Legal research, analysis, and writing

697 Pages·2010·8.247 MB·English

by  Putman, William H

LEGAL RESEARCH,
ANALYSIS, AND
WRITING
Second Edition
DELMAR CENGAGE Learning
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LEGAL RESEARCH,
ANALYSIS, AND
WRITING
Second Edition
William H. Putman
DELMAR
CENGAGE LearningTM
Australia • Brazil • Japan • Korea • Mexico • Singapore • Spain • United Kingdom • United States
Title: Legal Research, Analysis and Writing, © 2004, 2010 Delmar, Cengage Learning
Second Edition
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Brief Contents
PART I INTRODUCTION TO RESEARCH,
ANALYTICAL PRINCIPLES, AND
THE LEGAL PROCESS
1
CHAPTER 1 Introduction to Legal Principles and Authorities 2
CHAPTER 2 Introduction to Legal Research and Analysis 26
PART II LEGAL RESEARCH
53
CHAPTER 3 Constitutions, Statutes, Administrative Law,
and Court Rules—Research and Analysis 54
CHAPTER 4 Case Law—Research and Briefing 104
CHAPTER 5 Secondary Authority and Other Research
Sources—Encyclopedias, Treatises, American
Law Reports, Digests, Shepard’s 140
CHAPTER 6 Secondary Authority—Periodicals,
Restatements, Uniform Laws, Dictionaries,
Legislative History, and Other Secondary Authorities 191
CHAPTER 7 Computers and Legal Research 229
CHAPTER 8 Legal Citation 266
PART III THE SPECIFICS OF LEGAL ANALYSIS
305
CHAPTER 9 Legal Analysis—Key Facts 306
CHAPTER 10 Legal Analysis—Issue Identification—
Spotting the Issue 326
CHAPTER 11 Legal Analysis—Stating the Issue 351
CHAPTER 12 Case Law Analysis—Is a Case on Point? 370
CHAPTER 13 Counteranalysis 390
PART IV LEGAL WRITING
413
CHAPTER 14 Fundamentals of Writing 414
CHAPTER 15 The Writing Process for Effective Legal Writing 448
vii
viii BRIEF CONTENTS
CHAPTER 16 Office Legal Memorandum: Issues and Facts 472
CHAPTER 17 Office Legal Memorandum: Analysis
to Conclusion 494
CHAPTER 18 External Memoranda: Court Briefs 524
CHAPTER 19 Correspondence 553
APPENDIX A Court Opinions Referred to in the Text 575
APPENDIX B Appellate Court Brief 623
APPENDIX C Web Sites 654
Glossary 657
Index 661
Contents
Preface xxiii
Chapter Features / xxiv Acknowledgments / xxvii
Support Material / xxvi About the Author / xxviii
PART I INTRODUCTION TO RESEARCH,
ANALYTICAL PRINCIPLES, AND
THE LEGAL PROCESS
1
CHAPTER 1 Introduction to Legal Principles and Authorities 2
I. Introduction / 3 V. Key Points Checklist: Legal Principles and
II. Sources of Law / 3 Authorities / 19
A. Enacted Law / 4 VI. Application / 20
B. Common Law/ or Case Law / 5 Summary / 22
III. Hierarchy of the Law / 13 Quick References / 23
IV. Authority / 13 Internet Resources / 23
A. Types of Authority / 13 Exercises / 24
B. Role of Authority / 16
CHAPTER 2 Introduction to Legal Research and Analysis 26
I. Introduction / 27 V. Key Points Checklist: Legal Research and
II. Legal Analysis Defined / 27 Analysis / 44
III. Legal Research and the Analysis Process / 27 VI. Application / 44
A. Facts and Key Terms / 28 A. Battery Issue / 45
B. Preliminary Research / 31 B. Intentional Infliction of Emotional Distress
C. IRAC Analysis / 31 Issue / 47
IV. General Considerations / 39 Summary / 49
A. Focus / 39 Quick References / 50
B. Ethics—Intellectual Honesty / 40 Internet Resources / 50
C. When to Stop Researching / 41 Exercises / 51
PART II LEGAL RESEARCH
53
CHAPTER 3 Constitutions, Statutes, Administrative Law, and Court Rules—
Research and Analysis 54
I. Introduction / 55 C. Purpose Clause / 62
II. Anatomy of a Statute / 55 D. Scope / 62
A. Numbers / 62 E. Definitions / 63
B. Short Title / 62 F. Substantive Provisions / 63
ix