ADVANCED LEGAL WRITINGPA401-01

Unit 2

Prepared by:

David Weigel  Adjunct Professor

School of Legal Studies dweigel@kaplan.edu

Final Research Project Assignment (Jane's Asylum Case):

Prepare a Research Plan

In Unit 1, you identified the legal issues that you believe must be researched in the case involving Jane Doe. Using the issues that you have identified, you will prepare and submit a research plan this week. Your plan should include a proposed list of keywords, a list of any individual websites you intend to search, and your proposed start site for general searching. If you have identified more than one issue for research, you should prepare a plan for each issue

RUBRIC

• 60% : Use electronic libraries/databases

 • Student demonstrates the ability to

retrieve documents through advanced searches, refine search strategies, and explain strategies used to refine the search.

• 10% Mechanics: Technically flawless, mechanically and grammatically correct.

• 10% Format: Organization and structure of the paper are clear and easy to follow.

•  10% Style:  Logical flow of ideas.

•  10% Language: Variety of sentence length and structure. Language rich, precise, and vivid.

UNIT 2

Read Chapters 6 and 9 in the Kaplan custom text.

eBook Chapter 6: Applying the Meaning of a Statute

• THE STATUTORY FRAMEWORK• THE ELEMENTS OF A STATUTE• STATUTORY LANGUAGE

TERMS OF ART

• Statutory Interpretation

- Interpretation by Courts

- Interpretation by Administrative Agencies

Reading a Statute Step by Step

•Level 1: Easiest Scenario •Level 2: Fairly Easy Scenario •Level 3: Somewhat Difficult Scenario •Level 4: Most Difficult Scenario

Using the Bluebook.

When to Cite?

•When you rely on and use legal sources and legal authorities in your own work, The Bluebook provides a systematic citation form to “cite” those references.

•The citation follows the discussion from the source: It is clear that only personal rights that can be deemed "fundamental" or "implicit in the concept of ordered liberty” are guaranteed personal privacy Palko v. Connecticut, 302 U.S. 319, 325 (1937).

Bluebook: Uniform Citation For Legal Reference

Legal Studies

Kaplan University

When to Cite?

•When you rely on and use legal sources and legal authorities in your own work, The Bluebook provides a systematic citation form to “cite” those references.

•The citation follows the discussion from the source: It is clear that only personal rights that can be deemed "fundamental" or "implicit in the concept of ordered liberty” are guaranteed personal privacy Palko v. Connecticut, 302 U.S. 319, 325 (1937).

How to Cite?

• The order of the citation is important because each part identifies something in the reference that can lead the reader to the original source as you found it.

• Each legal source has its own particular order to follow and specific information that must be included in the cite.

How to Cite Cases?

• A general case citation is as follows: Tom Reed Gold Mines Co. v. United E. Mining Co., 39 Ariz. 533 (1932).

• Always underline or italicize case names: -Smith Corp. v. Doe Inc.

• The “v.” is lowercase, is followed by a period, and is not “vs.”:

-Paradise v. Parker,

• Follow case names by a comma, which is not underlined or italicized:

-Arizona v. Fulminante,

How to Cite Cases?• Do not include parties' first names, unless they are the

name of a corporation: -Baker v. John Smith Inc.,

• If there is more than one plaintiff or defendant, use only the first party on each side.

• Do not abbreviate United States in a case name: -United States v. Michigan,

• Some words may be abbreviated, but do not abbreviate them if they are the first word of a party. Refer to the Bluebook for common abbreviations.

How to Cite Federal Cases?

• U.S. Supreme Court: Cite to U.S. If it's not yet published there, cite to S. Ct., L. Ed., U.S.L.W., or LEXIS, in that order of preference. Do not include parallel cites:

-Smith & Jones, Inc. v. Couch, 401 U.S. 313 (1985).

• U.S. Circuit Courts of Appeal: Cite to F., F.2d, or F.3d. Note no space between the F. and the number. Include the circuit in the cite:

-Davis v. Everett, 102 F.2d 24 (9th Cir. 1954).

How to Cite Federal Cases?

• U.S. District Courts: Cite to F. Supp. Note the space between the F. and the Supp. Include the district in the cite:

- Flanders v. Glissandi, 913 F. Supp. 885 (C.D. Cal. 1996).

How to Cite State Cases?

• Cite to the regional reporter. Include the court in the cite:

- Hoyt, Inc. v. Irving-Johnson Corp., 425 P.2d 976 (Cal. App. 1976). Kearney v. Lovejoy, 777 P.2d 1024 (Cal. 1993).

How to Cite Cases Available Only in Lexis?

• Vaughn v. Wilson, No. 95-124, 1995 U.S. Sup. Ct. LEXIS 3255, at *16 (1995).

How to Cite Quotations?

• Always give the exact page of a quote (i.e. pinpoint cite), even when paraphrasing:

- "The Fourth Amendment protects people, not places." Katz v. United States, 375 U.S. 76, 82 (1965).

How to Cite Statutes?

• Federal Statutes: Cite to U.S.C. or U.S.C.A. - 12 U.S.C. § 1986 (West 1996).

- 12 U.S.C.A. § 1986 (1996).

• State Statutes: The form varies by state. - Cal. Pen. Code § 187 (West 1989).

- Neb. Stat. Ann. § 212-414(b) (West 1990).

- A.R.S. § 1-101 (2005).

How to Cite Constitutions?

• Federal: - U.S. Const. amend. XX

- U.S. Const. art. I, § 2, cl. 3

• State: - Cal. Const. art. XIV

How to Cite Secondary Sources?

• Books: John Knight, A Jury of Twelve, 225 (1st. ed. 2001).

• Periodicals: Mary A. Jones, The Best of Trial Briefs, 28 Neb. L. Rev. 102 (2006).

• Encyclopedias: 16 C.J.S. Evidence § 12 (1996).• Dictionaries: Black's Law Dictionary, 826 (7th ed.

1998).• Annotations: Tom McCannon, Annotation, Searches

and Warrants, 79 A.L.R.2d 1257 (1995).

How to Cite Court Rules?

• Federal:- Fed. R. Civ. P. 12 (b)(6).

- Fed. R. Crim. P. 7(b).

• State:- Haw. Fam. Ct. R. 106.

- N.J. Ct. R. 3:8-3.

How to Cite Electronic Sources?

• American Bar Association. Section on Legal Education and Admissions to the Bar. Legal Education and Bar Admission Statistics, 1963 – 2005, available at http://www.abanet.org/legaled/stats.html, (last visited Oct. 18, 2006).

Miscellaneous Points

• When a cite is in the middle of a sentence, follow it with a comma.

- In Yon v. Sambaed, 421 U.S. 119 (1992), the Supreme Court held that . . .

• When a cite is at the end of a sentence, follow it with a period.

- This decision was overruled in Ankeny v. Burnside, 102 F.2d 65 (3d Cir. 1942).

Miscellaneous Points

• When you have a string cite (several cases cited in a row) separate them with semicolons. Cite federal cases first, then state cases, and cite higher courts before lower ones.

-Several courts have held that the sun rises in the east. Caruthers v. Druid, 414 U.S. 9 (1992); Major v. Minor, 2 F. Supp. 1245 (S.D.N.Y. 1912); California v. Parker, 421 P.2d 198 (Cal. App. 1978).

Miscellaneous Points

• To delete one or more words within a quote, use ellipses. At the end of a sentence, follow the ellipses by a period.

-"The time has come . . . to talk of many things." Lewis Caroll, Alice in Wonderland 56 (1872).

• Never start a sentence with ellipses. If you start a quote in the middle of a sentence, or if you substitute letters or words in a sentence, use brackets.

-"[M]y troubles seemed so far away." Paul McCartney, Yesterday 2 (1966).

Miscellaneous Points

• When one authority is quoting from another, indicate it. - "Citations stink." Brennan v. Marshall, 102 F. Supp. 1234, 1236 (D. Mass. 1984) (quoting Scalia v. Thomas, 313 U.S. 653, 655 (1976)).

For Further Information

• See The Bluebook, eighteenth edition as this is only a primer in formatting.

• CHAPTER 9• Creating a Research Plan

• The Legal Research Process.

• Beginning Your Research: Considering the Facts- Brainstorming, TAPP, and TARP

• Tackling the Project- Classify the Problem- Familiarize - Consult Secondary Sources- Consult Primary Sources- Miscellaneous Research Guides (Legal Indexes) - Shepard’s Citations for Cases- Pocket Parts- Finding On-Point Cases.- Strategies for Effective Legal Research

Working with the Authorities

•Note Taking

•Staying Focused

When to Stop

Exercise 9.1: Develop a Checklist

Developing a Research Strategy

•What Will Your Research Strategy Be?

•Using Your Research Strategy Effectively

•Updating Your Research Strategy

•Exercise 9.2: Develop a Research Strategy