Chapter 13—Legal Research Process

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Presentation transcript:

Chapter 13—Legal Research Process Expanded Outline

Expanded Outline Issue page—List all ideas and formulations of the issue.

Expanded Outline Fact page—List key and background facts, sentences and ideas concerning the facts.

Expanded Outline Analysis—Rule of law page—List name and citation of law, relevant contents, ideas and sentences concerning law.

Expanded Outline Analysis—Case law page—List name and citation of case, relevant law/quotes, ideas, and sentences concerning case.

Expanded Outline Analysis—Application—List all ideas, sentences, and so on, showing how law applies to client’s facts.

Expanded Outline Counteranalysis—List any ideas, sentences, law, quotes concerning counterarguments.

Expanded Outline Conclusion—List any ideas, sentences, and so on, concerning the writing of the conclusion.

Chapter 13— Legal Research Process Part A—Analyze the Assignment

Part A—Analyze the Assignment Assignment—An identification of the type and purpose of the research assignment

Part A—Analyze the Assignment Constraints Time: Allocate research time according to the time allotted to the assignment. Length: If there is a page limit, organize research to ensure that each section is allotted sufficient space. Format: Identify any format that may govern the assignment.

Part A—Analyze the Assignment Organization—Prepare an outline of the assignment.

Chapter 13— Legal Research Process Part B—Conduct Research

Part B—Conduct Research Step 1: Preliminary preparation Gather all information necessary to research and analyze the assignment. Part 1: Gather information about the case. Part 2: Identify the key terms and key facts. Part 3: Preliminary research.

Part B—Conduct Research Step 2: Issue Identify the issue (legal question) or issues raised by the facts of the client’s case.

Part B—Conduct Research Step 3: Rule Identify the law that governs the issue. Part 1: Locate the general law that governs the issue. Part 2: Locate the law that interprets how the general law applies to the specific fact situation of the issue. Part 3: Update research.