Foundations of Legal Research and Writing

ISBN-10: 1435413385

ISBN-13: 9781435413382

Edition: 4th 2010

Authors: Carol M. Bast, Margie A. Hawkins

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Description:

Real life examples, and sample documents serve as a resource for anyone who has to perform legal research or draft legal documents. A complete chapter is devoted to computer-assisted legal research written by an expert in the field.
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Book details

List price: $256.95
Edition: 4th
Copyright year: 2010
Publisher: Delmar Cengage Learning
Publication date: 4/13/2009
Binding: Paperback
Pages: 624
Size: 8.50" wide x 10.75" long x 0.75" tall
Weight: 2.838
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.

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
Summary
Key Terms
Exercises
Cyberlaw Exercises
Discussion Points
Legal Reasoning and Analysis
Introduction
Doctrine of Stare Decisis
Judicial Opinions
Legal Analysis of Statutory Law
Legal Analysis of Constitutional Law
Reasoning by Analogy and Deductive Reasoning
Summary
Key Terms
Exercises
Cyberlaw Exercises
Discussion Points
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
Digests
Summary
Key Terms
Cyberlaw Exercises
Legal Research Assignment+Legal Encyclopedias
Legal Research Assignment+American Law Reports
Legal Research Assignment+Digests
Discussion Points
The Judicial Branch and Cases
Introduction
The Judicial Branch
Reading Cases
Briefing a Case
Location of Cases
Case Citations
Summary
Key Terms
Cyberlaw Exercises
Legal Research Assignment+Reading Cases
Legal Research Assignment+Case Law
Discussion Points
Primary Sources: Constitutions, Statutes, Court Rules, and Administrative Law
Introduction
Constitutions
Statutes
Court Rules
Administrative Law
Summary
Key Terms
Cyberlaw Exercises
Legal Research Assignment+Constitutions
Legal Research Assignment+Statutes
Legal Research Assignment+Court Rules
Legal Research Assignment+Administrative Law
Discussion Points
Citators
Introduction
Citators
Shepardizing Procedure
Statutes
KeyCite
Summary
Key Terms
Cyberlaw Exercises
Legal Research Assignment+Citators
Discussion Points
Overview of the Research Process and Ethical Considerations
Introduction
George Peak Illustrative Fact Pattern
The Eight Steps of Legal Research
Preliminary Considerations
Three Basic Approaches to Legal Research
Step One: Gathering Information
Step Two: Identifying Key Terms
Step Three: Learn More About the Area of Law You Are Researching through Second Authority
Step Four: Locating Primary Authority
Step Five: Locating Other Primary Authority
Step Six: Reviewing Found Sources and Updating
Step Seven: Deciding Whether You Are Finished with Your Research
Step Eight: Evaluate What You Have Found and Determine the Answer to Your Research Question
Inadequate Legal Research As an Ethics Violation
Summary
Key Terms
Exercises
Cyberlaw Exercises
Discussion Points
Computer-Assisted Legal Research
Introduction
History of Computer-Assisted Legal Research
CALR: Pros and Cons
Evaluative Guidelines
Copyright Concerns in a Digital Environment
Computer-Assisted Legal Research Tools
Legal Databases
Public Records Databases
Credit Reporting Laws
Company and Financial Information
Legal and Government Internet Resources
Administrative Law
Government Agencies
Intellectual Property Law
International Law
Law Reviews, Journals, and Legal Periodicals
Legislative Information
Case Law
Court Dockets and Case History
Limitations to Using the Internet as a Research Tool
Summary
Key Terms
Discussion Points
Exercises
CyberLaw Exercises
Introduction to Legal Writing
Introduction
Importance of Good Legal Writing to the Law
Types of Legal Writing
Summary
Key Terms
Cyberlaw Exercises
Exercises 316
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