LEGAL RESEARCH AND WRITING

Challenges DeAnza Library closed for the year Can use county law libraries Classroom books Online

DeAnza database: Lexis Academic Go to DeAnza Library Site On Homepage link to LexisNexis Academic Need student ID to access from home.

PARALEGAL ROLE Find law at direction of attorney when given a citation Find law at direction of attorney when given a factual situation or legal question Communicate answer to client or attorney Communicate answer to Court Cite checking Find law to answer question related to paralegal task

THE LEGAL RESEARCH PROCESS Identify factual question to research {Analysis} Find law that applies to factual question[Research] Analyze law in relationship to factual question [Analysis] Communicate findings [Writing] © 2000 by Prentice-Hall, Inc., Upper Saddle River, NJ 07458

Legal Research Library/Print resources Online legal resources Legal Fee-based Web sites Westlaw/Lexis—databases containing print resources Free Internet

Can’t I Find Everything on Google? Probably, But: Probably cannot cite to a court Do not know how reliable or current information is May be a good way to start—but not to finish!

LEGAL WRITING Case Brief Opinion Letter Memorandum of Law Memorandum of Points and Authorities Appellate Brief

Common Stumbling Blocks in Finding, Reading and Using Law Lack of legal vocabulary Most law is written by lawyers or judges for other lawyers Lack of knowledge regarding the legal system and civil and criminal legal process USE A LEGAL DICTIONARY!

Where Law is Found Print Law Libraries Other libraries Online Subscription services such as Lexis and Westlaw Internet (i.e. CD Rom

Goal of Legal Research Find “primary” law that controls in your jurisdiction. Concepts: Primary v. Secondary and Mandatory v. Persuasive

TYPES OF LAW PRIMARY Codes (statutes) Cases Constitution Administrative Regs SECONDARY SOURCES Books/articles about the law; help find and understand the primary sources

Mandatory v. Persuasive Mandatory: Primary law from your jurisdiction (and if case law it isis “stare decisis”)

SOURCES OF PRIMARY LAW FEDERAL LAW U.S. CONSTITUTION FEDERAL CASES UNITED STATES CODE CODE OF FEDERAL REGULATIONS STATE LAW STATE CONSTITUTION STATE CASES STATE CODES ADMINISTRATIVE REGULATIONS © 2000 by Prentice-Hall, Inc., Upper Saddle River, NJ 07458

Publication of Legal Materials PRIMARY LAW Case Reporters Code Books SECONDARY SOURCES Encyclopedia Digests Loose Leaf Services Treatises Form Books Periodicals © 2000 by Prentice-Hall, Inc., Upper Saddle River, NJ 07458

Language of Legal Research: Citations Cases/Casebooks: People v. Zambrana (2007) 63 Cal. Rptr. 3d 297 California Codes: Cal. Pen. Code § 411 Let’s try it on Lexis Academic

COMMON FEATURES OF LAW BOOKS Directions about how to use the book or set Explanation of abbreviations used in the book Table of contents Index Table of cases Table of statutes Pocket part supplements © 2000 by Prentice-Hall, Inc., Upper Saddle River, NJ 07458

Stare Decisis Precedent or stare decisis Once a court decides a factual dispute, it must decide same dispute the same way. Key—similarity of factual disputes Decision must be from a higher court in the same jurisdiction

Before You Begin--Review Federal and state court systems Overview of civil case Overview of criminal case “Federalism”

U.S. Courts

CALIFORNIA COURT SYSTEM California Supreme Court 7 Justices Primarily a Court of Appellate Jurisdiction California Court of Appeals Six Districts Primarily Courts of Appellate Jurisdiction Trial Courts—Superior Courts (One for each county) Courts of Original Jurisdiction

Overview of Civil Case Negotiation Pleadings Complaint (or Petition) Answer (or Response) Further pleadings Motions Discovery Motions Pretrial Hearings/Conferences Trial Motions Appeal

Overview of a Criminal Case- Felony Arraignment (First Appearance) Pleading [Complaint or Indictment] Probable Cause Hearing—Grand jury or Preliminary Examination Motions Discovery Motions Pretrial Hearings Trial Motions Appeal

FEDERALISM AND LEGAL RESEARCH Federalism—Concept that we are subject to two separate governments, state and federal. Each has its own laws Legal research requires that you know whether state or federal law controls a situation