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Process of Legal Research

ISBN-10: 0735569770
ISBN-13: 9780735569775
Edition: 7th 2008 (Revised)
List price: $87.00 Buy it from $2.69
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Description: The proven-effective process approach makes this text a favorite among legal research professors. A wealth of learning aids and memory devices make The Process of Legal Research a favorite among students. Book jacket.

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Book details

List price: $87.00
Edition: 7th
Copyright year: 2008
Publisher: Wolters Kluwer Law & Business
Publication date: 7/8/2008
Binding: Paperback
Pages: 451
Size: 7.00" wide x 9.75" long x 1.00" tall
Weight: 2.794
Language: English

The proven-effective process approach makes this text a favorite among legal research professors. A wealth of learning aids and memory devices make The Process of Legal Research a favorite among students. Book jacket.

Exhibits
Preface
Acknowledgments
Overview
The Lay of the Land: The Importance of Legal Research, Legal Authorities, and Research Media
The Canoga Case
The Importance of Legal Research
Legal Authorities
The Law
Commentary
Finding Tools
Research Media
The Approach of This Book
From Curiosity to Closure: Eight Cognitive Tasks
Introduction
Curiosity
Learn and React to Your Client's Situation
Develop Research Terms and Research Issues
Understanding Legal Language
Generating Research Terms
Using Dictionaries and Thesauri
Formulating Legal Issues
Content and Context
List and Rank Potential Authorities
Assess Available Sources
Consultation
Use Your Terms and Issues to Locate Pertinent Passages
Study Pertinent Passages
Research Backward and Forward from Major Authorities
Closure
Stop Researching
Summary
Interlude No. 1: Browsing the Internet
Commentary
Introduction
Encyclopedias
What Is an Encyclopedia, and Why Are They Useful?
How Do You Research in and Cite Encyclopedias?
What Else?
Treatises
What Is a Treatise, and Why Are They Useful?
How Do You Research in and Cite Treatises?
Researching in Treatises
Citing Treatises
What Else?
Legal Periodicals
What Is a Legal Periodical, and Why Are They Useful?
How Do You Research in and Cite Legal Periodicals?
Researching in Periodicals
Citing Periodical Articles
What Else?
A.L.R. Annotations
What Are American Law Reports Annotations (A.L.R.), and Why Are They Useful?
How Do You Research in and Cite A.L.R.s?
Researching in A.L.R.
Citing A.L.R.s
What Else?
Restatements
What Are the Restatements, and Why Are They Useful?
How Do You Research in and Cite Restatements?
What Else?
Additional Types of Commentary and Strategy
Additional Types of Commentary
Strategies for Commentary Research
Choosing Among Commentary Sources
Deciding Whether to Cite Commentary
Interlude No. 2: Research in Commentary
Case Law
Introduction
Case Reporters, Digests, and Their Alternatives
What Is a Case?
How Does a Case Come to Be Decided?
How Are Court Systems Structured?
What Does a Published Case Look Like?
Why Would You Research Which cases?
The Common Law, Stare Decisis, and Precedent
Mandatory versus Persuasive Precedent: Federalism, Jurisdiction, and Level of Court
Good Law: History, Treatment, and Publication Status
Subsequent History
Treatment
Publication Status
Additional Factors
How Do You Research Cases?
Introduction
Paper Research
Online Resources
Summary
How Do You Cite Cases?
What Else?
Case Citators
What Are Case Citators, and Why Would You Use Them?
How Do You Use Case Citators?
Introduction
LexisNexis' Shepard's Citator
Westlaw's KeyCite
Citating Strategies
Why and How Should You Bolster Your Research in Case Citators?
Interlude No. 3: Research in Case Law
Enacted Law
Introduction
Constitutions and Statutes
What Are Constitutions and Statutes, and Why Would You Research Them?
What Is a Constitution, and Why Would You Research It?
What Is a Statute, and Why Would You Research It?
Whose Law Governs?
How Does Enacted Law Relate to Case Law?
When Do Sister Jurisdictions' Statutory Cases Matter?
How Do You Research Constitutions and Statutes?
Introduction
Statutory Codes
Statutory Cases and Updating
Session Laws
Local Ordinances
Summary
How Do You Cite Constitutions and Statutes?
What Else?
Legislative Process Materials
Introduction: The Legislative Process
Introduction
The Legislative Process
Legislative History
What Are Legislative History Materials?
Why Would You Research Legislative History Materials?
How Do You Research Legislative History?
How Do You Cite Legislative Materials?
What Else?
Pending Legislation
Concluding Points
Interlude No. 4: Research in Enacted Law
New Mexico's Employee Privacy Act
The Federal Statute: Americans with Disabilities Act (ADA)
The Taos City Code
Administrative Materials
Introduction
Regulations
What Are Regulations, and Why Would You Research Them?
How Do You Research and Cite Regulations?
Researching Regulations
Citing Regulations
What Else?
Agency Decisions
What Is an Agency Decision, and Why Would You Research Agency Decisions?
How Do You Research and Cite Agency Decisions?
Researching Agency Decisions
Citing Agency Decisions
What Else?
Looseleaf Services
What Are Looseleaf Services?
How Do You Research in and Cite Looseleaf Services?
Researching in Looseleaf Services
Citing Looseleaf Services
What Else?
Interlude No. 5: Research in Administrative Materials
Rules of Procedure and Legal Ethics
Introduction
Rules of Procedure
What Are Rules of Procedure, and Why Would You Research Them?
How Do You Research and Cite Rules of Procedure?
Introduction
Commentary
The Rule and Comments
Cases Interpreting the Rule
Citing Rules of Procedure
What Else?
Interlude: The Canoga Case
Rules of Professional Responsibility
What Are Rules of Professional Responsibility, and Why Would You Research Them?
How Do You Research and Cite Rules of Professional Responsibility?
Introduction
Commentary
The Law of Your State
Persuasive Authorities
Citation
What Else?
Interlude: The Canoga Case
Conclusion
Developing an Integrated Research Strategy
Introduction: The Older Persons' Housing Dilemma
Four Research Journals
Adine Momoh, Representing Charles and Beca Swee
Marcus Ploeger, Representing Charles and Beca Swee
Karen Hazel, Representing Costa Brava Towers
Jesse J. Klick, Representing Costa Brava Towers
Our Observations
Index

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