Page 1 of 26

Student Workbook Legal Research and Writing for the Paralegal

Semester Credit Hours: 1.5 Required Textbook: Legal Research and Writing by David J. Smith
last updated: 7/16/03

MATERIALS INCLUDED IN THIS WORKBOOK: Curriculum Description Specific Objectives of the Paralegal Programs Paralegal Program Overview Program Skills General Course Syllabus and Requirements Course Description Legal Research Topics To Be Covered Legal Writing Topics to Be Covered Final Exam Checklist Questions for Student Assessment

Date of Final:

Page 2 of 26

Curriculum Description: The paralegal profession has had the highest growth rate of any profession in the United States through the 1990's. There has been a large influx of students into paralegal studies resulting in a very competitive local market in which applicants with the most convincing and respected credentials find jobs. These courses will be provided to fill a diversity of needs: an experienced legal secretary may want to upgrade his/ her education to be consistent with his or her present employment; a student with an acceptable accomplished educational history may want to learn additional marketable skills; a college graduate without a specific vocational focus may find such a focus in environmental law, employee benefits, corporation law, bankruptcy, real estate and mortgages/estates, trusts & wills, or personal injury and litigation management. Specific Objectives of the Paralegal Program: # To assure all students and prospective students from initial contact until graduation, a relationship with the schools personnel which will meet the highest ethical standards. # To offer specialty paralegal educational programs designed to prepare graduates for their chosen career. # To develop, to the extent of economic viability, new methods and programs to meet the needs of a changing job market. # To assist the individual in making a smooth transition from "student" to "employee" by providing a realistic job-oriented education, including internship or inquiry where applicable. # To assist graduates in finding employment in the economic community.

Paralegal Program: You may be interested in the fact that paralegals and legal assistants held about 188,000 jobs in 2000. Private law firms employ the vast majority, followed by corporations and various levels of government agencies. The Paralegal curriculum is designed to meet the needs of this segment of the employing population by providing the student with an overall training in the legal field. The sequence covers the following areas of law: Program Skills: # Legal research # Interview clients and witnesses # Obtain statements and gather data in preparation of litigation # Prepare pleadings, service of process, subpoenas, wills, contracts, and other legal documents # Organize and index documents and information # Draft and review deeds, mortgages, leases, and other real estate and related contract documents # Set up and maintain dockets and files # Recognize and research criminal causes of action and pre-trial, trial, and post-trial stages of litigation # Draft and review legal documents such as divorce petitions, child support, child custody, and property settlement agreements # Draft and review wills and estate plans # Prepare and execute post-judgment documents # Draft and review bankruptcy petitions # Identify various business types; prepare articles of incorporation and various other documents relative to business organizations # Abstract depositions # Review and prepare discovery materials and responses

Page 3 of 26

Course Syllabus Introduction: The purpose of this syllabus is to explain to the student what he/she should expect in this course. An instructor may also produce a syllabus of his or her own outlining assignments and procedures to be followed in the class. Instructor name: ________________________________________________________ Hours available for students: ______________________________________________ Office phone:____________________________________________________________ Office address: __________________________________________________________ The purpose of all classes is to prepare students for the job market. The teacher will attempt to relate the contents of this course to actual job situations. Seminars are designed to provide basic information and ideas in a specific area of the law for those who are working in a law office and those who plan to work in a law office. Hours in Class and Credit Earned: For scheduled class hours and attendance policy, see catalog. The teachers may vary the class meeting time as long as the required hours are met in each course; this is done so that the school can hire working professionals. The total semester credit hours, as indicated on the front of this booklet, are granted for satisfactory completion of this class and a grade will be posted on the students transcript. This class counts toward satisfaction of the requirements for graduation. Suggested Supplies: Pencil, highlighter, red and black pens, paper for notes, assignment calendar, and textbook. Student Email: All students are issued a private email address which can be accessed through the website, www.brc.edu. It is the students responsibility to check this email address DAILY for all notices and announcements. Your username is your first initial and last name @brcmail.com (Example: mdoe@brcmail.com). Your password is the last four digits of your social security number. COURSE REQUIREMENTS: Attendance: The College adheres to the American Bar Association policy for law school attendance which requires "regular and punctual class attendance." Students are expected to attend every meeting of every class. The student has the responsibility of attending all scheduled classes. The teacher records student attendance during each class session. A student is recorded as absent for being more than 30 minutes late for a class or for leaving class before being dismissed by the teacher. Instructors will take attendance at the beginning and/or end of each class session. If the student is late and/or must leave early, it is the students responsibility to inform the teacher at that class session. Students are responsible for obtaining instruction and information missed during absences. All teachers certify attendance records and are responsible for correct and accurate reporting of attendance and class hours. Class time missed must be made up. The college administration relies on attendance records submitted by the teachers, and hold the teachers responsible for incorrect attendance records. Teacher must check and report attendance correctly. It is each students responsibility to make sure the teacher records him/her present in each class in which he/she is in attendance. If a student misses class due to illness or emergency, it is the students responsibility to contact the teacher of the course directly. It is not necessary for the student to notify the administration. The College administration will drop a student from enrollment for the semester after being absent more than one class per semester credit hours they are enrolled a semester. There are no excused absences. All classes started, but not completed, prior to dismissal for excessive absences will receive a W. Example: A student is enrolled for

Page 4 of 26 3 Semester Credit Hours 3 Absences allowed per semester 4 absences the student is dismissed for the semester and not allow to received credit for the courses enrolled. 7 absences the student is dismissed for the semester and not allow to received credit for the courses enrolled. 13 absences the student is dismissed for the semester and not allow to received credit for the courses enrolled. 16 absences the student is dismissed for the semester and not allow to received credit for the courses enrolled.

6 Semester Credit Hours

6 Absences allowed per semester

12 Semester Credit Hours

12 Absences allowed per semester

15 Semester Credit Hours

15 Absences allowed per semester

Internship hours are kept by the supervising attorney. The interning student is required to notify the supervising attorney immediately if an absence will occur from an internship. The student must also record the absence on the daily internship time sheet. Absences should occur only in extreme emergencies. The student must make up any regularly scheduled time missed. Occasionally, teachers unavoidably arrive late or cancel classes due to circumstances arising from their professional practices. Should there be a reasonable expectation that a class will run overtime due to a teachers late arrival, any student who must leave at the originally scheduled ending time should speak to the teacher before class or during the break. Any and all students leaving before the originally scheduled ending time will be marked absent by the teacher. If the teacher is 30 or more minutes late to class, the class is dismissed and will be made up at another time set by the teacher. Teacher Evaluation: Teacher/Staff evaluations are completed by each student. These evaluations are used to help the teacher and the school improve. Class Participation: Participate in class in appropriate ways - taking notes, asking questions, responding to questions, etc. Test: Take all in-class test. Take the final examination given by the teacher. The school will provide an administrative exam to be given at the end of each course. Make-up exams will be at the discretion of the instructor. GRADES: Grading Scale: 90 - 100 = A 89 - 80 = B 79 - 70 = C 69 - 60 = D 59 - 60 = F Final Grade Computation: The following is an example of final grade computation. The instructor may, at his or her discretion, adjust the percentages.

Example:

40% = Final Exam

Page 5 of 26

10% = Attitude & Attendance 35% = Midterm Exam 15% = Homework/Workbook Satisfactory Progress Policy The Satisfactory Progress Policy applies to all students whether they are enrolled on a full-time, half-time or selfpaced basis and applies to all programs of study. Students are considered making Satisfactory Progress in the program of study as long as they are eligible to continue in attendance in accordance with the following provisions. Each student's Satisfactory Progress is measured at midpoint in their program and at the end of each course. Progress in the program includes policy for withdrawal from a course, withdrawal from school, incompletion of a course, repeating a course and failing a course. Withdrawal from a Course A student may add or drop a course(s) during the first week of class. After the first week, if the student attends a class, the student will be enrolled in that course for the entire term of the course. Should a student Withdraw from a course before the midterm, the student will receive a "W" for that course. The "W" will remain on the students permanent record. Should a student withdraw from a course after the midterm, a grade of WF will be received. The students graduation date will be extended under these circumstances. Failure to attend a seminar after registering for the seminar will result in a WF. Incompletion of a Course A student will receive an "I" in a course with the approval of the Admission & Education Team Supervisor or the President, after consultation with the instructor. The work required to complete the course must be completed during the next three weeks or the student will receive an "F" for the course. Repeating a Course A student may elect to repeat a course at his own expense to improve a grade, which will be averaged into the student's cumulative grade point average (GPA). The first grade will not be averaged into the GPA; however, no grades will be deleted from the student's transcript. The second grade will be shown as a repeat on the student's transcript. All courses must be repeated prior to graduation dates. Failing a Course A student who receives a grade of "F" in any course must repeat the course or complete another course in the rotation of courses offered to be eligible for graduation in the chosen curriculum. The repeat or new course will be averaged in the student's cumulative GPA; however, the "F" will not be deleted from the transcript. A minimum grade of "D" or better is required to pass all courses in all programs; however, a student may repeat a course until it is satisfactorily completed. A student may substitute a course upon approval, in writing, by the Administration. The students graduation date will be extended under these circumstances. NON-CREDIT remedial courses are not offered. Make-up Policy: Make-ups may be allowed at the discretion of the instructor Make-ups may be allowed if the student misses a quiz or test due to unavoidable circumstances, such as his/her own illness or serious illness or death of a family member or close friend. The student must contact the teacher about taking a make-up within 3 calendar days of the missed assignment. The teacher may require written documentation of the circumstances and reserves the right to investigate the truth of the claim or deny the student the right to take a make-up. Makeups work is totally at the discretion of the instructor.

Academic Honesty: The school places a high premium on academic honesty. The students may certainly study together, exchange notes, consult books in the library, etc. When students enter the classroom to take a quiz or test, they must place all notes and books out of sight. The students must avoid even the appearance of impropriety. The teacher may ask the student to certify honesty by writing on each quiz or test paper that "I have

Page 6 of 26

neither given nor received aid during this test (quiz, examination)" and by signing the statement. Enrichment Activities: The instructor should inform the class the first day the way he/she plans to present the course. Basics are given in the following pages, but specific dates and requirements are under the instructors discretion. The dates of reading assignments, quizzes, and exams are subject to change. All changes will be announced in class by the teacher. Keep an assignment calendar to keep up with your assignments and preparation requirements for all courses! Location of Class: Most classes are conducted at the main campus or auxiliary lecture sites. However, teachers are encouraged to take students to law offices, courtrooms, large law libraries, and other community locations where paralegals may learn how the legal community functions. Students are responsible for obtaining instruction and information missed during absences. Time Allotment: See Catalog. Classmates: Students may find it helpful to have the names and phone numbers of two or three classmates in case the student needs to get notes, find out about announcements, etc. Name:_____________________ Phone:______________________ Name:_____________________ Phone:______________________ Name:_____________________ Phone:______________________ Example Assignment Calendar: Can be a purchased hand-held school calendar, or just a one-subject notebook with drawn lines! MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY

Read pgs. 309-315 Assignment: Go onto LexisNexis and find LA coade for lecture topic. Case Study handout

Lecture tonight on Litigation procedures. Finish assignment handout! Lecture tonight on Onthe-Job application, Case study.

Assignment handout due TODAY!

Midterm Exam: Review before test: bring highlighter, pencil, and paper

No make up today, finish reading chapter for next week.

Meet Sondra at her house to go over LexisNexis research.

Page 7 of 26

Course Name: LEGAL RESEARCH AND WRITING FOR THE PARALEGAL Course Description: The Legal Research phase of this course will provide a comprehensive working knowledge of the research materials and research tools used in the legal environment and to introduce students to research strategies and legal analysis. The Legal Writing phase of this course will provide the basic tools and knowledge to improve writing skills, structure, and style. The students will learn strategy, legal reasoning, and proper form in legal writing. Given the nature of this course, individualized instruction will be needed to provide each student the possibility to build upon prior knowledge and excel further in these two fields. Course Objectives: The specific objectives of this course is to provide an overview of legal research and legal writing. This course will teach the student how to identify and use primary and secondary sources of law, as well as encyclopedias and treatises. The student will also have the opportunity to develop skills using computerized legal research sources. Students will improve their writing style, as well as be introduced to correspondence, memorandum, and briefing. Required Books: LEGAL RESEARCH AND WRITING by David J. Smith (Lawyers Cooperative Publishing, 1996), LEGAL RESEARCH: Chapters 1-9 LEGAL WRITING: Chapters 10-16 Supplemental Materials: applicable website resources and LexisNexis. Preparatory Assignment For Students: < Read reference source for next lesson, as indicated by instructor. < Answer student workbook questions for next class assigned by instructor. Materials Students Must Bring to Class: < BRC Student Workbook < Paper for note taking < Pencil and/or Pen < Textbook < LexisNexis printouts as required by instructor

TOPICS AND KEY POINTS TO BE COVERED FOR LEGAL RESEARCH:

I. OVERVIEW OF LEGAL RESEARCH AND WRITING Chapters 1-2, pages 1-24; Chapter 10, pages 258-276 Legal Research Terms and Definitions selected by teacher for first class Overview of Legal Research and Writing Starting Points Analyzing a Legal Problem A Research Plan Legal Writing Forms (examples) Basic writing and Word usage Legal writing goals Steps to legal writing Spelling II. PRIMARY SOURCES OF LAW CONSTITUTIONAL LAW AND STATUTORY LAW Chapter 3, pages 25-44 Primary Sources of Law Constitutional Law Statutory Law

Page 8 of 26

III. PRIMARY SOURCES OF LAW REGULATORY LAW AND CASE LAW Chapter 3, pages 44-68 Primary Sources of Law Regulatory Law Case Law Other Sources of Law IV. SECONDARY SOURCES OF LAW Encyclopedias Law Outlines Textbooks Restatements Uniform Laws and Model Acts Periodicals Looseleaf Services Dictionaries, Thesauri, and Related Resources Attorney General Opinions Chapter 5, pages 113-149

V. PRIMARY LAW FINDERS AND VERIFICATION Chapter 4, pages 69-112 Finding Tools and Verification American Law Reports Digests Shepards Citator VI. CITATIONS Goals of Effective Citation Citations Manuals Citing Constitutions and Statutes Citing Administrative Regulations Citing Cases Public Domain Citation [Louisiana] Citing Secondary Sources Short Citation Citation Signals Unwritten Signals VII. RESEARCH AND COMPUTERS Computer-Assisted Research VIII. BASIC LEGAL ANALYSIS Analysis of Case Law Analysis of Statutory Law Analysis of Ordinances Analysis of Administrative Law Analysis of Constitutional Law IRAC Method of Analysis IX. STRATEGIES FOR RESEARCH Taking Effective Notes Application of the Research Plan Verification of Authority Ending Your Research Chapter 7, pages 170-185

Chapter 6, pages 150-169

Chapter 8, pages 202-230

Chapter 9, pages 231-254

Page 9 of 26

Question List: Your instructor may choose from this list of questions to assess your learning, as well as create their own assignments for you to complete. Make sure your instructor reviews these questions with the class. OVERVIEW OF LEGAL RESEARCH AND WRITING 1. What is the three-step plan for conducting legal research?

2.

Define generally primary sources of law, secondary sources of law, and primary law finders.

3. A. B. C. d. e. f. g. h. i. j.

Select the correct spelling: Nigligince Specific Performance Parallel Citation Sheperdizing Treatise Judgement Probable cause Bankroptcy Codocil Corpration Negligence Spacific Performance Parallal Citetion Shepardizing Treatese Judgment Probably cause Bankruptcy Codofil Corporation

4. Select the correct word: A. B. C. D. E. F. G. H. I. J. K. L. The debtor has refused to pay the (principle, principal) account of the debt. The jury was greatly (affected, effected) by the victims testimony. The accountant will (apprise, appraise) the value of the estate. The judge agreed to (accept, except) the defendants plea of guilty. The (illusion, allusion) the attorney made to the plaintiffs reputation was reprehensible. Most legal professionals are scrupulous about maintaining their (colanders, calendars) On appeal, the defendant argued his trial (counsel, council) was inadequate. The plaintiffs brief was significantly longer (than, then) that of the defendant. The partnership was entered into (among, between) Peter, Andrew, and Susan. Failure to promptly assert a claim may result in a (waver, waiver). This file has been (lying, laying) on your desk for more than a week. The jury had a great deal of difficulty in appointing (its, its) foreman.

Page 10 of 26

M. N. O. P. Q. R. S. T. U. V. W. X. Y. Z.

The transcript of the deposition was given to Lauren and (myself, me) to index. Each of the defendants (have, has) separate counsel. The jury (is, are) deliberating the guilt of the defendant. Many of the exhibits submitted to the court (include, includes) errors. (We, Us) legal assistants are a hearty breed. The bankruptcy committee of creditors (have, has) appointed a chairperson. The court has issued (its, their) decision which reversed the lower courts ruling (Whos, Whose) counsel will be making the closing argument tomorrow? The client clearly informed Mr. Andrews and (I, me) that she was unavailable for a deposition until September. (Among, Between) the three of us, we should be able to think of one good idea. My knees hurt too (bad, badly) to play tennis every week. Each of the female bailiffs received (their, her) own instruction manual. Neither the teacher nor the children (was, were) ready to leave the playground. None of the computers (are, is) working today.

AA. There were (fewer, less) applicants for scholarships this year than ever before. BB. An association should screen (their, its) membership applicants. CC. To (ensure, insure) success, we must set goals for ourselves. DD. All in the group (was, were) prepared for the examination. 5. Define legalese.

6. Define terms of art and provide three (3) examples.

7. What is the goal of legal writing?

Page 11 of 26

8. Briefly explain the three step approach to legal writing.

9. Provide some examples of audience characteristics that should be considered when writing.

10. Why should a paralegal utilize an outline when writing?

11. Define confirmatory letter.

12. Differentiate between an informational letter and an advisory letter.

PRIMARY SOURCES OF LAW CONSTITUTIONAL LAW AND STATUTORY LAW 1. T F Popular name tables available in the U.S.C. give a list of popular names for statutes and their citations. The official source for federal treaties is United States Treaties and Other International Agreements. Ordinances and executive orders are examples of secondary sources of law. Statutory law is a primary source of law passed by the legislative branch. In conducting legal research, it is necessary to check pocket parts in those books updated by pocket parts. Common law is used to interpret statutes. The legislature cannot change a common law principle even if it passes a statute which conflicts with the prior common law principle.

2.

3. 4. 5.

T T T

F F F

6. 7.

T T

F F

8.

The executive branch of government has a great deal to do with the laws passed by the legislative branch: the executive branch has the job of enforcing laws and the head of the executive branch may try to veto a newly passed law.

Page 12 of 26

9.

To read statutory law you would look at: A. Slip opinions B. Codes and annotated codes C. Session laws D. B and C E. A, B, and C To read common law you would look at: A. Reporters B. Slip opinions and advance sheets C. Codes D. A and B E. A, B, and C The following are primary sources: A. Constitutions and statutes B. Court rules C. Cases and regulations D. A and C E. A, B, and C To read statutes passed by the United States Congress you would look in: A. C.J.S. B. U.S.C., U.S.C.A. and U.S.C.S. C. United States Law Week D. A, B, and C E. A and B T T T T T T F F F F F F Executive orders are statutory law. Finding legal remedies is the essence of legal research. The United States Code contains all federal statutory law enacted by Congress. Federal statutes are arranged topically in the Statutes at Large. Statutes are published as slip laws before they are published as session laws. Statutes are published as session laws at the close of each legislative term.

10.

11.

12.

13. 14. 15. 16. 17. 18.

PRIMARY SOURCES OF LAW REGULATORY LAW AND CASE LAW 1. T F Many attorneys and law libraries do not subscribe to slip opinions because of their expense and difficulty in organization. A dissenting opinion is written by one or more judges who feel that the correct decision was reached, but do not agree with the reasoning behind the majority opinion. Supreme Court decisions can be found in the Federal Reporter. Common law is a primary source of law developed through court opinions. All proposed federal rules and regulations must be published in the Code of Federal

2.

3. 4. 5.

T T T

F F F

Page 13 of 26

Regulations. 6. T F A majority opinion controls (is binding on) later decisions by the same court and lower courts. A concurring opinion is the explicit disagreement of one or more judges in the result reached by the majority. A per curiam opinion is an opinion written by the court rather than by one particular judge. A three-judge panel makes an en banc decision. En banc decisions are usually reserved for important cases. Rules of court are rules promulgated by the court, governing procedure or practice before it.

7.

8.

9. 10. 11.

T T T

F F F

12. 13.

The power of courts to review decisions of another department or level of government is called home rule. To read United States Supreme Court opinions you would look in: A. United States Code B. United States Reports and United States Supreme Court Reports, Lawyers Edition C. Supreme Court Reporter and United States Law Week D. B and C E. A, B, and C To read opinions of the United States Circuit Courts of Appeal you would look in: A. Unites States Law Week B. Federal Reporter C. Federal Supplement D. A, B, and C E. B and C The doctrine of stare decisis: A. Applies to future cases decided by a lower court B. Applies where facts are substantially the same C. Applies to future case decided by the same court D A, B, and C. E. B and C

14.

15.

16. United States Code Congressional and Administrative News (USCCAN) is a source of what? 1. State legislative history 2. Local government news 3. Federal legislative history 4. State statutory law 17. Appellate review in the United States Supreme Court is permitted by granting a write of 1. Mandamus 2. Certiorari 3. Replevin 4. Summons

Page 14 of 26

18. A docket number in a case opinion is a (n) 1. Part of the case citation 2. Internal number used by the court 3. Number developed by the National Reporter System 4. None of the above SECONDARY SOURCES OF LAW 1. 2. 3. 4. 5. T T T T T F F F F F Secondary sources of law are considered persuasive authority. Corpus Juris Secundum is a legal encyclopedia. A treatise provides an overview, analysis, or summary of a particular type of law. Treatises are not a primary source of law. Loose-leaf services contain information in binders that is replaced periodically to add new cases, statues, or administrative rules and regulations. Formbooks contain standard language that can same time in drafting legal documents.

6.

7.

The U.S. Attorney General decisions are advisory in nature and do not have binding authority, but they are given considerable weight by the courts in interpreting statutes and regulations.

8.

The following are secondary sources: A. Legal encyclopedias B. Legal periodicals and law review articles C. Treatises D. A, B, and C E. A and B

PRIMARY LAW FINDERS AND VERIFICATION 1. T F Finding tools are not sources of law; instead, they are the means to find primary and secondary sources of law. Digests are finding tools. Volumes containing summaries of cases organized by legal topics, subject areas, etc. are called digests.

2. 3.

T T

F F

4.

The following are generally used only to find primary sources: A. American Law Reports annotations B. Digests C. Legal encyclopedias D. A, B, and C E. A and B T F Digests contain short summaries of legal principles from court opinions, with the summaries being arranged strictly chronologically.

5.

6.

Head notes from cases are reprinted in:

Page 15 of 26

A. B. C. D. 7. T

Legal encyclopedias Digests Law review articles American Law Reports F Digests are compilations of case law for a particular reporter or a particular group of reporters. The American Digest System indexes and classifies all case law, both state and federal. The American Digest System is sometimes called the Decennial Digest and uses the key number system. Shepardizing is the process of looking up the citation of a case or statute to determine its history. To update the status of a particular case, one would use Shepards Citations.

8. 9.

T T

F F

10.

11.

12. List the steps in Shepardizing a case:

14. What is the abbreviation for a case that has been overruled?

15.

West Publishing Company publishes the Shepards Citator.

16. What is the difference between the treatment of the case and the history of the case?

17.

Within the Shepards Citator volumes, the citations appearing in parentheses indicate other cases which have been overruled the case being researched. Indexing is the accepted process for checking the status of specific cases, while Shepardizing is used for checking the status of statutes.

18.

CITATIONS 1. T F Cite checking involves reviewing administrative rulings to see if they comply with federal statutes. Proper citation enables the reader to quickly and accurately find the location or multiple locations of a particular authority. The Bluebook is a standard manual used for citation.

2.

3. 4.

What is the primary purpose of legal citation?

Page 16 of 26

5.

Unscramble the following and/or cite them in the proper manner. A. United States Code Annotated, Section 2254, Antiterrorism and Effective Death Penalty Act, Title 28.

B.

United States Constitution, Article 1, Section 3

C.

Louisiana Revised Statute Annotated, Title 44, Section 3

D.

Code of Criminal Procedure Article 894.1

E.

Constitution, art. II, U.S. 1.

F.

U.S.C.S., 1, (Law. Co-op. 1978), 16.

G.

34 Conn. App. 866, Squeglia v. Squeglia, 644 A.2d 378 (1994).

1.

What is the purpose of a system of public domain citation?

2.

Unscramble the following and/or cite them in the proper manner. 1. Louisiana Supreme Court, 1982, vol. 419, Southern Reporter 2nd Series, page 951, State versus Quimby.

2.

vol. 524, Southern Reporter 2nd Series, Louisiana Third Circuit Court of Appeal, page 803, 1988, Succession of Payne, Supreme Court of Louisiana 1988, page 1044, vol. 525, Southern Reporter 2nd Series, writ denied.

3.

vol. 633, March 11, 1994, Clarkson - defendant, page 918, Louisiana First Circuit Court of Appeal, docket number 93-0657, Plaintiff = Penton, Southern Reporter 2nd Series, at page 921.

4.

vol. 391, United States Reporter, p. 510, Witherspoon v. Illinois, p. 776 Lawyers Edition 2nd Series vol. 20, 88 S.Ct. 1770 1968.

Page 17 of 26

5.

Plaintiff Karla Faye Tucker, Vol. 115, Docket number 97-20101, Page 276, Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division, Federal Reporter, June 3, 1997, Third Series

RESEARCH AND COMPUTERS 1. 2. T F The official court reports can be found on both LEXIS and WESTLAW.

What is the name for the typical type of search conducted on a computerized database?

3.

A root expander is a character that allows the computer to search for all words having the same common root. A connector is a word that is used to connect various cases in a string citation.

4. 5.

What is one disadvantage to conducting legal research on a computer?

6. 7.

T T

F F

The Internet cannot be used for legal research. Natural language cannot be used to search computer databases.

BASIC LEGAL ANALYSIS 1. T F Mandatory authority is a case in different state courts with similar facts and applicable codes of law. A dissenting opinion is only persuasive authority. A concurring opinion is mandatory authority. Questions of fact and issues of law are decided at the trial level.

2. 3. 4. 5.

T T T

F F F

An opinion of the United States Supreme Court would be mandatory authority for: A. The state supreme court B. The Circuit Courts of Appeals C. The state appeals courts D. A, B, and C 5. A and C The holding of a case is: A. The legal question considered by the appellate court. B. The rule of law and the significant or material facts necessary for reaching it. C. The reasoning of the court. D. Obiter dictum.

6.

Page 18 of 26

7.

The issue of a case is: A. The legal question considered by the court. B. The rule of law and the significant or material facts necessary for reaching it. C. The reasoning of the court. D. Obiter dictum. Define legal analysis.

8.

9.

What is meant when a case is said to be on all fours with the case at bar?

10.

What does the acronym IRAC stand for?

11.

Describe the criteria for mandatory authority.

STRATEGIES FOR RESEARCH 1. T F Due to the limitations of memory, it is necessary to develop adequate methods of note taking.

2.

What are the three steps of an effective research plan?

3.

TAPP is a acronym which stands for:

4.

TARP is a acronym which stands for:

5. 6. 7. 8.

T T T

F F F

Shepards Citator is the most common method of verifying legal authority. It is not necessary to verify legal authority until all research is completed. It is usually very clear when you should end legal research on a particular subject. .

The ultimate goal of legal research is

Page 19 of 26

TOPICS AND KEY POINTS TO BE COVERED FOR LEGAL WRITING:

I. LEGAL WRITING MECHANICS AND STYLE Word Choice Punctuation Sentence Structure Paragraph Formation Effective Legal Style Logical Development IRAC Method Importance of Outlining Strongest Argument First Editing Considerations II. CORRESPONDENCE Correspondence formats Types of correspondences Freedom of Information Act III. OFFICE MEMORANDA The client interview memoranda Research memoranda Chapter 11, pgs 277-319

Chapter 12, pgs 320-357

Chapter 13, pgs 358-381

IV. INSTRUMENTS (you may choose not to cover) Chapter 14, pgs 382-433 Quitclaim deed Louisiana living wills Special warranty deed Prerequisite for the sale of land Warranty deed Provisions of a real estate contract Cloud on the title Writing Corporation Documents Valid and Invalid will Resident agent Legatee Legal form books A devisee Boilerplate language Residuary clause The purpose of a living will V. PLEADINGS, MOTIONS, AND DISCOVERY Chapter 15, pgs 434-481 Complaints Motion for Summary Judgement Answer Additional Motions Request for Default Summons Counterclaim Subpoena Cross-Claim Proof of Service Third-Party Complaint Interrogatories Preliminary Motions Deposition Discovery Enforcement Motions Forms, Models, and Checklists VI. LITIGATION MEMORANDA AND APPELLANT BRIEFS Litigation Memorandum Purposes Guidelines Applications Format and Contents Appellate Brief Purposes and Applications Guidelines Chapter 16, pgs 482-500

Page 20 of 26

Format and Contents Question List: Your instructor may choose from this list of questions to assess your learning, as well as create their own assignments for you to complete. Make sure your instructor reviews these questions with the class. LEGAL WRITING MECHANICS AND STYLE 1. refers to the basics of writing: word choice, punctuation, sentence structure, and paragraph formation. is the diction and tone that reveal the expository nature of legal writing, differentiating it from other forms of prose. Why is word choice critical in legal writing?

2.

3.

4.

True or False. The use of abbreviations and contractions in legal documents is acceptable as a means of using plain English as opposed to legalese. True or False. The advent of the word processor has simplified the proofing process by supplying a foolproof spell checker. True or False. The overall purpose of the comma is to reduce confusion by separating distinct concepts within a sentence. When used with quotation marks, commas are placed the marks.

5.

6.

7. 8.

True or False. A topic sentence at the beginning of a paragraph provides the reader with an overview of the substance of the paragraph. Correct the following sentences.

1. 2. 3. 4. 5. 6.

75 women were involved in the class action suit. The plaintiff stated that he could not back down. After reading the contract Mary Higgins signed the paper. The paralegal, that finishes the research first will receive a bonus. Johnny stated, I witnessed the accident; the others claimed they did not see it. Mr. Thomas wrote the first book on March 2 1972 in Cadillac, Michigan.

7.

The paralegal found four things wrong with the deed it did not name the parties, it did not state the price, it was not specific, and it was not on the proper form.

8.

Myra was an efficient typist; she was also good at shorthand.

Page 21 of 26

9. 10. 11.

Mr. Williams had the qualities: honesty integrity and patience. The flood in MS made the citizens of New Orleans evacuate. That is the preferred sentence structure? Why?

12.

Define passive voice and provide an example. Why is active voice preferred over passive voice?

13.

The stress position or focal point of a sentence is generally most effective . The key to writing convincingly is Briefly discuss the IRAC method of logical development.

14. 15.

16.

The most coherent method of presenting facts is in a chronological fashion because

17.

True or False. The best way to proofread for spelling and citation is by reading the document backward. True or False. With memoranda and advisory letters, the body contains the legal analysis.

18.

19. True or False. In legal writing to a client, you should be ambiguous as possible; sounding important commands respect. CORRESPONDENCE 1. Two factors have affected the quality and purposes of legal correspondence. Briefly discuss.

2.

What are the characteristics of the modified semi-block format? How does the block format differ?

Page 22 of 26

3. 4.

Does Louisiana allow for the listing of paralegals on firm letterhead? is the delivery of a summons, writ, complaint, or other process to the opposite party, or other person entitled to receive it, in such manner as the law prescribes, whether by leaving a copy at his or her residence, by mailing a copy to him or her or his or her attorney, or by publication. What is the rule in Louisiana for mailing? Define cover letter.

5.

6.

True or False. A cover letter can be drafted and signed by a paralegal. Why or why not?

7.

Define demand letter including the necessary elements.

8.

What is the purpose of the Freedom of Information Act and are there any exceptions?

9. 10. 11.

True or False. Paralegals may draft and sign advisory letters. True or False. In an opinion letter, an attorney provides an opinion as to the value and basis of a claim. True or False. Sending a letter by certified mail is often required by court rule, as in the case of service of process. True or False. The word sincerely alone is not appropriate in legal writing; sincerely yours is more appropriate. True or False. A settlement letter is one where an opinion is given to the client that attempts to keep the matter out of court.

12.

13.

OFFICE MEMORANDA 1. Paralegals are oftentimes utilized in an initial client interview, with or without the presence of an attorney. Why are paralegals effective in this capacity? Are there any limitations to the scope of the interview if an attorney is not present?

2.

Briefly explain the four parts of an interview memorandum.

3.

Why would an interviewers impressions or observations be so important in a field interview?

Page 23 of 26

4.

Is it permissible to tape record interviews? Is the interviewees permission required? Any exceptions?

5.

What is the primary goal of a research memorandum?

6.

List the components of a research memorandum.

7.

What is the rule for the use of primary and secondary authority is a research memorandum?

8. 9.

True or False. Obtaining preliminary information on a client is called intake. True or False. An inquiry memorandum is submitted to an attorney in response to an inquiry as to the status of an investigation. True or False. In a research memorandum, the facts should be stated in an objective fashion with all facts, both favorable and unfavorable, mentioned.

10.

INSTRUMENTS 1. Differentiate among quitclaim deed, special warranty deed, and warranty deed.

2.

Define cloud on the title.

3. 4. 5. 6.

To die leaving a valid will is

; to die without leaving a valid will is

True or False. A legatee is a person who receives real property as a beneficiary under a will. True or False. A devisee is a person who receives personal property as a beneficiary under a will. Define residuary clause.

7. 8.

True or False. A deed is recorded in the local land records office. True or False. An individual who wishes to pass certain property to loved ones upon death can effectuate intentions through a warranty deed. True or False. An oral agreement to sell land is unenforceable; a written agreement is required.

9.

Page 24 of 26

10.

What is the purpose of a living will? Does Louisiana provide for living wills in its statutes?

11. 12.

A prerequisite for the sale of land is a List the most important provisions of a real estate contract.

13.

When a corporation if formed, three different documents are typically prepared:

14.

What is a resident agent?

15..

Name some examples of legal form books.

16.

Define boilerplate language. What are some of the disadvantages of using boilerplates?

17.

True or False. When a marriage ends, parties often sign an instrument known as a separation agreement. True or False. Typically prepared instruments for businesses include articles of incorporation, meeting minutes, and bylaws. True or False. Ambiguous language is standard and appears on every legal instrument.

18.

19.

PLEADINGS, MOTIONS, AND DISCOVERY 1. A caption includes:

2.

The complaint, answer, counterclaim, cross-claim, and third-party complaint collectively are referred to as . Define affirmative defense and provide examples.

3.

4.

What is a default judgment and when is it entered?

Page 25 of 26

5.

Define counterclaim. How does this differ from a cross-claim?

6.

True or False. Litigation documents, those prepared for court, are written in plain English with no legalese or terms of art used. True or False. Attorneys and paralegals should be careful to not violate the rules of variance. True or False. An answer responds to each allegation that is raised in the complaint. What matters do preliminary motions address?

7. 8. 9.

10.

Define summary judgment.

11.

Differentiate between a summons and a subpoena.

12.

List the five discovery tools available to an attorney.

13. 14.

True or False. Discovery is limitless: When an individual files suit, his life becomes an open book. What is the importance of requests for admissions?

15. 16.

True or False. A counterclaim is a second complaint brought against the defendant by the plaintiff. True or False. In a bench trial, the judge interprets the facts and determines the applicable legal principles without help of a jury.

LITIGATION MEMORANDA AND APPELLANT BRIEFS 1. To support a motions factual and legal arguments with primary law, an attorney would prepare a , sometimes referred to as a The overall purpose of litigation memoranda is

2.

Page 26 of 26

3.

List the contents of a litigation memorandum.

4.

What is the purpose of the argument section?

5.

True or False. A notice of appeal informs the opposing party of the appeal.

6. An appeals court will rarely reconsider the facts as decided by the fact-finder. What is considered reviewable by the higher court? Provide examples.

7.

List the items contained in an appellate brief.

8.

Identify the parties involved in an appeal.

9.

Define amicus curiae brief.

10.

True or False. A litigation memorandum presents the legal arguments and supporting authority for a partys position. True or False. The appendix is a collection of documents from the trial court that are relevant for the appeal as part of the record.

11.

FINAL EXAMINATION (last day/last hours of course)

Date of Final:

Student preparation checklist: 9 Take notes during Final Exam Review: 9 Use the assignments given throughout the course as your study-aids. 9 Make sure you know what the test will consist of and how it will be administered. 9 Relax! If you know the material and understand the structure of the exam, you should do fine! If you have questions, dont be afraid to ask your instructor!