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Legal Research

Legal Research. Bill Covington 640-1552/329-3608. Legal Research. Legal Research -using legal publications to further client interests by” Finding applicable law Identifying persuasive principles and arguments

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Legal Research

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  1. Legal Research Bill Covington 640-1552/329-3608

  2. Legal Research • Legal Research-using legal publications to further client interests by” • Finding applicable law • Identifying persuasive principles and arguments • Procuring information which will assist in successfully traversing legal processes and • Making best use of law libraries and electronic sources of information sm06

  3. Course Description • Course will focus on three things: • Learning about, finding and using primary legal resources • Learning about, finding and using secondary legal resources • Learning about, finding and using legal practice tools sm06

  4. Course Description • Course will also focus on • Electronic research using primary sources, secondary sources and tools which can be found on the Internet and elsewhere. • Basics of legal writing • Client letters • Legal Memoranda sm06

  5. Course Description • Primary legal resources defined • Laws courts generally (but not always) are required to follow; primary resources have compelling value • Secondary legal resources defined • Laws and/or materials which courts may follow; secondary resources have persuasive value sm06

  6. Course Description • Legal practice tools defined • Materials which help the legal assistant and the lawyer when practicing in certain areas of law-tips and suggestions for practicing in the most effective manner possible • Legal writing • Preparing for and composing client letters and legal memoranda which effectively share what one’s legal research has uncovered sm06

  7. Textbooks • Required • Legal Research And Writing For Paralegals by Bouchoux (second edition) • Strongly suggested • ”Law Dictionary” by Gifis • Uniform System Of Citation sm06

  8. What Will Take Place In Weeks1&2 • Review of syllabus • Review what can be expected from course • Discuss what we can expect from one another • Discuss assignment sheets (drill, research) • Go over grading policy • Begin background lecture on basic research sm06

  9. What Will Take Place In Weeks1&2 • Conclude lecture on research • Begin lecture on how to organize research • Discuss model problem, approach and answer • Possible secondary library tour (team exercise and possible electronic research exercise) sm06

  10. What Course Will Cover • Use of research tools • Primary sources (codes, digests, reporters) • Secondary sources (law reviews, encyclopedias, ALR etc.) • Tools (form books, pattern interrogatories, etc.) • Electronic both free sources and Westlaw (basics) • Basic legal writing (client letters, memoranda of law) sm06

  11. Primary Source-Federal Constitutional and Statutory Law sm06

  12. Secondary Source-American Law Reports (covers federal and state law) sm06

  13. Tool-Form Book (samples of proper legal forms) sm06

  14. What Course Will Cover • Expect students to conduct most of research for assignments using hardbound volumes in law library • I have done this work and can provide guidance if there are problems • If you can use these materials easier to use electronic and other sources • Discourage use of paper bound volumes of RCW sm06

  15. Hard Cover Volumes Revised Code of Washington sm06

  16. Paper Back Volumes-Revised Code of Washington (DO NOT USE unless absolutely necessary) sm06

  17. Areas Course Will Cover • First Module-Overview • How to make use of basic legal research tools: how to access code/statute books; digests and reporters • Basic legal research techniques-how one gets started doing research; recording the information one finds; introduction to writing the legal memorandum • At least one, possibly two library tours sm06

  18. Areas Course Will Cover • Second Module-Use Of Code/Statute Books, Session Laws, Regulations • Code/statute books (federal, state and local) • Session Laws (federal and state) • Regulations (federal and state) • Writing client letters • Secondary sources (law reviews,encyclopedias) • Tools (form books) sm06

  19. Sample-Code Book (United States Code Annotated contains federal constitutional and statutory law) sm06

  20. Sample-Session Laws-United States Statutes at Large (laws passed by the U.S. Congress); Laws of Washington (laws passed by the Washington State Legislature) sm06

  21. Regulations-Washington Administrative Code (regulations of Washington State Administrative agencies); Code of Federal Regulations (regulations of federal administrative agencies) sm06

  22. Areas Course Will Cover • Third ModuleUse Of Digests And Reporters • Use of Digests(federal, state, others) • Provide law in absence of constitutional or statutory provision that covers situation or use when constitutional or statutory provision is not clear, are uncertain as to how it should be applied in a given situation. • Use of Reporters(state, regional and federal) • Memorandum Writing sm06

  23. Sample-Regional Digest (one of multiple sets) sm06

  24. Sample-State Digest (provides information on common law as determined by Washington appellate courts also contains federal cases originating in Washington) sm06

  25. Sample of case abstract (provides information on 1) court which made decision; 2) decision itself and 3) where to find full text of case sm06

  26. Reporters-Washington Reports covers Washington state supreme court, Washington Appellate Reports covers Washington courts of appeal sm06

  27. Areas Course Will Cover • Fourth Module-Use Of/Using • Citation Form, • Use Of Citators • Secondary Sources (American Law Reports, Treatises, Horn Books, Looseleaf Services) • Tools (Pattern Depositions, Proof Of Fact, Washington Practice, Deskbooks, Martindale-Hubbell,) sm06

  28. Areas Course Will Cover • Citation Form-accepted abbreviations for various types of law; different format for federal (Blue Book) and state (Washington Style Manual) courts. Examples: • Federal 1 Wash. 1, 1 Wash. 2d 1, Wash. Rev. Code 1.01.01 • State 1Wash. 1, 1 Wn.2d 1, RCWA 1.01.01 • Will make use of state citation form for all writing assignments and examinations. sm06

  29. Citator-tool used to determine if laws are still in force, also provides information re comments on particular laws sm06

  30. Secondary Source-American Law Reports, contains in depth discussions of areas of the law sm06

  31. Secondary Source-Looseleaf Service, contains in depth information on a particular area of law and latest relevant statutes and cases sm06

  32. Tool-Model Trials, in depth and detailed instructions on how to conduct certain types of trials sm06

  33. How Course Will Be Conducted • Primarily through lectures and practical assignments • Good deal of time to be spent in library • Remember to use good legal research manners-be quiet, don’t take books away from area or if one needs to do so promptly return them • We will be researching as we learn, may use certain tools before reading about them sm06

  34. What Can Be Expected Of Me • Pass on knowledge • Have limitations, am not a complete and total fount of knowledge • Provide new skills and insights • Make course interesting • Punctuality • Personal background sm06

  35. What I Expect Of You • Willingness to learn • Willingness to be challenged • Attendance • Inclement weather policy-use of contact sheet (this is voluntary) • Most materials are on the WEB site • Will be need to access University of Washington or King County Law Library (only sources of certain materials). sm06

  36. What I Expect Of You • Complete all assignments in a timely manner (drill and research) • Present materials in a quality fashion • Writing assignments must be typed, 12 point font, double spaced (or single spaced with line between paragraphs) and follow proper format • Ask questions/provide feedback • Be sensitive about how one’s queries impact class (five question rule, motion for cloture) sm06

  37. Computing Of Grades • Four drill assignments • Four research exercises (may make fourth optional depending on progress of class) • Final examination • Highest three assignment sheets (writing not drill) and final will be averaged with assignment sheets collectively counting half the grade and final the other half • Missing assignments will lower final grade ten percent or more sm06

  38. Review Of Drill Exercises • Aim • To have students handle a variety of types of legal materials • To provide information on certain secondary sources and their use • Place answers on a separate piece of paper • If there are missing books or materials can skip question (three skip rule-call me) sm06

  39. Review Of Research Exercises • Will start with easier exercises and move to more challenging ones. • Students will need to use King County Law Library or University of Washington for 2nd, 3rd and 4th, research exercises, drill exercises, midterm and final. sm06

  40. Review Of Research Exercises • Be sure to follow format in model memorandum see folder • Must have RE section, Facts. Short Answer, Sources and Discussion • Lecture shall be given on citation form will expect this to be followed for midterm and final • Must be typed (12 point font), double spaced (or single spaced with line between paragraphs) • Failure to follow formatting rules will result in point reductions sm06

  41. Basics Of Legal Research Approaching Legal Research Using Basic Tools

  42. Importance Of Legal Research • Legal disputes are decided on two items: • Facts and evidence (what took place and how it is presented) and • Law (constitutional, statutory, regulatory and common law rules which are applicable to a given situation) • Investigators uncover facts; researchers find the law sm06

  43. What Is A Good Researcher? • One who has a thorough knowledge of basic tools-codes/statute books, digests and reporters • Knows their contents and efficient use • One who has general knowledge of other tools generally used for research (knowledge of electronic research) • Especially familiar with Internet resources • One who can use tools quickly and well sm06

  44. The Basic Tools Of Legal Research • Codes/Statute Books • Verbatim text of constitutional and statutory law currently in force • Digests • Access tool/guide to finding the common law • Reporters • Verbatim text of common law sm06

  45. Hierarchy Of Law • What law controls? What is the best authority? What happens when it conflicts with other authority? • Constitutional law (supreme law) • Statutory law (passed by legislative body) • Regulations (rules of admin. agencies) • Case/common law (judge made law, look to what was done in past) sm06

  46. Hierarchy Of Law • Constitutional law is supreme law of a nation, state, city or county and normally does four things • Identifies how government will be organized • Tells how laws are to be made • Divides power with other levels of government • Grants citizens certain basic rights sm06

  47. Hierarchy Of Law • Constitutions exist at every level of government • Federal Constitution of United States (national in applicability) • State Constitution of State of Washington and each of 50 states has its own constitution (only state wide in applicability) • Local City and county charters • Cover particular city and/or county, these laws may overlap sm06

  48. Hierarchy Of Law • Constitutions are supreme law within their jurisdiction (nation, state, city or county) displacing statutory, regulatory and case law to the contrary • Federal constitutional law displaces contrary state constitutional law which in turn displaces contrary local constitutional law (charters) sm06

  49. Hierarchy Of Law • Statutory Law-laws passed by a legislative body (unicameral or bicameral) in manner dictated by constitution • Can be passed at each level of government • Federal-United States Congress • State-State Legislature • Local-City And County Councils sm06

  50. Hierarchy Of Law • Statutory law is subordinate to constitutional law • Federal statutory law subordinate to US Constitution • State statutory law subordinate to US Constitution and state constitution • Local statutory law is subordinate to US Constitution, state constitution and local charter sm06

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