cases by scanning the listed entries because they are arranged alphabetically.

14. Of what value is the Table of Cases in a digest?

If a researcher knows the name of a case, the researcher can look up the case in a digest unit and obtain parallel citations and the topic names and Key Numbers under which it has been digested, allowing the researcher to locate other, newer, similar cases on that same point of law.

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15. Lauren has been conducting research in A.L.R. Fed. 2d and has found an annotation that is helpful to her. How would Lauren update that annotation?

Lauren would use the pocket part in the back of the volume of A.L.R. Fed. 2d to locate more current information about the topic of law her annotation discusses and to locate newer cases relating to that topic.

16. A.L.R. annotations begin with a “Scope Note.” Of what value is the Scope Note to researchers?

The Scope section or note briefly describes the matters discussed in the annotation and then indicates those excluded from the annotation, thus allowing researchers to understand quickly if they have found the “right” annotation for their research efforts.

17. Paul is interested in locating cases that have construed the term “conspiracy.”

What set of books might Paul use to locate cases from all over the United States that have interpreted that term?

Paul can use Words and Phrases to direct him to cases that have interpreted the term in which he is interested. The set is as easy to use as any dictionary because it is arranged alphabetically.

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Chapter 6:

Encyclopedias, Periodicals, Treatises, and Restatements

1. Researchers should generally avoid citing to encyclopedias.

T

2. There is a legal encyclopedia for each of our 50 states.

F

3. Am. Jur. 2d is “better” than C.J.S.

F

4. Nearly all researchers now use online indexes and tools to locate legal periodicals, journals, and articles.

T

5. Encyclopedias are generally more authoritative and in-depth than treatises.

F

6. There is a Restatement on each area or topic of law.

F

7. Legal encyclopedias are updated by pocket parts.

T

8. Courts must follow the position advanced or endorsed by a Restatement.

F

9. Restatements are produced by courts.

F

TESTBANKSELLER.COM 10. How do legal encyclopedias direct researchers to primary authorities?

Legal encyclopedias describe a topic or legal issue on the top half of a page and then refer readers to primary authorities (such as cases) through the use of footnotes placed on the bottom half of a page.

11. The two general or national encyclopedia sets are Jur. 2d] .

[C.J.S.]

and

[Am.

12. Wyatt is researching the requirements for obtaining a patent. He has no familiarity with this area of law. Where might Wyatt begin his research efforts to gain some background information on patent law? Why? Encyclopedias are excellent places for a researcher to gain background or introductory information on an unfamiliar area of law. If Wyatt uses either C.J.S. or Am. Jur. 2d, he will get his feet wet, obtain a clear and easily understood description of patent law, and then be directed to cases and other authorities for this area of law.

Many experts recommend that when researchers do not know where to begin a task or are unfamiliar with a topic that they begin with an encyclopedia for these reasons.

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13. Why are researchers often able to bypass the general index for an encyclopedia set and proceed directly to the volume in which they are interested?

The encyclopedias are arranged alphabetically. Thus, once a researcher knows what area of law he or she is interested in (for example, trespass), the researcher can readily locate the appropriate volume for a topic and then review the table of contents/index for that topic.

14. Jackie is researching 17 U.S.C. § 106. How can Jackie find information about this statute in either C.J.S. or Am. Jur. 2d?

Jackie can use the Table of Statutes and look up her specific statute.

She will then be directed to the appropriate volume(s), topic(s), and section(s) that discuss this statute.

15. Eva is researching the California case Shirk v. Vista Unified School District. She would like to find some basic background information about this case. Which encyclopedia set should Eva use? Why? Eva should use Cal. Jur. 3d. One of the advantages of a state or local encyclopedia is that most of them include tables of cases that alphabetically list the cases cited in the set. Thus, if a researcher knows the name of a case, he or she can easily locate the discussion of it by using that Table of Cases. The national or general sets C.J.S. and Am. Jur. 2d dToEnS otTiB ncAlu leRo. fC CO asMes. NdKeSaETLaLbE 16. Steven is researching the types of information available under Freedom of Information acts. He has read all of the information in Am. Jur. 2d about this topic and feels he knows the critical information about the topic. Is Steven’s research finished? Discuss.

No. Encyclopedias such as Am. Jur. 2d are excellent starting places, but researchers must remember to read the primary sources directed to by encyclopedias because these mandatory authorities must be followed by courts, and the encyclopedias are merely persuasive authorities. Now that Steven has gotten his feet wet and gained background information about his topic, he must research primary authorities.

17. What is the difference between a law review “Article” and a “Comment” or “Note”?

Articles are usually very scholarly, long monographs written by professors, judges, or practicing attorneys that examine a topic in depth. Comments or Notes are generally shorter pieces authored by students.

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18. Jessica has located a law review article and a bar association article about bankruptcy. Which of these two is more credible? Why? The law review article is likely more credible. Law review articles are typically scholarly and in-depth examinations of a topic. Bar association articles are generally very short (usually a few pages in length) and examine a topic in a very general fashion. In fact, bar association publications tend to focus on practical matters (rather than academic or scholarly matters). Thus, researchers use them to keep current but typically do not conduct substantive legal research using bar association publications.

19. Marissa is conducting legal research and has found an on-point discussion relating to her topic in a treatise. How might Marissa determine whether the treatise is well respected enough to cite in her court brief?

If the treatise is published in multiple editions, such shows widespread acceptance and use. If the treatise is cited in court decisions, such also shows endorsement. If the author has produced other writings on the topic, such shows the author’s renown. Finally, Marissa can ask a law librarian for his or her opinion.

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Chapter 7:

Miscellaneous Secondary Authorities

1. The language in form books cannot be altered or revised by researchers.

F

2. The language in a uniform law provision will be identical from state to state.

F

3. A well-respected treatise assumes the characteristics of primary authority.

F

4. An opinion of the Ohio Attorney General must be followed by courts in Ohio.

F

5. Researchers can use some online dictionaries (such as that offered by Law.com) for a quick definition of a term.

T

6. Form books always relate strictly to litigation forms (such as forms for complaints, answers, defenses, etc.).

F

7. Most secondary authorities are accessed by using an index to the set.

T

8. Why are opinions of tT heEU S.BA toK rnSeE yL GL enEeR ra. l sCoOpMersuasive?

S.T AtN Although attorneys general opinions are secondary authorities, because they are written by the chief legal advisor to the executive branch, they are highly persuasive and often followed by courts.

9. What is the difference between looking up the term “ex parte” in Black’s Law Dictionary and looking it up in the set Words and Phrases?

A dictionary will merely give the definition of the term. It may or may not direct a researcher to any authorities that have interpreted the term. The set Words and Phrases, however, will direct a researcher to cases that have interpreted a term or phrase (whether than phrase is a legal one or not).

10. Blake is drafting a lease for a client. He has found a lease that his firm drafted five years ago for a different client. What are some of the dangers if Blake uses the prior lease form verbatim?

The lease is five years old. Thus, the law may have changed. Blake needs to conduct some research to determine if the provisions in the lease are still lawful. If Blake does not carefully review the prior lease, he may risk importing incorrect words, terms, or provisions into the new lease. Finally, Blake needs to ensure that the prior lease form has been “scrubbed” of any metadata to ensure that confidential client information cannot be mined from the lease form.

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11. Your state has adopted the text of Section 404 of the Uniform Partnership Act. Of what effect is this section in your state?

Once a state adopts the language of a uniform law, it is a statute and is treated the same as any statute in a state. Thus, its language must be followed, there may be penalties for violating it, and court interpretations of the statutory language may be binding in a state.

12. When might a researcher use a set of jury instructions (other than in preparing instructions to charge a jury)?

Jury instructions might be used for research purposes. Many sets of jury instructions not only provide the text of an instruction but also follow it with analytical commentary and references to other primary and secondary authorities. Moreover, because jury instructions must be an accurate statement of the law, the language of an instruction itself will accurately reflect certain legal principles (such as setting for the elements of a cause of action).

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Chapter 8:

Legal Citation Form

1. The signal id. can be used to send a reader to any preceding legal authority.

T

2. The signal supra can be used to send a reader to any preceding legal authority.

F

3. Making a mistake in citation form is legal malpractice.

F

4. In a court brief, citations must always be placed in footnotes.

F

5. Words such as “Development” and “Insurance” may always be abbreviated in a case name.

F

6. If a plaintiff is known by a commonly known set of initials (such as “SEC” for the Securities and Exchange Commission), it may be presented as “SEC” (without periods) in a case citation, as in SEC v. Nelson.

T

7. If a case has been affirmed, that fact must be included in the citation for that case.

T

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8. Although The Bluebook requires that writers include a year after a citation to a statute, most practitioners omit that year.

T

9. If a book has four authors, a writer must list or identify all four.

F

10. Writers must give pincite or pinpoint citations when they directly quote from an authority but not when they merely paraphrase that authority.

F

11. If certiorari has been denied for a case, this fact must always be included in the citation.

F

12. What is the biggest difference in the way that law reviews cite authorities and the way practitioners cite authorities?

Law reviews and other academic works use LARGE AND SMALL CAPITAL letters to present many citations (such as titles of books, authors of books, statutes, etc.). Practitioners generally do not use LARGE AND SMALL CAPS (although The Bluebook says they may do so for “stylistic reasons”) and use “ordinary Roman” typeface.

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13. When must a writer give parallel citations for a case?

Writers must give parallel citations for a case when a court rule requires such.

14. Why must writers always indicate which particular U.S. Court of Appeal (for example, “6th Cir.”) decided a case?

Cases from the Sixth Circuit are binding only within the Sixth Circuit. Thus, a reader within the Sixth Circuit will always want to know if a federal case from a U.S. Court of Appeal is binding because it is from that circuit or if it is persuasive only (because, for example, it was decided by the Fourth Circuit). Moreover, one circuit may have expertise or a reputation for handling certain types of cases, and this fact would be of interest to a reader.

15. Show the correct spacing for the following sets: North Western Reporter, Second Series Southern Reporter, Third Series Federal Rules of Evidence Federal Supplement, Second Series Federal Reporter, Third Series

N.W.2d So. 3d Fed. R. Evid.

F. Supp. 2d F.3d

16. Show how to cite to pages 329 through 331 of a case.

329-31

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17. Show how to cite to sections 329 through 331 of a treatise or book. §§ 329-331 18. You are drafting a brief to be filed in San Diego Superior Court. That court has certain rules about how cases in briefs submitted to the court should be cited. Do you follow The Bluebook rules for citing your cases or the San Diego Superior Court rules? Why? The Bluebook is recognized all over the nation as the standard guide to legal citation form; however, it is superseded by any local rules.

Thus, the writer should follow the San Diego Superior Court rule in this case.

19. When would a writer follow a citation with a semicolon?

Semicolons are used to separate citations from each other when more than one citation is given to support a proposition (namely, in “string citing”).

20. Which of the following citations is correct? a. Smith v. Jones, 640 F.3d 181, 188 (Sixth Circuit 2009). b. Smith v. Jones, 640 F. 3d 181, 188 (6th Cir. 2009). c. Smith v. Jones, 640 F.3d 181, 188 (6th Cir. 2009).

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d. Smith v. Jones, 640 F.3d 181, 188 (6th Cir. 2009).

Answer “d.” is correct.

21. The citation signal supra means

[“above”]

.

22. You have found the citation 29 U.S.C. § 2246 on the website GovInfo. Do you need to give the URL for GovInfo in your citation? Discuss.

No. Bluebook Rule 18 states that if a website is “authenticated,” the citation to it can be made as if to the original print source (without any URL information appended). GovInfo has been authenticated by the federal government as being complete and unaltered. Thus, the citation can be made as if to a print source, namely, 29 U.S.C. § 2246 (year).

23. Which of the following is an acceptable short form for the case United States v.

Lee, 560 U.S. 180, 190 (2012) (assuming you cannot use id.). a. United States, 560 U.S. at 195. b. United States, at 195 c. Lee, 560 U.S. at 195. d. Lee, at 195.

Answer “c.” iT sE coSrT reB ctA. NKSELLER.COM 24. When is the following citation form acceptable or correct: Allen v. Baker, 687 N.W.2d 120, 124 (Mich. 2004)?

This format is correct in any instance other than when a court requires parallel citations. If there is no court rule requiring parallel citations, a writer may cite to an unofficial set (such as the North Western Reporter) and then indicate parenthetically the state/court/date.

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Chapter 9:

Updating and Validating Your Research

1. For the most thorough and complete results, researchers should both Shepardize and KeyCite.

T

2. Researchers can Shepardize or KeyCite not only cases but other authorities such as statutes and law review articles.

T

3. To Shepardize or KeyCite a case, one must be viewing that case on one’s screen.

F

4. Other legal research platforms, such as Fastcase and Bloomberg Law also provide citator services to update and validate authorities that one locates on Fastcase or Bloomberg Law.

T

5. Researchers must Shepardize or KeyCite a case as soon as that case is displayed on their computer screen.

F

6. What is one advantage of Shepardizing on Lexis Advance or KeyCiting rather than using print volumes of Shepard’s Citations?

Electronic updating provides more up-to-date validation of legal authorities, it is easily accomplished, researchers don’t need to be concerned that they might not have all of the print volumes of TESTBANKSELLER.COM Shepard’s Citations that they need, and it can be done more quickly (than using print volumes).

7. One of the cases you are updating has been assigned a yellow flag or icon and the other case has been assigned a red flag or icon. What do these mean?

A yellow signal indicates that your case may have some negative history or treatment (such as being criticized). A red signal is more serious and indicates that your case has strong negative treatment or history (such as being reversed).

8. You have Shepardized or KeyCited a case and have been given a list of more than 100 cases that have cited your case. What is the advantage to you of applying filters to the results you received?

Filters allow researchers to narrow results. Thus, a researcher could elect to view only cases from a specific court or circuit, only cases that discuss a certain headnote, or only cases before or after a specific date. This will help the researcher narrow results and obtain the most relevant cases that cite his or her case.

9. Lisa is preparing for an important court hearing next month. Her brief relies on a critical case, Miller v. Brown. What should Lisa do to ensure that Miller v. Brown

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is not overruled or subject to some negative treatment between now and her court hearing next month?

Lisa should set up an Alert on either Lexis Advance or Westlaw so that the systems will run regularly scheduled updates on her case and automatically notify her by email on a routine basis if there have been any further changes to or mentions of Miller. This ensures Lisa will receive the most up-to-date information about the authorities Lisa is relying on.

10. Both Lexis Advance and Westlaw offer a feature called “Table of Authorities.”

This feature informs a researcher who, for example, is relying on Smith v. Jones that Smith v. Jones itself cited 20 cases. Of what value is this feature to researchers?

A researcher may want to know if the cases that Smith v. Jones relied on are being weakened or subject to negative treatment because if those cases are suspect, then so might Smith v. Jones be suspect or weakened.

11. Jake is KeyCiting the case Peterson v. Ruiz. KeyCite lists 15 cases that cite Peterson. Next to each of those 15 cases is a “Depth of Treatment” bar. Of what value is this feature to Jake?

Depth of Treatment bars (called Depth of Discussion bars by Lexis Advance) i n d T i cE a tSe T hB ow inK-dSeE pL thLaElR at.erCaOuMthority discusses Peterson AN (for example, whether there is an extended discussion of Peterson or a brief mention of Peterson).

12. Kelly is relying on the principle of law discussed in headnote 4 of United States v.

Taylor. When Kelly Shepardizes or KeyCites her case, can she determine if later cases discuss United States v. Taylor with regard to headnote 4? Discuss.

Yes. When researchers Shepardize or KeyCite, they are informed that later cases discuss a specific point of law mentioned in any headnote of their case. Thus, Kelly can uncover the specific treatment by later cases of each headnote in United States v. Taylor.

13. Describe the two reasons that researchers update or validate the primary authorities on which they rely.

Researchers have an ethical duty to ensure that any primary authority they cite or rely on is still “good law.” A second reason to update or validate authorities is to uncover leads to other authorities that will help expand their research.

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14. What is the advantage of Shepardizing or KeyCiting early when you are performing legal research (rather than waiting until after you draft a document that cites your authorities)?

Updating early in the research process will not only alert you to an invalid or weakened authority but will also enhance your efforts by directing you to additional research sources.

15. Matt’s brief cites twenty cases and five statutes. Matt needs to update or validate these authorities. Must Matt “key in” or type each of these authorities to ensure they are still good or is there a more efficient way for Matt to check these authorities? Discuss.

No. Both Lexis and Westlaw offer a number of productivity tools that automatically extract citations from a document, check their validity, and then produce a written report with the results of the check.

16. What is the advantage of Shepardizing or KeyCiting the authorities in your adversary’s document?

Shepardizing or KeyCiting the authorities an adversary relies on will disclose whether those authorities are still good law and will also disclose if those authorities are being weakened, criticized, or questioned. If so, it may be helpful to bring that fact to a court’s attention.

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Chapter 10: Special Research Issues 1. Judges must adopt or follow the position announced by a congressional committee when interpreting or construing a statute.

F 2. Compiling a legislative history for a state statute is typically more difficult than compiling a legislative history for a federal statute.

T

3. The executive branch of the federal government has no authority to issue any statements or declarations that are binding.

F

4. Some federal agencies issue advisory opinions.

T

5. To update a federal regulation located in C.F.R., researchers use the pocket part to that set.

F

6. All agencies are required by law to publish their decisions and adjudications.

F

7. Proposed federal regulations can be found on free Internet websites such as GovInfo.

T

8. When a municipal bodTyEsS ucThBaA sN aK ciS tyEcL oun il . isC suOeM s its local laws, LEcR those local laws are called statutes.

F

9. Pending legislation can be tracked or monitored.

T

10. Municipal codes are typically annotated, much the way state or federal codes are.

F

11. When would a researcher compile a legislative history?

A researcher might compile a legislative history if a statute is unclear, adverse to the position the researcher wishes to advocate, or lacks cases interpreting it.

12. What is the advantage to a researcher of locating or using a compiled legislative history?

A compiled legislative history is a “prepackaged” legislative history, namely, one that has already been compiled for a specific statute.

Locating a compiled legislative history is far easier than running around a law library attempting to gather the resources that make up a legislative history and helps assure a researcher that he or she has all the critical resources necessary. If a researcher locates a compiled legislative history, all of his or her research work is done for him or her.

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13. You have been asked to compile a legislative history for a specific statute using free Internet resources. Which websites would you consult and why?

A researcher should consult Congress.gov to locate the versions of the bills and to be able to link to committee reports, the Congressional Record, and other documents. GovInfo will also offer transcripts of select committee hearings, committee reports, and other documents.

14. When debates occur in Congress, the text of those debates will be published in [Congressional Record] .

15. What is the difference between a presidential proclamation and an executive order?

Proclamations are typically used for ceremonial purposes and often have no legal effect. Executive orders have the force of law (unless a court rules otherwise).

16. The product of an agency such as the Federal Communications Commission is called a [rule or regulation] .

17. What is the difference between the Federal Register and the Code of Federal Regulations?

TESTBANKSELLER.COM The Federal Register publishes proposed, interim, and final rules and regulations. The Code of Federal Regulations publishes only final rules and regulations.

18. Describe the process of updating 29 C.F.R. § 321.01.

To update any federal regulation, a researcher must review the List of Sections Affected (“LSA”), which is a monthly softcover publication.

Because LSA is published only monthly, researchers then need to locate the most current issue of the Federal Register and review “C.F.R. Parts Affected,” which will indicate any changes to C.F.R. regulations for the period after the most recent issue of LSA. 19. Generally, describe the steps you should take if you have an international law research task.

Unless a researcher knows the specific source for the answer to a problem, the researcher should get his or her feet wet by reading some background information relating to the issue and becoming familiar with the area of law. The researcher should then determine whether a treaty covers the issue (and read the treaty if this is the case and determine if it is still in force). The researcher should read any analytical commentary and cases interpreting the treaty.

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20. If a treaty is between two countries, it is referred to as a [bilateral] agreement; if a treaty is among more than two countries, it is referred to as a [multilateral] agreement.

21. What is the function of Treaties in Force?

Treaties in Force is an annual publication that identifies all treaties and executive agreements still in force. Thus, it is used to determine if a treaty is still in force or effective.

22. If you locate a provision in C.F.R. on GovInfo, do you need to indicate the URL of GovInfo when you cite the C.F.R. provision? Discuss.

No. Documents located through GovInfo are verified as authentic by the federal government. According to Rule 18 of The Bluebook, if a researcher is relying on an authenticated document, the researcher may cite the document as if to the original source without any URL information.

23. Identify the following as primary or secondary authority: a. Initial version of H.R. 116-1839 Secondary b. Statement by Representative Ruiz introducing H.R. 116-1839 Secondary 16N-1K8S3E 9 LLER.COM c. Final version oTf EHS.RT.B1A Primary d. Committee report approving H.R. 116-1839 Secondary e. Remarks in Congressional Record about H.R. 116-1839 Secondary f. A treaty between the United States and Germany Primary g. A treaty between France and Germany Not authority h. A Minneapolis city ordinance Primary i. A provision in C.F.R. Primary j. A proposed rule published in the Federal Register Secondary k. An Executive Order Primary

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Chapter 11: The Digital Library: Lexis Advance, Westlaw, and Other Nonprint Research Sources 1. In most respects, Lexis Advance and Westlaw are equivalent.

T

2. Generally, researchers tend to develop a preference for Lexis Advance or Westlaw and then “stick” with that system.

T

3. Searching using plain English or natural language produces more targeted and precise results than using Boolean terms and connectors.

F

4. Both Lexis Advance and Westlaw can locate terms that exist in a document within a certain number of words of each other. For example, both systems can locate documents in which “medical” and “malpractice” occur within 10 words of each other.

T

5. If a researcher routinely uses a set of books, for example, Collier on Bankruptcy, the researcher can make this a “Favorite” on his or her Lexis Advance or Westlaw home page for easy access to this source.

T

6. Both Lexis Advance and Westlaw allow Key Number searching.

F

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7. Both Lexis Advance and Westlaw provide ci ta ti on a ssistance in formatting and presenting citations.

T

8. Both Lexis Advance and Westlaw offer “live” research assistance.

T

9. Researchers who locate a law review article on Lexis Advance or Westlaw can then easily locate cases that have interpreted or mentioned that law review article.

T

10. In most respects, the terms and connectors used by Lexis Advance and Westlaw are identical.

T

11. If a researcher searches for the term “teacher” on Lexis Advance or Westlaw, both systems will also return results for “instructor.”

F

12. Microforms are widely used by legal researchers.

T

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13. Of what benefit is the global or universal search box that is presented on the first screen of Lexis Advance, Westlaw, and Bloomberg Law? The global or universal search box allows researchers to search similarly to the way they use a general search engine such as Google.

Researchers do not have to select a database (such as federal cases or Texas cases) before starting their searches.

14. Assume you have the citation to the federal statute 15 U.S.C. § 1125. That statute has been interpreted by hundreds of cases. What is the advantage of using Lexis Advance or Westlaw to locate and view those cases rather than using the print version of U.S.C.A. or U.S.C.S. to locate citations to those cases?

When a researcher uses Lexis Advance or Westlaw, the researcher can easily link to cases interpreting statutes. The researcher simply clicks a hyperlink and is immediately “transported” to a case. If one uses the print sets U.S.C.A. or U.S.C.S., one has to physically run around the law library to locate the cases interpreting a statute.

15. Stephanie needs to determine whether directors of a corporation have an unqualified and unrestricted right to review all corporate records. She needs to determine the answer to this question for all states. Which feature of Lexis Advance and Westlaw would be of most assistance to her?

Stephanie should use the “50 State Survey” feature offered by both Lexis AdvancTe E anSdTW wE . ILt L wE illRr.eC viO ew BAesNtlKaS M, compare, and contrast statutes with regard to her issue from all 50 states.

16. You need to search for cases only from the Second Circuit relating to a specific issue. Should you use Lexis Advance’s or Westlaw’s global search box or is there a better way to locate the cases you need?

Researchers should apply filters both before and after conducting searches. In this case, the researcher should select to review cases only from the Second Circuit before running the search. Otherwise, if the researcher uses the global search box, hundreds (perhaps thousands) of cases from other circuits will be produced as well as numerous secondary authorities.

17. Of what benefit is Westlaw’s graphical display of direct history for cases?

Sometimes a case’s history as it progresses through the courts is difficult to understand. Thus, this Westlaw feature shows researchers the history of their case in an easy-to-understand flowchart format.

The researcher is shown in graphical format, using arrows, how a case progressed from trial, through its initial appeal, when certiorari was granted, and then what the U.S. Supreme Court held. The researcher may link to the court briefs and opinions for each level of the case’s history.

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18. Theo wishes to find cases that include the term “estoppel,” estopped,” “estopping,” and “estop.” Which term and connector would Theo use to ensure he can locate any of these terms?

Theo should use an exclamation point, which replaces any ending to a word. Thus, “estop!” will find “estoppel,” “estopping,” and so forth.

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Chapter 12: E-Research: Legal Research Using the Internet 1. Researchers should select one method of conducting research (namely, using print, Lexis Advance/Westlaw, or the Internet) and stick with it.

F

2. Any website URL that ends with “gov” is secure and cannot be hacker.

F

3. A United States Supreme Court opinion located on www.supremecourt.gov will be identical to the version posted on Lexis Advance or Westlaw.

T

4. Both primary and secondary legal research materials are available on the Internet.

T

5. A researcher who locates an answer to a legal research question on the Internet must verify or back up that answer by using a print source, Lexis Advance, or Westlaw.

F

6. Generally, The Bluebook prefers legal professionals to cite to print sources rather than to the Internet.

T

7. Law firms must encrypt all communications sent to clients using the Internet.

F

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8. It is a good idea for legal professionals to be adept at using the Internet to conduct legal research, but there are no ethical codes or duties imposed on those professionals to understand technology.

F

9. Any time a legal professional conducts a search on the Internet, the site that is listed first in the rankings will be the best site to start with.

F

10. Why is it helpful to begin legal research using the Internet with one good starting site or jumping off site?

Researchers will become familiar with a site and its layout, formatting, and features, making future visits to the site easy and efficient.

11. David has located an unauthored form for an employment agreement on the Internet at the site www.employmentlaw.com. What risks does David face if he uses the form “as is” without conducting additional research?

Typically, a researcher such as David won’t know who prepared the form and thus won’t know if the form was prepared by an expert on employment law or a “civilian” with no legal background or experience. Thus, the form could include unlawful provisions, it could be outdated and stale, and so forth. Thus, it may serve as a good

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starting point for David, but David will need to conduct additional research before he may use the form.

12. Rank the following websites (from 1 to 4) from most credible and reliable to least credible and reliable: www.lawbusters.com 4 www.joneslawfirm.com 3 www.govinfo.gov 1 www.law.cornell.edu 2 13. Why does The Bluebook allow legal writers to cite to 11 U.S.C. § 301 located on GovInfo without providing a URL? The website GovInfo has been “authenticated” by the U.S. government, meaning that the site is complete and unaltered. Thus, using GovInfo to find a federal statute is the same as using the official set of the United States Code in print.

14. How would you use the Internet to keep current in your practice area of antitrust law (because you want access to the latest cases and developments in this field)?

Practitioners can subscribe to blogs and newsletters tailored to their areas of practice. They will then receive routine communications about newly decided cases and recent developments.

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15. You need to check t h e f i l i n g fee for filing a copyright application for a song authored by a client. Which of the following sites (and why) is likely to have the most reliable information for you: the website of the U.S. Copyright Office or the website of a trade association of musicians?

The Copyright Office’s website is likely to be the most current site and will have accurate fee schedules. The site is a government site, and those are usually highly accurate. The trade association’s website may be reliable as well, but there is often no definitive way to determine who prepared the material posted on the site and when those materials were prepared.

16. A website you have often visited for information about the Americans with Disabilities Act has begun displaying advertisements for lawyers who specialize in lawsuits alleging violations of the Act as well as advertisements for medical equipment such as wheelchairs. What might these advertisements indicate about the site and its content?

The site is becoming increasingly commercial with less effort and space devoted to legal issues and more devoted to commercial advertisements. Thus, its content may becoming less serious with more emphasis now placed on selling goods and services and less emphasis on informative content.

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17. Why is it a good idea to visit a client’s website periodically and view the content and the client’s press releases?

Visiting a client’s website is an easy way to keep current with the client’s business, growth, and development. Its shows interest in the client and its business and plans. Moreover, it would be highly embarrassing if you do not know that the client opened a new office, sold a division, developed a new product, etc. (and could cause the client to select a new law firm that displays more interest in its business).

18. A colleague referred you to a website about corporate law. When you visited the site, you noticed it had some typos and a few “dead” links to other websites. What might your concerns be or what conclusions might you draw?

Dead links show that no one is maintaining the site. If those links are stale, the content on the site might similarly be stale. The typos show lack of professionalism and lack of care, which might indicate that the content on the site is similarly unprofessional and might contain mistakes.

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Chapter 13: Overview of the Research Process 1. As soon as a researcher receives a project, he or she should begin pulling books from the shelves or logging on to Lexis Advance or Westlaw.

F

2. Using an outline can help a writer ensure that all topics that should be addressed in a writing are, in fact, addressed.

T

3. Writers should always begin writing at the beginning of a project and should never write sections out of order.

F

4. If a researcher does not know where to begin a project, the researcher should begin by using a secondary source.

T

5. Almost all legal authorities are accessed by alphabetically arranged indexes.

T

6. Generally, there is no need to consider the defenses a party might assert to an action.

F

7. To conduct thorough research, a researcher must consult or review all secondary authorities.TESTBANKSELLER.COM

F

8. In some instances, how thorough research efforts should be will be dictated by economics.

T

9. In some instances, finding one authority might be sufficient for a research project.

T

10. In all research projects, a researcher should be able to find one perfect case or authority.

F

11. Jodie has been conducting legal research for several hours. How will Jodie know it might be time to stop researching?

If Jodie keeps bumping into the same authorities and their commentary is much the same, she has read the same point in a number of different sources, with nothing new added, and her Shepardizing or KeyCiting reveals no changes in the law, her research is likely complete.

12. What are the two inflexible rules of legal research?

If a source one is reviewing has a supplement or pocket part, a researcher must check it; and a researcher must Shepardize or KeyCite all primary authorities.

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13. Jack is conducting legal research and has found numerous cases that might be relevant to his topic. What are the three strategies Jack can follow to sort out these many cases when he knows he does not have sufficient time to read all of them?

Jack should read newer cases before older ones. He should read cases from higher courts before reading cases from lower courts. Jack should read cases from his own or forum jurisdiction before expanding his search efforts to foreign jurisdictions.

14. A research question is called one of [first impression] previously been considered in your jurisdiction.

if it has not

15. Kyle knows that his research question is one of federal statutory law. Where should be begin his research efforts?

Kyle should begin with U.S.C.A. or U.S.C.S. If a researcher knows that the issue is covered by a statute and knows that it is a federal issue, it only makes sense to review the annotated federal sets of statutes. These will give the researcher the law and then direct the researcher to cases interpreting the law as well as directing the researcher to other helpful sources, such as law review articles and treatises.

16. Caroline has finished her legal research and is ready to begin writing an office memorandum. As sheTisErS evTiew ngKhSeE rL noLteEsR , s.hC eO r eMa l i z e s she cannot tell if a BAiN statement in her notes is a quotation or merely a paraphrase from a case. What might Caroline have done to ensure that she can easily determine that material is either a quotation or a paraphrase?

Caroline’s notes should have clearly indicated whether the statement in her notes reflected a direct quotation or here merely paraphrasing the authority’s statements. She could have used quotation marks or marked the passage with a “q” or “p” or some other identifying label.

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Chapters 14-19:

Legal Writing

1. Because incomplete sentences or sentence fragments are commonly seen in popular writing, they are acceptable in legal writing.

F

2. There is no grammatical rule that prohibits splitting an infinitive.

T

3. The following sentence is acceptable: A scientist is a good expert witness because he is educated and objective.

F

4. Legal writers should use a serial comma because it improves clarity.

T

5. Contractions such as don’t and can’t are not commonly seen in legal writing.

T

6. Periods and commas should always be placed inside of closing quotation marks.

T

7. Using the technique of elegant variation will give your legal writing sophistication and show your extensive vocabulary.

F

8. It is more difficult for readers to understand sentences written in a negative form than a positive form.

T

9. Sentences written in the active form are often shorter than those written in the passive form.

T

10. Legal writers should strive to use Latin words and phrases to show their understanding of and expertise in the law.

F

11. Because email is so commonly used and is so informal, a typo or spelling error in an office email is acceptable.

F

12. A demand letter sent to another may threaten criminal prosecution if the demand is not met.

F

13. Unless a client has informed you otherwise, letters to the client should Be addressed to “Dear Mr.” or “Dear Ms.” Rather than, for example, “Dear Mike” or “Dear Beth.”

T

14. Opinion letters typically cite numerous cases and other legal authorities.

F

15. Legal memoranda prepared by law firms are discoverable by the adverse party.

F

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16. If a legal memorandum addresses a single issue, that issue should be numbered “1.”

F

17. The terms “thesis statement” and “topic sentence” are synonymous.

F

18. Legal writers are required to use a structure such as IRAC when analyzing authorities in a legal memorandum.

F

19. Writers should use quotations sparingly because some readers will skip over them.

T

20. The rules for appellate briefs are usually more formal and rigid than the rules for trial court briefs.

T

21. The style of writing for a legal memorandum and for a trial brief is identical.

F

22. When preparing a trial court brief, it is acceptable to summarize the cases one relies on and then allow the reader to draw a conclusion as to how these cases apply to the client’s situation.

F

23. Ideally, a writer shoulT dE prSoT ofBreAaN dK aS doEcL um enRt . i mCmOeMdi at el y after it is LE prepared, so the writer will be familiar with its content.

F

24. Most legal professionals use the same, standard proofreaders’ marks.

T

25. The uses of that and which are identical; writers may select whichever pronoun they prefer.

F

26. The standard sentence structure in English is to place the subject first, the verb second, and the object third.

T

27. Letters providing legal advice can be signed only by properly licensed attorneys.

T

28. Spell checking programs can locate all spelling errors.

F

29. Letters sent by email to clients should claim privilege and Confidentiality or attorney-client privilege may be lost.

30. Legal memoranda frequently use the first person pronoun I, as in The next issue I will address is fraud.

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T

F

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31. It is a good idea to include a “long” shot argument in a brief, just in case that argument is successful.

F

32. A party is entitled to a reversal of a trial court determination if any error occurred at the trial below.

F

33. Why do spelling and punctuation errors matter in legal writing?

Legal writers must ensure that their projects are professional in all respects. If there are flaws in the writing due to spelling, grammar, or punctuation errors they will distract from the message and make the reader doubt the writer’s abilities and intelligence.

34. Why do most experts prefer that writers use the word must rather than shall to express an obligation?

Most experts believe that shall is an archaic word seldom seen in other writings and that must is a simpler, more common word that clearly expresses obligatory action.

35. Why do readers have difficulty with expressions such as not uncommon?

When readers encounter an expression such as not uncommon, they typically must stop their reading and convert the negative expression into a positive one (in this case, changing not uncommon to frequent or something similar). Writers should aim to ensure that a reader TESTBANKSELLER.COM proceeds smoothly through a document without needing to stop and puzzle over and then interpret phrases.

36. When might a writer wish to use the passive voice?

Although the active voice is stronger and usually produces shorter sentences, there are instances in which using the passive voice is helpful, namely, when one wishes to deflect attention away from the actor in a sentence (in which case the reader is informed of what occurred but not who did it, which is helpful when the writer wishes to avoid linking the actor with something unlawful or unsavory).

Passive voice is also used when identifying the actor is not necessary to the meaning of a sentence.

37. When the grammatical structure of the items in a list is identical (for example, all of the first words in a list are verbs), the list is said to have [parallel] structure.

38. Writers should try to avoid [nominalizations] , which occurs when a writer takes an adjective, verb, or adverb and turns it into a noun (such as changing enforce to enforcement).

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39. Why should writers strive to keep subjects and verbs in proximity?

To make sentence of a sentence, a reader must know the subject of the sentence and the verb. If these two items have large gaps between them, readers no longer remember what the sentence is about by the time they locate the verb and they then have to reread the sentence to figure out what is being said.

40. Janelle is having difficulty meeting a deadline for providing her supervising attorney with a memorandum. Why might it be helpful for Janelle to “go public”?

If Janelle goes public and tells her supervisor, “You will have the memo by Monday,” it will commit her to meet this deadline.

Otherwise, the project may languish on her desk while she works on other projects.

41. Why is it a good idea to inform Laurel, a listener on a conference call, that another person is with you, listening in on the call?

If Laurel is not aware that another person is listening in on the call, she may unwittingly say something offensive or embarrassing about the other person, causing awkwardness and conflict. Alternatively, Laurel might use more informal language than she would if she knew, for example, that a senior attorney or client was on the phone call as well.

TB EsLoLf EleRga.l CcoOrMrespondence or letters?

42. What are the three moTstEcS om mA onNfKoS rm The most common types of legal correspondence are general correspondence letters (which might simply enclose a document or provide a brief status report), demand letters (which set forth a client’s demands), and opinion letters (which provide a legal opinion to the reader).

43. Tyler’s letter to an adverse party states the following: Payment must be made immediately. What is the problem with this demand?

There is no way for the reader to determine when payment must be made. The word immediately is vague and will mean different things to different people. Tyler should give an actual date, such as May 5, 20xx, so there is no confusion as to when compliance with the demand is expected.

44. Eva is writing an opinion letter to a client. She has most of the documents she needs to provide the opinion, but she is awaiting one amendment to a merger agreement. What should Eva do?

Eva should use a “protection clause” in her letter, explaining that she lacks certain information and that her opinion might change depending on what the amendment might provide.

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45. What are the possible consequences of writing an overly aggressive letter to adverse counsel?

The overly aggressive letter will likely be responded to in kind, setting the stage for difficult communications throughout the course of a case.

In some instances, a letter might become part of a court’s record, and the letter is then available for the judge to view, embarrassing its writer. Additionally, the recipient of an overly hostile letter (often, demand letters) might post the letter on the Internet, subjecting the writer to scathing, public criticism.

46. What is the most important characteristic of a legal memorandum? Why? The most important characteristic of a legal memorandum is its objectivity. Only by being objective about a case can the firm (and client) be fully informed as to the strengths and the weaknesses of a case. It is important for everyone involved to have a clear idea of the flaws in a case, so they may attempt to overcome those flaws or possibly settle the case, knowing that success is highly unlikely.

47. What is the difference between a traditional legal memorandum and an informal or email memorandum (other than the obvious fact that the email memo is sent to the reader by email)?

A traditional memorandum has several elements or components (often redundant elements) and is typically sent in hard-copy paper TESTBANKSELLER.COM form. An informal or email memorandum has far fewer elements and is short enough that it can be sent by email and can be easily read by the recipient without endlessly scrolling down from one screen to the next. Its key characteristics are simplicity and conciseness. Cases are cited but the discussion of those cases is more concise with emphasis on the rules announced by cases rather than in-depth discussions of their rationales.

48. What is a thesis statement?

A thesis statement is a strong, assertive statement placed at the beginning of a project or issue to give focus and direction to the analysis to follow. It distills the central ideas and arguments in a project into one or two assertive sentences that frame and set up the discussion to follow.

49. Why is a thesis statement sometimes called an umbrella statement?

A thesis statement is sometimes called an umbrella statement because every part of the discussion to follow must fit beneath it and be covered by it.

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50. What does the acronym IRAC stand for and why do writers sometimes use constructs such as IRAC? The acronym stands for Issue, Rule, Analysis/Application, and Conclusion. Constructs such as IRAC help writers remember to conduct a thorough analysis of an issue and remember to include critical elements when they analyze a legal problem.

51. What is the difference between IRAC and CRAC and which documents lend themselves to one construct rather than the other?

Writers who use IRAC place a neutral issue statement first. Placing a neutral and objective issue first is helpful when writing objective projects such as legal memoranda. Writers who use CRAC give a conclusion first (similar in approach to a thesis statement). Placing the assertive conclusion first is often helpful in persuasive documents such as court briefs because each issue begins with a strong and persuasive conclusory statement.

52. Why do some writers dislike IRAC and similar constructs?

Some writers dislike IRAC and its variations because they believe these methods encourage a rigid and formulaic approach to writing and that writing a legal document is not like following a recipe approach. Rather, writers must skillfully discuss and analyze legal authorities instead of believing that if they follow a formula, they will CaOl Mproject. have a winninTgEaS rgTuBmAeN ntKoSrEpL roLfE esR si. on 53. In what way might you use a legal memorandum as a starting point for a trial court brief? In what ways will the two projects differ from each other?

The earlier prepared memo will be a good starting point for a brief because it will contain an analysis and discussion of the authorities pertinent to the case. Although the memo will thus serve as a source of cases and other authorities, the manner in which these were discussed in the memo and the manner in which these will be discussed in the brief will vary because the memo is an objective document and the brief is a persuasive document.

54. Review the following two headings and discuss which would be a better heading for a court brief.

Damages in Copyright Actions Defendant’s Willful Copyright Infringement Entitles Plaintiff to Punitive Damages The second heading is far more persuasive and is thus better for a court brief, which is a persuasive document. The first heading is completely neutral and simply indicates the topic that will be discussed next. The second heading, however, takes a persuasive stand 386

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and states that the defendant willfully infringed a copyright and this act entitles the plaintiff to punitive damages.

55. Nathan has been conducting research so he can draft a trial court brief. He knows that one of the cases he has found is not particularly helpful to his client. Should he ignore this case? How should Nathan handle this matter?

If Nathan ignores the case, he runs the risk that the adverse party will point it out (or the court will find it on its own), and Nathan’s credibility will be impaired. If Nathan has information he’d prefer not to highlight, he can use placement in the brief to diminish its effect.

He can place the information more than half-way through the brief, in the middle of a paragraph, and he can use passive voice to discuss it.

He can also attempt to distinguish the case from his client’s situation by pointing out differences between the case and his client’s situation and showing why that case should not apply. If Nathan introduces his problem areas himself, he will decrease the effect of the adversary’s smoking gun.

56. What is the function of a certificate of compliance attached to a court brief?

A certificate of compliance verifies to the court that its rules relating to submissions to the court have been complied with and followed.

57. What do court briefs often identify all parties to the action?

Parties are idT enEtiSfiT edBA soNrK evSiE ewLiL ngEjRu. dC geOs M can determine if they have a disqualifying conflict of interest.

58. Of what function is a jurisdictional statement in a brief?

A jurisdictional statement informs the court of the statute or other legal authority that allows the filing of the brief.

59. An appellate brief filed with a court by an entity that is not a party to the proceeding but might have a compelling point of view that might aid the court in its determination is called a[n] [amicus curiae] brief/ 60. The party who initiates an appeal is called the

[appellant]

.

61. Why should a writer try to allow some time to pass between finishing writing a project and proofreading it?

Writers can more effectively proofread if they come to the project “cold.” They will then be better able to detect flaws. If they attempt to proofread a project with which they are too familiar, they will not be able to see their own errors. Their minds will automatically supply the word they intended, and they will not be able to see their own errors.

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62. Why should a writer use a style sheet?

A style sheet is the blueprint for the correct spelling of names, how headings will be presented, how issues will be numbered, etc. During the preview process, writers then have a quick guide they can consult to ensure accuracy and consistency.

63. Why is it better to proofread a hard copy or paper copy of a document than to proofread on a computer screen?

Reading a hard copy is easier on the eyes and causes less eye strain.

Moreover, the hard copy will be presented in the way it will be to the ultimate reader, allowing the writer to see the document as it will be seen by its ultimate audience.

64. The type of font that has decorative strokes or “wings” added to the edges of letters is called a [serif] style. The type of fond that does not have the decorative strokes or wings added to the edges of letters is called a [sans serif] style.

65. Why should clients be cautioned about forwarding or disseminating email memos provided to them by their legal team?

Clients should be cautioned that further dissemination of the memo may destroy its status as protected work-product and privileged document. TESTBANKSELLER.COM

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