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A Short Answer Example. Legal Research Final Answer A-Type. THE ASSIGNMENT. THE ASSIGNMENT. Can a woman marry her first cousin in New York ?. What are the key terms here ?. Can a woman marry her first cousin in New York ? woman marry first cousin New York. Eliminate Unnecessary Terms.

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A short answer example

A Short Answer Example

Legal Research Final Answer A-Type



The assignment1
THE ASSIGNMENT

  • Can a woman marry her first cousin in New York?


What are the key terms here
What are the key terms here?

  • Can a woman marry her first cousin in New York?

    • woman

    • marry

    • first cousin

    • New York


Eliminate unnecessary terms
Eliminate Unnecessary Terms

  • Because the databases will be New York based, you can eliminate the term “New York”

    • woman

    • marry

    • first cousin


Eliminate unnecessary terms1
Eliminate Unnecessary Terms

  • Is woman a unique term?

  • Would the law be different for a man? No

    • marry

    • first cousin


What are the terms
What are the terms?

  • Marry

  • cousin


Find alternate terms
Find Alternate Terms

  • What is the root?

    • Marry or

    • Marriage


Find alternate terms1
Find Alternate Terms

  • What is the root?

    • Marry or

    • Marriage


Find alternate terms2
Find Alternate Terms

  • What is the root?

    • Marry or

    • Marriage

  • It should be:

    • Marr!


Find alternate terms3
Find Alternate Terms

  • Marr! Would allow:

    • marry,

    • marries,

    • married, and

    • marriage.


What are the terms1
What are the Terms?

  • The two terms are:

    • marr!

    • “first cousin”



Add the connectors1
Add the Connectors

  • THE ASSIGNMENT: Can a woman marry her first cousin in New York?

    • You want it in the same sentence

    • Marr! /s “first cousin”


Find the database
Find the Database

  • Now we need to find a database

    • Are you looking for the answer in cases or statutes?


What are you looking for
What are you looking for?

  • STATUTE?

    • If the it is a statute, the odds are it has been interpreted by a case.

    • Therefore you can look in New York State Cases.

  • CASE?

    • If it is in a case, then you can look in New York State Cases.


Find the database1
Find the Database

  • Therefore, we start with New York Cases.


Search
Search

  • Marr! /s “first cousin”

  • Database is New York State Cases

  • Plug it in


Look at the results
Look at the Results

  • Look at the summaries:

    • First case: nothing

    • Second case: nothing

    • Third case: nothing

    • Fourth case: nothing


Look at the results1
Look at the Results

  • Fifth Case: 5. Hernandez v. Robles, 7 N.Y.3d 338, 855 N.E.2d 1, 821 N.Y.S.2d 770, 2006 N.Y. Slip Op. 05239, N.Y., July 06, 2006 (NO. 1, 88, 87, 3, 86, 89)

  • ...are not uniform with those of other states. For example, New York—unlike most other states in the nation—permits first cousins to marry ( see Domestic Relations Law § 5 This disparity has caused no trouble, however, because well-settled principles of comity resolve......


Look at the results2
Look at the Results

  • Fifth Case: 5. Hernandez v. Robles, 7 N.Y.3d 338, 855 N.E.2d 1, 821 N.Y.S.2d 770, 2006 N.Y. Slip Op. 05239, N.Y., July 06, 2006 (NO. 1, 88, 87, 3, 86, 89)

  • ...are not uniform with those of other states. For example, New York—unlike most other states in the nation—permits first cousins to marry ( see Domestic Relations Law § 5 This disparity has caused no trouble, however, because well-settled principles of comity resolve......

  • BINGO!


Look at the results3
Look at the results

  • Two things here:

    • “New York ... permits first cousins to marry”

    • It has a statute attached to it: “see Domestic Relations Law § 5"


Look at the results4
Look at the results

  • Open the case

    • Lots of pages

    • Now what?

      • Read it; or

      • Save time and find where the terms are


Save time go to the term
Save Time: Go to the term

  • On the bottom, you will see left and right arrows around the word “TERM”

  • If you click the right arrow, it takes you to where the terms are:

    • Notice, it is the exact same thing as you saw in the summary.


What page is the term on
What page is the term on?

The State asserts an interest in maintaining uniformity with the marriage laws of other states. But our marriage laws currently are not uniform with those of other states. For example, New York—unlike most other states in the nation—permits first cousins to marry ( see Domestic Relations Law § 5). This disparity has caused no trouble, however, because well-settled principles of comity resolve any conflicts. The same well-settled principles of comity would resolve any conflicts arising from any disparity involving the recognition of same-sex marriages.

It is, additionally, already impossible to maintain uniformity among all the states, inasmuch as Massachusetts has now legalized same-sex marriage. Indeed, of the seven jurisdictions that border New York State, only Pennsylvania currently *396 affords no legal status to same-sex relationships.


What page is the term on1
What page is the term on?

… jurisdictions that border New York State, only Pennsylvania currently *396 affords no legal status to same-sex relationships.


What page is the term on2
What page is the term on?

  • The *396 means that page 396 starts there.

  • Since the text is before the start, the text is on the page before (page 395).


What else is there
What else is there?

  • You will also notice that “Domestic Relations Law § 5” is hyperlinked

  • If you click on it, a pop-up window appears with Domestic Relations Law § 5


The statute
The Statute

“§ 5. Incestuous and void marriages”

A marriage is incestuous and void whether the relatives are legitimate or illegitimate between either:

  • An ancestor and a descendant;

  • A brother and sister of either the whole or the half blood;

  • An uncle and niece or an aunt and nephew.


The statute1
The Statute

  • Notice it does NOT state that cousins CAN marry.

    • What it does state is that in terms of familiar relations, what marriage are NOT allowed (i.e., prohibited).

    • The rest are allowed.

  • Since cousins are not prohibited under this statute, they are allowed.



Writing it
Writing it

Can a woman marry her first cousin in New York?

A woman can marry her first cousin in New York. New York to be incestuous and therefore void (Domestic Relations Law § 5). They are marriage between:

1. An ancestor and a descendant;

2. A brother and sister of either the whole or the half blood;

3. An uncle and niece or an aunt and nephew.

Since marriages between cousin is not prohibited under this law, they are allowed (seeHernandez v Robles, 7 NY3d 338, 395 [2006]). Therefore, a woman can marry her first cousin in New York.


Research trail
Research Trail

First, I analyzed the question and came up with the following query:

Marr! /s “first cousin”

I chose “New York State Cases”

The fifth case was Hernandez. In Hernandez, it contained a cite to Domestic Relations Law § 5.

I used the hyperlink and went to the statute.


Now you can do it
Now you can do it!

Good Luck!


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