© 2006 Thomson Delmar Learning. All Right Reserved. CHAPTER 2 PRENUPTIAL AGREEMENTS

Developing your skill Legal Memorandum of Law Appellate brief Susan’s first research assignment Where to start Digest Legal Research and Writing Chapter 2 © 2006 Thomson Delmar Learning. All Right Reserved.

Susan’s first Memorandum of Law Statement of facts Issues presented Discussion Conclusion Discussing Susan’s writing assignment How our legal system was created English imports Legal Research and Writing Chapter 2 © 2006 Thomson Delmar Learning. All Right Reserved.

Common Law Precedent/ Doctrine of Stare Decision Common law Supreme Court Three parts – Majority – Dissent – Concurrence Legal Research and Writing Chapter 2 © 2006 Thomson Delmar Learning. All Right Reserved.

Statutory Law – Statutory law – Statute – Codes How the Court System is set up – Supreme Court – County Courts – Circuit Courts – District/ Superior Court – Small Claims Court – Trial Court Legal Research and Writing Chapter 2 © 2006 Thomson Delmar Learning. All Right Reserved.

The Judge’s Job Interpret the law Apply jurisdiction Primary authority Secondary or persuasive authority Learning the law Socratic method Legal Research and Writing Chapter 2 © 2006 Thomson Delmar Learning. All Right Reserved.

Learning legal research Judicial opinions Reporters – Supplemental bound volume – Pocket parts – Advance sheet Regional Reporters Case of first impression Legal Research and Writing Chapter 2 © 2006 Thomson Delmar Learning. All Right Reserved.

Do statutes apply to your case? Federal vs. State Are you researching procedural or substantive law? Substantive law Procedural law Legal Research and Writing Chapter 2 © 2006 Thomson Delmar Learning. All Right Reserved.

Finding the Right Books for Research Essential Sources for Legal Research State statutory code Case reporters Court rule book Case digest Legal newspaper Legal Research and Writing Chapter 2 © 2006 Thomson Delmar Learning. All Right Reserved.

You Have The Right Books, But Now What? Words and phrases Index CALR A Brave New World: Computer-Assisted Legal Research Westlaw Lexis-Nexis Search engines Legal Research and Writing Chapter 2 © 2006 Thomson Delmar Learning. All Right Reserved.

How to Locate a State Statute Coding Statute Analysis Legislative history Needle in a Haystack: Finding the Applicable Case Law Determine what issue is being searched Analyze your research question Legal Research and Writing Chapter 2 © 2006 Thomson Delmar Learning. All Right Reserved.

Additional research help available Corpus Juris Secundum (CJS) American Jurisprudence (Am Jur) Citations: No two alike Example: 74 HAW. 645, 852 P.2d 44 (1993). – The first set of numbers, 74 HAW. 645, means that the case can be found in the 74th volume of the Hawaii Reports one page 645. The second set of numbers is known as a parallel citation and directs you to the same case opinion, but in the geographic region reporter – in this case, the reporter for the Pacific region. The citation 852 P.2d 44 directs you to volume 852 of the second series of the Pacific Reporter on page 44. Legal Research and Writing Chapter 2 © 2006 Thomson Delmar Learning. All Right Reserved.

Shepardize or suffer the consequences Shepardizing Analyzing a Case: Learning How to Read – Again? Case briefing How to brief a case Determine key facts Legal issues in dispute Holding of the case Legal Research and Writing Chapter 2 © 2006 Thomson Delmar Learning. All Right Reserved.

Susan’s first Appellate Brief Writing your first Appellate Brief Identifying the parties in the appeal Cover sheet requirements Table of Contents – Table of authorities – Statement of issues – Statement of facts – Argument – Conclusion Appellate brief analysis Legal Research and Writing Chapter 2 © 2006 Thomson Delmar Learning. All Right Reserved.

Ethics Alert: Should Susan be concerned? Legal Research and Writing Chapter 2 © 2006 Thomson Delmar Learning. All Right Reserved.