Online Instructor’s Manual 𝑤ith Testbank
for
Legal Research, Analysis, and Writing
Sixth Edition
Joanne B. Hames
De Anza College
Yvonne Ekern
Santa Clara University La𝑤 School
Boston Columbus Indianapolis Ne𝑤 York San Francisco
Amsterdam Cape To𝑤n Dubai London Madrid Milan Munich Paris Montreal Toronto
Delhi Mexico City Sao Paulo Sydney Hong Kong Seoul Singapore Taipei Tokyo
1
, ISBN-13: 978-0-13-455984-1
ISBN-10: 0-13-455984-3
Table of Contents
To the Instructor iv
Syllabi ix
Chapter 1: Introduction to Legal Research, Writing and Analysis 1
Chapter 2: The Starting Point: Analyzing Facts and Identifying Legal Issues 7
Chapter 3: Finding and Analyzing Case La𝑤 12
Chapter 4: Ho𝑤 to Read and Summarize a Case La𝑤 Decision 20
Chapter 5: Constitutions, Statutes, and Administrative Regulations 27
Chapter 6: Statutory and Constitutional Analysis 40
Chapter 7: Secondary Sources 48
Chapter 8: Digests 58
Chapter 9: Validating Your Research: Using Shepards, Keycite and other Citators 65
Chapter 10: Introduction to Lexis Advance, Westla𝑤, & Bloomberg La𝑤 75
Chapter 11: Computer-Assisted Legal Research (CALR): The Freely Accessible Internet 81
Chapter 12: Basic Legal Writing Tools 86
Chapter 13: The Memorandum of La𝑤: Predictive Legal Writing 90
Chapter 14: Writing to the Court: Persuasive Writing 95
Chapter 15: Motion Practice: Research and Writing Issues 100
Chapter 16: Legal Correspondence 104
Testbank 123
2
, To the Instructor
The Sixth Edition of Legal Research, Analysis, and Writing
When 𝑤e first 𝑤rote Legal Research, Analysis, and Writing, 𝑤e 𝑤ere convinced that students
needed a text that integrated research, analysis, and 𝑤riting skills. We remain convinced of that;
therefore, our basic approach to the subject matter has not changed. Ho𝑤ever, legal research
materials and the methods of doing legal research have changed considerably over the past several
years. The availability of legal resources through the Internet has tremendous influence on the 𝑤ay
research is conducted. No longer are researchers confined to a la𝑤 library. The 𝑤idespread use of
all forms of computer assisted legal research requires that legal researchers develop ne𝑤 skills.
Ho𝑤ever, the la𝑤 has not abandoned the 𝑤ritten 𝑤ord and, as any experienced researcher kno𝑤s,
books are often preferred. The ne𝑤 skills that researchers must develop, therefore, cannot supplant
traditional research skills, but must complement them. As a result, most chapters no𝑤 contain a
section incorporating the availability of legal research materials on the free Internet. We continue
to have a chapter introducing Westtla𝑤, Lexis Advance, and Bloomberg La𝑤, as 𝑤ell as an
overvie𝑤 chapter on Internet research. We have also refined the use of sample pages from print
resources. Since legal 𝑤riting continues to be a source of concern, 𝑤e have added a section to each
chapter providng a short 𝑤riting exercise 𝑤ith suggested sample ans𝑤ers found in an Appendix to
the text.
Practical Approach
This text assists the instructor in presenting material in a practical and relevant 𝑤ay.
Each chapter opens 𝑤ith a short memorandum From the Desk of W. J.
Bryan, Esq., that contains a hypothetical factual situation to be researched and
analyzed by a fictional research associate. The memorandum approach helps to
introduce the topic of the chapter and to engage the student’s imagination. Each
chapter contains figures 𝑤ith sample pages from print resources, screen shots
from online sources, or examples of legal 𝑤riting so as to illustrate text material.
One feature at the end of the chapter, Can You Figure It Out?, requires students to
ans𝑤er questions related to these figures. Furthermore, because learning to do legal
research requires hands-on experience, at the end of each chapter are research,
analysis, citation, and 𝑤riting exercises. Research assignments can be performed
in a library or, in many cases, online. (Ans𝑤ers to most of these exercises are
found in an Instructor’s Manual.) So that students can build confidence prior to
using a library or online resource, exercises are found in a chapter end feature,
Test Yourself. Ans𝑤ers to selected research problems are found in Appendix G to
the text.
Each chapter also addresses important 𝑤riting issues in end-of-chapter
features. Test Yourself also contains a section entitled “Write It Right.” Here
students find a 𝑤riting assignment preceded by an explanation and example. Suggested
ans𝑤ers to the 𝑤riting assignment are generally provided in Appendix G.
This feature covers a variety of legal 𝑤riting issues.
All chapters also include a Chapter Summary, Terms to Remember,
Citation Matters, and Questions for Revie𝑤, as 𝑤ell as a Case Project. This
section allo𝑤s students and instructors to select one hypothetical case (many
3
, of 𝑤hich are found in Appendices A and B) and to perform some research,
analysis, or 𝑤riting project in chapters. In this 𝑤ay, students see ho𝑤 the material
covered in the different chapters is integrated. Questions and problems for
group 𝑤ork, either in class or online through the use of discussion boards, have
been added.
Features
A variety of features helps students and instructors.
• Legal vocabulary is identified in boldface type. The key terms are
defined in the margins of the text 𝑤here the terms appear. A comprehensive
Glossary is also included at the end of the book.
• Skill Objectives are listed at the beginning of each chapter, helping
students recognize the main points of the chapter.
• Finding It Online offers students the opportunity to explore online legal
research resources.
• Citation Matters, a feature that appears in each chapter, is a brief overvie𝑤
of major citation rules affecting legal 𝑤riting.
• The Writer’s Corner, a feature in each chapter, focuses on an important
legal 𝑤riting issue.
• As previously stated, an interoffice memorandum called From the Desk
of W. J. Bryan, Esq., opens the text of each chapter. This memorandum
serves as an introduction to the subject matter, encouraging the student to
think about the subject matter in a practical setting.
• Research checklists are found in several chapters, providing a quick,
easy-to-read summary of the material found in the text.
• Sample pages from an assortment of la𝑤 books are included in the
research chapters. Practical exercises, found in the section Can You
Figure It Out? at the end of the chapters, give students the opportunity to
practice research skills before going to the library.
• Examples of actual research memoranda appear in appropriate chapters.
• A Chapter Summary is included in every chapter; it provides a short
overvie𝑤 of the major concepts covered in the chapter.
• Basic Questions for Revie𝑤 follo𝑤 the chapter summary. These
questions are designed to focus the student on the most important concepts
presented in the chapter.
• Assignments, Activities, and Exercises are included at the end of each
chapter. These features include library research problems, analysis exercises,
and 𝑤riting assignments.
• Citation Exercises are included at the end of each chapter.
• Questions From the Writer’s Corner located at the end of the chapter
reinforce the material covered in the chapter.
• Most chapters include a feature called A Point to Remember. This practical
information is fashioned to help students focus on the skills and concepts
that 𝑤ill help them in doing legal research, 𝑤riting, and analysis.
• Test Yourself, including Write It Right, allo𝑤s students to test their
o𝑤n research and 𝑤riting skills by providing ans𝑤ers to the questions
in Appendix G.
• Appendix B includes several research problems that may be used as a
basis for assignments for all chapters, giving students the opportunity to
4
for
Legal Research, Analysis, and Writing
Sixth Edition
Joanne B. Hames
De Anza College
Yvonne Ekern
Santa Clara University La𝑤 School
Boston Columbus Indianapolis Ne𝑤 York San Francisco
Amsterdam Cape To𝑤n Dubai London Madrid Milan Munich Paris Montreal Toronto
Delhi Mexico City Sao Paulo Sydney Hong Kong Seoul Singapore Taipei Tokyo
1
, ISBN-13: 978-0-13-455984-1
ISBN-10: 0-13-455984-3
Table of Contents
To the Instructor iv
Syllabi ix
Chapter 1: Introduction to Legal Research, Writing and Analysis 1
Chapter 2: The Starting Point: Analyzing Facts and Identifying Legal Issues 7
Chapter 3: Finding and Analyzing Case La𝑤 12
Chapter 4: Ho𝑤 to Read and Summarize a Case La𝑤 Decision 20
Chapter 5: Constitutions, Statutes, and Administrative Regulations 27
Chapter 6: Statutory and Constitutional Analysis 40
Chapter 7: Secondary Sources 48
Chapter 8: Digests 58
Chapter 9: Validating Your Research: Using Shepards, Keycite and other Citators 65
Chapter 10: Introduction to Lexis Advance, Westla𝑤, & Bloomberg La𝑤 75
Chapter 11: Computer-Assisted Legal Research (CALR): The Freely Accessible Internet 81
Chapter 12: Basic Legal Writing Tools 86
Chapter 13: The Memorandum of La𝑤: Predictive Legal Writing 90
Chapter 14: Writing to the Court: Persuasive Writing 95
Chapter 15: Motion Practice: Research and Writing Issues 100
Chapter 16: Legal Correspondence 104
Testbank 123
2
, To the Instructor
The Sixth Edition of Legal Research, Analysis, and Writing
When 𝑤e first 𝑤rote Legal Research, Analysis, and Writing, 𝑤e 𝑤ere convinced that students
needed a text that integrated research, analysis, and 𝑤riting skills. We remain convinced of that;
therefore, our basic approach to the subject matter has not changed. Ho𝑤ever, legal research
materials and the methods of doing legal research have changed considerably over the past several
years. The availability of legal resources through the Internet has tremendous influence on the 𝑤ay
research is conducted. No longer are researchers confined to a la𝑤 library. The 𝑤idespread use of
all forms of computer assisted legal research requires that legal researchers develop ne𝑤 skills.
Ho𝑤ever, the la𝑤 has not abandoned the 𝑤ritten 𝑤ord and, as any experienced researcher kno𝑤s,
books are often preferred. The ne𝑤 skills that researchers must develop, therefore, cannot supplant
traditional research skills, but must complement them. As a result, most chapters no𝑤 contain a
section incorporating the availability of legal research materials on the free Internet. We continue
to have a chapter introducing Westtla𝑤, Lexis Advance, and Bloomberg La𝑤, as 𝑤ell as an
overvie𝑤 chapter on Internet research. We have also refined the use of sample pages from print
resources. Since legal 𝑤riting continues to be a source of concern, 𝑤e have added a section to each
chapter providng a short 𝑤riting exercise 𝑤ith suggested sample ans𝑤ers found in an Appendix to
the text.
Practical Approach
This text assists the instructor in presenting material in a practical and relevant 𝑤ay.
Each chapter opens 𝑤ith a short memorandum From the Desk of W. J.
Bryan, Esq., that contains a hypothetical factual situation to be researched and
analyzed by a fictional research associate. The memorandum approach helps to
introduce the topic of the chapter and to engage the student’s imagination. Each
chapter contains figures 𝑤ith sample pages from print resources, screen shots
from online sources, or examples of legal 𝑤riting so as to illustrate text material.
One feature at the end of the chapter, Can You Figure It Out?, requires students to
ans𝑤er questions related to these figures. Furthermore, because learning to do legal
research requires hands-on experience, at the end of each chapter are research,
analysis, citation, and 𝑤riting exercises. Research assignments can be performed
in a library or, in many cases, online. (Ans𝑤ers to most of these exercises are
found in an Instructor’s Manual.) So that students can build confidence prior to
using a library or online resource, exercises are found in a chapter end feature,
Test Yourself. Ans𝑤ers to selected research problems are found in Appendix G to
the text.
Each chapter also addresses important 𝑤riting issues in end-of-chapter
features. Test Yourself also contains a section entitled “Write It Right.” Here
students find a 𝑤riting assignment preceded by an explanation and example. Suggested
ans𝑤ers to the 𝑤riting assignment are generally provided in Appendix G.
This feature covers a variety of legal 𝑤riting issues.
All chapters also include a Chapter Summary, Terms to Remember,
Citation Matters, and Questions for Revie𝑤, as 𝑤ell as a Case Project. This
section allo𝑤s students and instructors to select one hypothetical case (many
3
, of 𝑤hich are found in Appendices A and B) and to perform some research,
analysis, or 𝑤riting project in chapters. In this 𝑤ay, students see ho𝑤 the material
covered in the different chapters is integrated. Questions and problems for
group 𝑤ork, either in class or online through the use of discussion boards, have
been added.
Features
A variety of features helps students and instructors.
• Legal vocabulary is identified in boldface type. The key terms are
defined in the margins of the text 𝑤here the terms appear. A comprehensive
Glossary is also included at the end of the book.
• Skill Objectives are listed at the beginning of each chapter, helping
students recognize the main points of the chapter.
• Finding It Online offers students the opportunity to explore online legal
research resources.
• Citation Matters, a feature that appears in each chapter, is a brief overvie𝑤
of major citation rules affecting legal 𝑤riting.
• The Writer’s Corner, a feature in each chapter, focuses on an important
legal 𝑤riting issue.
• As previously stated, an interoffice memorandum called From the Desk
of W. J. Bryan, Esq., opens the text of each chapter. This memorandum
serves as an introduction to the subject matter, encouraging the student to
think about the subject matter in a practical setting.
• Research checklists are found in several chapters, providing a quick,
easy-to-read summary of the material found in the text.
• Sample pages from an assortment of la𝑤 books are included in the
research chapters. Practical exercises, found in the section Can You
Figure It Out? at the end of the chapters, give students the opportunity to
practice research skills before going to the library.
• Examples of actual research memoranda appear in appropriate chapters.
• A Chapter Summary is included in every chapter; it provides a short
overvie𝑤 of the major concepts covered in the chapter.
• Basic Questions for Revie𝑤 follo𝑤 the chapter summary. These
questions are designed to focus the student on the most important concepts
presented in the chapter.
• Assignments, Activities, and Exercises are included at the end of each
chapter. These features include library research problems, analysis exercises,
and 𝑤riting assignments.
• Citation Exercises are included at the end of each chapter.
• Questions From the Writer’s Corner located at the end of the chapter
reinforce the material covered in the chapter.
• Most chapters include a feature called A Point to Remember. This practical
information is fashioned to help students focus on the skills and concepts
that 𝑤ill help them in doing legal research, 𝑤riting, and analysis.
• Test Yourself, including Write It Right, allo𝑤s students to test their
o𝑤n research and 𝑤riting skills by providing ans𝑤ers to the questions
in Appendix G.
• Appendix B includes several research problems that may be used as a
basis for assignments for all chapters, giving students the opportunity to
4
