Effective Legal Research LA-8 Class 11 May 10, 2006

Class Overview Quiz #2 Results Chapters 12-14 Research and Citation Exercises Final Exam Overview

Chapter 12 Practice Rules

Federal Practice Rules Describe the Rules and Procedures of Courts Federal Courts FRCP FRAP Local Rules FR Crim. Pro. FRE Rules of Supreme Court Case Law F.2d F. Supp. F.R.D. Readily Available Lexis/Westlaw/Findlaw Internet Books (U.S.C. and practice manuals) Secondary Sources Wright & Miller Moore’s

State Practice Rules Vary by State Some are Codified Many Follow the Federal Rules Thus, cases interpreting the Federal Rules would be _______________ authority. Readily Available Lexis Westlaw Findlaw Internet Books Secondary Sources Wright & Miller Moore’s

Practice Rules – Website Examples Find the Federal Rule of Civil Procedure relating to Depositions Find the Florida Rule of Civil Procedure relating to Depositions Find out if the Federal Trial Court in Atlanta has any special rules

Chapter 13 Ethics Rules

Ethical Rules Describe the Rules that Regulate the Conduct of Attorneys Licensing Rules and Conduct Rules No National Code of Ethical Rules/Rules are By State Can be from Supreme Court Codified by Statute ABA (American Bar Association) Model Code of Professional Responsibility/Model Rules of Professional Conduct Secondary Authority (Unless Adopted by a State) Most States Have Adopted in Whole or in Part Advisory and Ethical Opinions Readily Available Lexis/Westlaw/Findlaw Bar Association or Court Websites Books

Ethical Rules – Website Examples www.flabar.org www.abanet.org/cpr/mrpc/mrpc_home.html Class Exercise Find the Ethical Rules for California Attorneys

Practitioner Materials Chapter 14 Practitioner Materials

Practitioner Materials Checklists Form Books CLE Materials Handbooks Jury Instructions Pattern Instructions Practice Manuals Third Party Publications Nolo Other Publishers

Research and Citation Exercises (Time Permitting) Hypo #3 – Johnny Jilted Your firm’s client, Johnny Jilted, an artist, received an offer letter from Big Company, Inc. (which is located in Chicago), that stated “we will pay you $100,000 to paint a picture of our CEO, provided that you can be here to start in one week. Johnny called BCI and let it know that that he liked the offer, but wanted $150,000 to paint the picture. After two days, Johnny had not heard anything back from BCI. Johnny called back and left a message for the CEO, stating that he accepted the offer for $100,000 to paint the picture. Johnny went out and purchased painting supplies and a canvas and flew to Chicago the next day. When he showed up, BCI told him that his services would not be needed as they had hired someone else. Johnny comes to your firm as he wants to sue BCI. Using Lexis find a Secondary Source. Find one case that may be relevant. Provide proper citation, including parallel citations to it. KENT T. JOHNSON, Plaintiff-Appellant, v. GEORGE J. BALL, INC., Defendant-Appellee promise employment verbal rejected accepted Citation Exercises (PP. 542-544) Subsequent History (Bluebook pp. Citation Exercises 2-8 Short Citation 1-2 2 – 8 A case in which the plaintiff-appellant is Durward Chase, Jr., the first-named defendant is Fred C. Sabin, M.D., and the remaining defendants are Frederick C. Sabin, M.D. P.C., and Marquette General Hospital, formerly known as St. Luke’s Hospital.  The case is reported at page 60 of volume 516 of the Third Edition of the Federal Reporters and was decided by the 9th Circuit Court of Appeals in 1996. Please provide the correct Bluebook citation. Assume that you are citing to a rule of law that appears in the case identified in number 2 above.  The rule of law appears at page 62.  Provide an example of an acceptable short form citation.  A case in which Compuserve, Incorporated is the plaintiff, and Richard S. Patterson, individually and doing business as Flashpoint Development were the defendants, was decided by the United States District Court for the Southern District of Ohio on March 15, 1995.  That decision is reported in volume 997 at page 568.  The decision of the district court was reversed by the United States Court of Appeals, Sixth Circuit, on July 22, 1996.  The Sixth Circuit’s decision reversing the District Court can be found at page 1257 of volume 89 of the Second Edition of the Federal Reports. Please provide the correct Bluebook citation.

Final Exam Overview Will cover text, handouts, class exercises, and the lectures of Chapters 1-15. Topics in the book may appear on the test even if they were not covered in class. Closed book. Students may not consult notes or books while taking the exam. Test will be held at Fleming Hall – Room 411 Same format as quizzes, but longer Questions may include some or all of the following: multiple choice, fill-in-the-blank, true/false, and short answer. Being able to answer the questions below will assist you in preparing for the quiz. Some New and Some Old Questions To Prepare Study Your Notes Study Your Prior Quizzes Study the Chapters (Using the Quiz Preparation Sheets will Help)

Legal Writing Class For those of you continuing on to take Legal Writing, I have created a Class Page for that class. If you want to review the class schedule or syllabus, the website is as follows. http://www.quia.com/pages/faulegalwriting.html