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Foundations of Legal Research and Writing

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ISBN-10: 1418013951

ISBN-13: 9781418013950

Edition: 3rd 2006 (Revised)

Authors: Carol M. Bast, Margie A. Hawkins

List price: $177.95
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Description:

This unique text presents a balanced approach to legal research and legal writing. Outstanding chapters on research are included and key topics such as legal reasoning and analysis and computer-assisted legal research are discussed. Chapter concepts are reinforced with end-of-chapter legal research assignments and cyber law exercises, which require students to perform computer-assisted legal research. The writing portion of the text devotes entire chapters to writing client opinion letters, pleadings, contracts, office memos, memoranda of law, and appellate briefs. The many writing tips, case excerpts, and numerous examples provided make this reader-friendly text appealing to students,…    
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Book details

List price: $177.95
Edition: 3rd
Copyright year: 2006
Publisher: Delmar Cengage Learning
Publication date: 8/22/2005
Binding: Paperback
Pages: 648
Size: 8.50" wide x 10.75" long x 1.00" tall
Weight: 2.750
Language: English

Carol M. Bast is Associate Professor in the Department of Legal Studies at the University of Central Florida. She has won several professional awards, frequently presents at legal and academic conferences, and is an active member of the American Society of Writers on Legal Subjects and the Legal Writing Institute. Her many published works include articles on legal research, legal writing, eavesdropping, and wiretapping, as well as Foundations of Law and Florida Courts, a textbook. Carol Bast earned an M.B.A. from University of Central Florida, a Ph.D. in Spanish from University of Florida, and a J.D. from the New York Law School.

Margie Hawkins is a librarian with national law firm Holland & Knight LLP, and has expertise in computer-assisted legal research and the Internet. A member of the American Association of Law Libraries (A.A.L.L.) and the Orange County Bar Association, she also served on the Advisory Committee for the Valencia Community College Paralegal Studies Program for more than fourteen years. Ms. Hawkins received her Masters of Library and Information Science degree from the University of South Florida, and is a member of Beta Phi Mu, the international library and information science honor society. She holds undergraduate degrees in History and Legal Studies from the University of Central Florida.

Table of Cases
Preface
Organization of the text
New to this edition
Supplemental resources
Acknowledgments
Introduction
Law and Sources of Law
Introduction
The American system of law
Our tripartite system
Interplay among the three branches of government in lawmaking
Sources of law
Legal Reasoning and Analysis
Introduction
An illustrative fact pattern
Doctrine of stare decisis
Judicial opinions
Deductive reasoning
Legal analysis of statutory law
Legal analysis of constitutional law
The interpretation process
Secondary Sources and Finding Tools
Introduction
Encyclopedias
American Law Reports
Attorney General opinions
Restatements of the Law
Treatises
Legal dictionaries
Legal directories
Formbooks
Looseleaf services
Legal periodicals
Internet material
Digests
Legal Research Assignment--Legal Encyclopedias
Legal Research Assignment--American Law Reports
Legal Research Assignment--Digests
The Judicial Branch and Cases
Introduction
The judicial branch
Reading cases
Briefing a case
Location of cases
Case citations
Legal Research Assignment--Reading Cases
Legal Research Assignment--Case Law
Primary Sources: Constitutions, Statutes, Court Rules, and Administrative Law
Introduction
Constitutions
Statutes
Court rules
Administrative law
Legal Research Assignment--Constitutions
Legal Research Assignment--Statutes
Legal Research Assignment--Court Rules
Legal Research Assignment--Administrative Law
Citators
Introduction
Citators
Shepardizing procedure
Statutes
KeyCite
Legal Research Assignment--Citators
Overview of the Research Process
Introduction
Gathering information
Identification of key terms
Basic approaches to legal research
Currency
Learning about the general topic
Locating primary sources
Relationship among research tools
CALR: Computer-Assisted Legal Research
Introduction
History of Computer-Assisted Legal Research (CALR)
Electronic information formats
Computer-Assisted Legal Research tools
Legislative databases
Business information databases
Investigative and public records databases
Legal citation: electronic formats
CALR: pros and cons
The Internet in a Nutshell
Introduction
Accessing the information superhighway
Navigating the Internet
The Internet as a research tool
Evaluative guidelines for selecting Internet resources
Future trends
Legal Research Assignment--The Internet
Cyberlaw: Using the Internet as a Legal Research Tool
Introduction
Available resources
The bad news: what is [currently] not available
Free vs. fee-based
Legal resources on the Internet
Government information on the Internet
Litigation support
Limitations to using the Internet as a research tool
Cyber-citation
Copyright concerns in the digital environment
Future trends
Legal Research Assignment--the Internet
Introduction to Legal Writing
Introduction
Types of legal writing
Fundamentals of Writing
Introduction
Writing process
Structure
Mechanical errors
More legal writing advice
Transmittal Letter and Client Opinion Letter
Introduction
Purpose of the transmittal letter
Style of letters
Purpose of the client opinion letter
Format of the client opinion letter
Sample client opinion letters
Writing Contracts
Introduction
What is covered in this chapter
The substance of the contract
Writing a contract
Checklist of matters to be considered when writing a contract for the sale of goods
The perfect contract
Checklist for an employment contract
Organization and format
A type of employment agreement--the attorney-client retainer agreement
Pleadings
Introduction
Purpose and use
Format
Format of the complaint
Format of the answer
Evidentiary facts, ultimate facts, and legal conclusions
First sample set of pleadings
Second sample set of pleadings
Cyber Examples
Law Office Memo
Introduction
Purpose and use
Style
Format
First sample office memo
Second office memo
Communicating clearly with the reader
Memorandum of Law
Introduction
Purpose and use
Style
Organization
Format
First sample memorandum of law
Second sample memorandum of law
Appellate Brief
Introduction
Purpose and use
Format
First sample appellate brief
Second sample appellate brief
Appendices
Search and Seizure
Introduction
The Williams search and seizure problem
Examples of Primary and Secondary Sources Found after researching search and seizure problem
Research and writing exercises
Flowchart for office memo on Williams Brothers
Sample outline for office memo
Citation Rules
General citation tips
United States Supreme Court cases
United States courts of appeals
United States district courts
Citations for constitutions
Citations for statutes
Citations for court rules
Citations for administrative law
Citations to legal encyclopedias
Citations to American Law Reports
Citations to attorneys general opinions
Citations to restatements
Citation to a treatise
Citation to a legal dictionary
Citation to a law review article
Citation to Internet material
Cyber citations
Rules for Quotations and Short Form Citations
Introduction
Quotations
Short form citations
Short form citations for statutes
Exercises on short form citations
Mechanical Errors
Introduction
Excess words
Use of apostrophes
Sentence fragments
Run-on sentences
Parallel construction
Antecedents
Active versus passive voice
Change in tenses
Combination of errors
Problems
Was swimming pool an attractive nuisance?
Defamation
The nightmare property
I wonder what is in the package
Web Bibliography: Company Information on the Internet
Internet Terminology
Bibliography of Evaluative Criteria Web Sites
Legal Research "Starting Points"
Federal Law Resources
State and Local Resources
International Law Resources
Commercial Legal Information Web Sites
Topical Index of Legal and Government Web Sites
Law-Related Internet Discussion Groups (Lists)
Glossary
Index