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Finding, Reading and Using the Law » (1st Edition)

Book cover image of Finding, Reading and Using the Law by Anne M. Stevens

Authors: Anne M. Stevens
ISBN-13: 9780314125781, ISBN-10: 0314125787
Format: Paperback
Publisher: Cengage Learning
Date Published: October 2001
Edition: 1st Edition

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Author Biography: Anne M. Stevens

Book Synopsis

A text in legal research, analysis, and writing primarily for para- legals, but that has also been used to introduce law to undergraduates in many disciplines. Ultimately, Stevens' purpose is to wrest the law from the monopoly of lawyers and judges, and return it to its rightful owners—society and its members. She includes a detachable guide to citing legal cases.

Annotation © Book News, Inc., Portland, OR

Table of Contents

Chapter 1Introduction1
About this Book and Course9
"Thinking Like a Lawyer"11
The Problem14
Potential Issues14
Chapter 2Sources of Law17
American Law: What It Is and Where It Comes From18
Federal Law18
Federal Jurisdiction18
The Constitution: Source of Substantive Law19
The Constitution: Creator of Federal Lawmaking Bodies19
The Congress: Creator of Law19
The Executive: Implementer of Law23
The Judiciary: Interpreter of Law25
The Judiciary: Interpreter of Law26
State Law31
State Jurisdiction31
State Government Structure31
Chapter 3Finding the Law: Books I45
Introduction46
Law Libraries and Collections46
Legal Publishers46
Legal Research Books49
Primary Sources52
American Law Reports (ALRs)88
Chapter 4Legal Research Books II95
Secondary Sources96
Dictionaries96
Encyclopedias96
Treatises96
Law Journals and Reviews108
Legal Newspapers108
Law Finders110
Chapter 5Finding the Law: Computer Assisted Legal Research (CALR)125
Introduction126
What is Computer Assisted Legal Research?126
Understanding CALR130
Understanding CALR131
Using CALRs132
Signing on to a CALR132
Searching132
Browsing135
Other Searches135
Beyond Legal Research135
Printing and Saving Information138
Signing off from a CALR139
Chapter 6An Approach to Legal Research and an Example191
An Approach to Investigating and an Example192
Begin with a Concise Statement of the Issue192
Choose Key Terms192
Choose Alternative Terms192
Begin with Legal Encyclopedias, Dictionaries, and/or Treatises192
Move to the Statutes194
Look in Digests195
Agency Regulations and Decisions199
CALR Research199
Note Taking and Following Up on Likely Resources201
Integrating Book and CALR Service (Westlaw, LEXIS) Research202
Knowing When to Stop203
Time's Up203
You're out of Money203
Tripping over Yourself203
Chapter 7Finding the Current Law: Updating and Verifying Legal Research and Examples207
Introduction208
Updating Legal Research through Digests and Mini-Digests208
Updating and Verifying Legal Research Using Shepard's Citations209
Using Shepard's Citations to Update Legal Research: An Example212
Verifying and Updating Research Using CALRs215
Integrating Digest, Shepard's, and CALR Citators216
Chapter 8Understanding the Results of Legal Research: Reading the Law221
Introduction222
Reading the Law: Statutes222
Structure of Statutes222
Interpretation of Statutes222
Aids to Statutory Interpretation224
Another Example of Statutory Construction225
Reading the Law: Briefing Cases230
Components of a Court Decision230
Briefing a Case230
Chapter 9Using the Law: Legal Analysis243
Introduction244
Ninety Percent of Legal Analysis Happens in the Head244
The Remaining Ten Percent: Written Legal Analysis246
Examples248
Simple Legal Analysis: Single Law Source248
Complex Legal Analysis: Many Law Sources, Legal Synthesis249
Chapter 10Putting Pen to Paper: Legal Writing259
Legal Writing260
Legal Citations261
Legal Writing Is Organized270
Macro-Organization: Organizing Your Document270
Micro-Organization: Organizing Sentences and Paragraphs273
Legal Writing Is Brief278
Redundancy and Repetition278
Wordiness278
Excising Adjectives and Adverbs279
Legal Writing Is Readable280
Use Simple Words, Sentences, and Paragraphs280
Elegant Variation281
Fog Index282
Negatives283
Prefer Active over Passive Voice283
Forget the Legalese285
Legal Writing Is Accurate287
Vagueness288
Writing, Rewriting, and Revising289
Chapter 11Writing Letters297
Introduction298
Know Your Audience298
Know Your Purpose298
Legal Correspondence Form and Elements298
Form of Legal Correspondence298
Organizing the Body of Legal Correspondence299
E-mail300
Sample Correspondence303
Chapter 12The Legal Research Memoranda311
Introduction312
Know Your Audience312
Know Your Purpose312
Legal Research Memos: Form and Elements312
The Body of a Legal Research Memorandum312
Sample Legal Research Memoranda320
Sample Student Briefs in the Vincent McCall Case338
Chapter 13Trial Court Legal Memoranda349
Introduction350
Know Your Audience and Purpose350
Trial Court Memoranda: Form and Elements350
Body of a Trial Court Memorandum350
Caption350
Introduction351
Statement of Facts354
Argument354
Conclusion355
Sample "Trial Court" Memoranda356
Chapter 14Writing Appellate Briefs367
Introduction368
Appellate Process, Rules, and Deadlines368
Know Your Audience and Purpose370
Appellate Briefs: Form and Elements370
The Body of the Appellate Brief371
Cover/Title Page371
Table of Contents371
Table of Authorities371
Statement of Jurisdiction377
Statement of Issues377
Statement of the Case378
Summary of the Argument378
Argument379
Conclusion379
Certificate of Service379
Addendum of Constitutional and Statutory Provisions379
Appendix380
Form of an Appellate Brief380
Sample Appellate Briefs383
Appendix ASelected Codes Governing Paralegal Ethics419
NALA Code of Ethics and Professional Responsibility420
National Federation of Paralegal Associations, Inc. Model Code of Ethics and Professional Responsibility and Guidelines for Enforcement421
Preamble421
NFPA Model Disciplinary Rules and Ethical Considerations422
ABA Model Standards and Guidelines for Utilization of Legal Assistants434
Introduction434
Standards434
Guidelines435
Appendix BComparison of Selected ALWD and Bluebook 17th Edition Rules437
Glossary445
Index457

Subjects

Law General & Miscellaneous Law Lawyers & the Legal Profession
Law Legal Reference Legal Reference - General & Miscellaneous
Nonfiction Law General & Miscellaneous Law
Nonfiction Law Legal Reference
Reference Legal Reference Legal Reference - General & Miscellaneous
Reference Writing Technical Writing
Nonfiction Reference Legal Reference
Nonfiction Reference Writing
Political Books & Current Events Books Law General & Miscellaneous Law
Political Books & Current Events Books Law Legal Reference

 

 

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