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