1. Q UINCY COLLEGE Paralegal Studies Program Paralegal Studies Program Legal Research & Writing LAW-215 Overview of the Legal Research Process

2. Overview of the Legal Research Process In this unit, we will learn: In this unit, we will learn: Practical guidelines for beginning research tasks Practical guidelines for beginning research tasks Strategies for effective research Strategies for effective research How to develop an effective plan for working with authorities How to develop an effective plan for working with authorities Guidelines for ending research Guidelines for ending research

3. Overview of the Legal Research Process Most research tasks encountered by Paralegals involve the analysis of legal issues presented in the context of specific facts and circumstances (i.e., cases). Most research tasks encountered by Paralegals involve the analysis of legal issues presented in the context of specific facts and circumstances (i.e., cases). The objective of these tasks is to identify legal theories that can be applied to practical solutions rather than academic hypotheses. The objective of these tasks is to identify legal theories that can be applied to practical solutions rather than academic hypotheses.

4. Case Roadmap

5. Pretrial Hearing Steps to Enforce and Collect Judgment Requests for New Trial and Other Post-Trial Matters Appeal Formal Investigation (Discovery) Opponent Drafts Answer Informal Investigation Initial Client Interview Opponent Attacks Complaint, Request for Dismissal Hiring of Attorney or Firm, Signing the Retainer Serve on Opponent Draft and File Complaint Accident, Breach of Contract, or Other Event Trial Further Discovery and Preparation for Trial Attempts to Settle Case (Including ADR) May End Case Request to End Case on Available Information (Motion for Summary Judgment)

6. Typical Research and Writing Tasks in a Legal Case Typical Research and Writing Tasks in a Legal Case

7. StageDocuments Filed/NeededResources Consulted Presentation of Problem Intake Form Engagement Letter Relevant Forms Firm Policies and Procedures Research Office or Legal Memorandum Opinion Letter Primary and Secondary Authorities Fact Gathering/ Interviewing FOIA Requests Public Document Info Pleadings Demand Letter Complaint Answer Motion to Dismiss Motion for Judgment on Pleadings Rules (local, state, Federal) Relevant Forms Scheduling Order/Pre-Trial Order Primary and Secondary Authorities Discovery Initial Disclosures Subpoenas Notices of Depositions Discovery Motions Rules (local, state, Federal) Relevant Forms Scheduling Order/Pre-Trial Order Primary and Secondary Authorities Motion Practice Motion for Summary Judgment Motions in Limine Rules (local, state, Federal) Relevant Forms Scheduling Order/Pre-Trial Order Primary and Secondary Authorities

8. StageDocuments Filed/NeededResources Consulted Trial Pre-Trial Memo Trial Brief Jury Instructions Rules (local, state, Federal) Model Jury Instructions Relevant Forms Scheduling Order/Pre-Trial Order Primary and Secondary Authorities Post-TrialPost-Trial Motions Rules (local, state, Federal) Relevant Forms Primary and Secondary Authorities Appeal Opinion Letter Notice of Appeal Appellate Briefs Rules (local, state, Federal) Relevant Forms Primary and Secondary Authorities SettlementSettlement Agreement Client Relevant Forms Notes: 1.All Motions must be supported by Memoranda of Law. 2.Additional forms of Legal Correspondence needed throughout all stages include Cover Letters and Status Letters.

9. The IRAC Method The most common approach used to address this kind of legal research problem is the “IRAC” method: The most common approach used to address this kind of legal research problem is the “IRAC” method: Issue(s) – What relevant facts and circumstances gave rise to the case? Issue(s) – What relevant facts and circumstances gave rise to the case? Rule(s) – What is the governing law for the issues? Rule(s) – What is the governing law for the issues? Analysis or Application – How do the rules apply to the unique facts of the case? Analysis or Application – How do the rules apply to the unique facts of the case? Conclusion(s) – What is the probable result of the case? Conclusion(s) – What is the probable result of the case?

10. The IRAC Triad Step 1: The facts of a case suggest an Issue. The legal issue would not exist unless some event occurred. Step 2: The issue is governed by a Rule of law. The issue mechanically determines what rule is applied. Step 3: Compare the facts to the rule to form the Analysis. Do the facts satisfy the requirements of the rule? The Triad is actually just a simple flowchart in which the facts can be pigeonholed into a Conclusion. The IRAC Triad emphasizes the Analysis by using the Facts, Issue and Rule as building blocks. The Analysis is the end product and primary goal of the IRAC Triad, but the role that facts play in forming the analysis is highlighted.

11. Issue Spotting – The First Step " The facts of a case suggest an Issue." The key to issue spotting is being able to identify which facts raise which issues. Because of the complexity of the law, the elimination or addition of one fact (such as time of day or whether someone was drinking) can eliminate or add issues to a case thereby raising an entirely different rule of law. The key to issue spotting is being able to identify which facts raise which issues. Because of the complexity of the law, the elimination or addition of one fact (such as time of day or whether someone was drinking) can eliminate or add issues to a case thereby raising an entirely different rule of law.

12. Questions to ask when reviewing the Facts of a Case What are the facts and circumstances of the case? What are the facts and circumstances of the case? Are there concepts in the facts that suggest an issue? Are there concepts in the facts that suggest an issue? Does the case turn on questions of fact - i.e. the parties are in dispute over what happened - or on questions of law - i.e. which rules to apply to these facts? Does the case turn on questions of fact - i.e. the parties are in dispute over what happened - or on questions of law - i.e. which rules to apply to these facts? What are the non-issues? What are the non-issues?

13. Finding the Law – The Second Step "The issue is covered by a Rule of law." Simply put, the rule is the law. The rule could be common law that was developed by the courts or a statute that was passed by the legislature. Simply put, the rule is the law. The rule could be common law that was developed by the courts or a statute that was passed by the legislature. Extract each rule of law by breaking it down into its component parts. In other words, ask the question: what elements of the rule must be proven in order for the rule to hold true? Extract each rule of law by breaking it down into its component parts. In other words, ask the question: what elements of the rule must be proven in order for the rule to hold true?

14. Questions to ask when reviewing the Rule of Law What are the elements that prove the rule? What are the elements that prove the rule? What are the exceptions to the rule? What are the exceptions to the rule? From what authority does it come? Common law, statute, new rule? From what authority does it come? Common law, statute, new rule? What's the underlying public policy behind the rule? What's the underlying public policy behind the rule? Are there social considerations? Are there social considerations?

15. Analyzing the Law – The Third Step "Compare the facts to the rule to form the Analysis." For every relevant fact, you need to ask whether the fact helps to prove or disprove the rule. If a rule requires that a certain circumstance is present in order for the rule to apply, then the absence of that circumstance helps you reach the conclusion that the rule does not apply. For every relevant fact, you need to ask whether the fact helps to prove or disprove the rule. If a rule requires that a certain circumstance is present in order for the rule to apply, then the absence of that circumstance helps you reach the conclusion that the rule does not apply. The analysis is the most important element of IRAC since this is where the real thinking happens. The analysis is the most important element of IRAC since this is where the real thinking happens.

16. Questions to ask when applying the Rule of Law to the Facts of the Case Which facts help prove which elements of the rule? Which facts help prove which elements of the rule? Why are certain facts relevant? Why are certain facts relevant? How do these facts satisfy this rule? How do these facts satisfy this rule? What types of facts are applied to the rule? What types of facts are applied to the rule? How do these facts further the public policy underlying this rule? How do these facts further the public policy underlying this rule? What are the counter-arguments for another solution? What are the counter-arguments for another solution?

17. Coming to a Conclusion – The Final Step "From the analysis you come to a Conclusion as to whether the rule applies to the facts.“ Take a position and support it. Take a position and support it. Make sure that whatever position you take has a firm grounding in the analysis. Make sure that whatever position you take has a firm grounding in the analysis. Be sure to look at the validity of the opponent's position. Be sure to look at the validity of the opponent's position. If the case has flaws, it is important to recognize those weaknesses and identify them. If the case has flaws, it is important to recognize those weaknesses and identify them.

18. Questions to ask when reaching a Conclusion What is the probable result of the case? What is the probable result of the case? What are the likely procedural effects? What are the likely procedural effects? Would an appeal require argument for a modification of an existing rule of law? Would an appeal require argument for a modification of an existing rule of law? Would an appeal require argument for a change in the underlying policy of the rule? Would an appeal require argument for a change in the underlying policy of the rule? What would be the probable outcome of an appeal? What would be the probable outcome of an appeal?

19. Your broad legal research topic classifications federal/state civil/criminal procedural/substantive focus by using legal indexes background resources legal encyclopedias practice manuals American Law Reports state law guides law summaries legal periodicals self-help books treatises textbooks monographs form books restatements statutory law constitutions federal statutes federal regulations state statutes state regulations ordinances case notes Shepard’s relevant case many relevant cases Shepard’sdigests or The Basic Legal Research Process

20. Basic Approach to Legal Research Step 1: Formulate your legal questions Step 1: Formulate your legal questions Step 2: Categorize your research questions Step 2: Categorize your research questions Step 3: Find appropriate background resources Step 3: Find appropriate background resources Step 4: Look for statutes Step 4: Look for statutes Step 5: Find a relevant case Step 5: Find a relevant case Step 6: Use Shepard’s and digests to find more cases Step 6: Use Shepard’s and digests to find more cases Step 7: Use Shepard’s to update your cases Step 7: Use Shepard’s to update your cases

21. Strategies for Effective Legal Research Always examine the statutes. Use an annotated code because it will refer you to cases. Always examine the statutes. Use an annotated code because it will refer you to cases. Use encyclopedias to obtain introductory information about the issue you are researching. Use encyclopedias to obtain introductory information about the issue you are researching. If you cannot locate cases through an annotated code, use digests. If you cannot locate cases through an annotated code, use digests. If there is a well-known treatise or text on this topic, examine it because it will provide excellent analysis as well as references to cases. If there is a well-known treatise or text on this topic, examine it because it will provide excellent analysis as well as references to cases.

22. Strategies for Effective Legal Research For a complete overview of a topic, consult A.L.R. (or A.L.R. Fed. for federal issues). For a complete overview of a topic, consult A.L.R. (or A.L.R. Fed. for federal issues). For discussions of new or controversial issues or a thorough examination of an issue, find legal periodicals through the Index to Legal Periodicals or Current Law Index. For discussions of new or controversial issues or a thorough examination of an issue, find legal periodicals through the Index to Legal Periodicals or Current Law Index. If a looseleaf service is devoted to the topic you are researching, examine it. If a looseleaf service is devoted to the topic you are researching, examine it. Use Shepard’s Citations or KeyCite to locate other cases, legal periodical articles, attorneys general opinions, and A.L.R. annotations. Use Shepard’s Citations or KeyCite to locate other cases, legal periodical articles, attorneys general opinions, and A.L.R. annotations.

23. Questions to Help Develop a List of Descriptive Words or Phrases Who is involved? Who is involved? What is the issue being considered? What is the issue being considered? Where did the activity take place? Where did the activity take place? When did the activity take place? When did the activity take place? Why did the issue develop? Why did the issue develop? How did the problem arise? How did the problem arise?

24. Ten Tips for Effective Legal Research Be prepared Be prepared Be flexible Be flexible Be thorough Be thorough Be patient Be patient Be organized Be organized Be efficient Be creative Be wary Be resourceful Be calm

25. Know When You’re Done Have you answered the question(s) you wanted answered when you began? Have you answered the question(s) you wanted answered when you began? Are the laws and facts in the cases you have found pertinent to the facts of your situation? Are the laws and facts in the cases you have found pertinent to the facts of your situation? Do the cases you found refer to (cite) each other? Do the cases you found refer to (cite) each other? Are the materials you’ve found to support your answer as up-to-date as you can get? Are the materials you’ve found to support your answer as up-to-date as you can get? Have you used all major research resources that might improve your understanding or make your answer more certain? Have you used all major research resources that might improve your understanding or make your answer more certain? Can you explain your reasoning in writing? Can you explain your reasoning in writing?

26. Resources for Legal Research Law Libraries Law Libraries Online Resources Online Resources

27. End of Overview of the Legal Research Process End of Overview of the Legal Research Process