Legal Research, Analysis, and Writing

Legal Research, Analysis, and Writing

Language: English

Pages: 704

ISBN: 1133591906

Format: PDF / Kindle (mobi) / ePub


Comprehensive yet easy to understand, the third edition of LEGAL RESEARCH, ANALYSIS, AND WRITING teaches the fundamentals in a hands-on, step-by-step format that is designed to build confidence. With coverage of key topics such as research analytical principles, legal research, legal analysis, and legal writing, this popular book covers the information readers need to know in order to find, access, apply, and analyze legal materials. Numerous hypotheticals, examples, and exercises clarify material and give readers additional opportunities for practice. In addition, the third edition includes the most up-to-date information in the field, with special attention given to electronic research programs such as WestlawNext, LexisNexis interface, Shepard's online, and Westlaw's KeyCite.

The Corporation: The Pathological Pursuit of Profit and Power

Can Might Make Rights?: Building the Rule of Law after Military Interventions

The Fight for Fifteen: The Right Wage for a Working America

Governing with Judges: Constitutional Politics in Europe

The Common Law Mind: Medieval and Early Modern Conceptions

Definitions for the Law of the Sea

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Reference to Title and Section KEROSENE—Cont’d Summer Fill and Fuel Budgeting Programs, 42 § 6283 KERR-MILLS ACT Medical Assistance, generally, this index KERR-SMITH TOBACOO CONRTOL ACT Generally, 7 § 515 et seq. —KETOBEMIDONE Controlled Substance, generally, this index KETTLE RIVER Wild and scenic rivers, 16 § 1276 KETTLEHOLES Ice Age National Scientific Reserve, generally, this index KEWEENAW NATIONAL HISTORICAL PARK Generally, 16 § 410yy et seq. KEY LARGO CORAL REEF PRESERVE Genarally, 16 §

114 Stat 2749 114 Stat 2750 114 Stat 2750 114 Stat 2751 114 Stat 2751 114 Stat 2752 114 Stat 2752 114 Stat 2759 . . . . . . . . . . . . . . 42 §13701 . . . . . . . . . . . . . . 42 §14135 . . . . . . . . . . . . . . 42 § 14135a . . . . . . . . . . . . . . 42 § 14135b . . . . . . . . . . . . . . 10 § 1565 . . . . . . . . . . . . . . 10prec. 1561 . . . . . . . . . . . . . . 10 § 1565 nt . . . . . . . . . . . . . . 10 § 1565 nt . . . . . . . . . . . . . . 28 § 531 nt . . . . . . . . . . . . . . 42

dispute before the court and the reasons in support of its resolution. It usually includes a statement of facts, points of law, and rationale. Often the terms court opinion, case, and decision are used interchangeably to refer to a court’s resolution of an issue or a decision in a dispute. In this chapter, the terms court opinion and case are used to refer to the written opinion of a court. For Example “The case stands for the principle that . . .” “The court opinion holds that flag-burning is

identifying the essential components of a court opinion. 123 124 PART II LEGAL RESEARCH B. Importance of Briefing The process of briefing a case serves the following purposes and functions: 1. Analysis/learning. Writing a summary of the essential elements of an opinion in an organized format leads to better understanding of the case and the reasoning of the court. Opinions are often complex, and the reasoning is hard to identify, difficult to follow, or spread throughout the opinion. The

the case, that is, concerning whether the case is still good law (see next section) E. Case Brief—Updating Whenever an assignment requires you to brief a case, you should determine if the case is still good law, which means you must check to determine if the opinion has been reversed, modified, or in any way affected by a later court decision. The primary method of accomplishing this is through the use of the appropriate Shepard’s citator. Shepard’s citators are published by LexisNexis. A

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