1. LA-8 Effective Legal Research Instructor Steve Lewengrub Class 1 February 15, 2006

2. Paralegal’s Role in Research
Determine Whether Client Has A Case
Research an Issue After a Case is Filed
Support Motions and Briefs
Transactions
Prepare Memoranda Drafts
Prepare Pleadings

3. Studying the Law
Class is a supplement to, not a substitute for Studying and Preparation
Schedule a Meeting Time with Yourself to Study
Start Slow and Build Momentum (e.g. start 2 hours a week, then 4 hrs a week, etc…)
Tell family and friends of schedule and that you do not want to be disturbed, except in an emergency.
Find a Quiet Place to Study (Quiet Room, the Beach, the Library, etc…)
Stick to the Schedule
Form Study Groups (Set a Regular Weekly Meeting)

4. Studying the Law Know the Lingo Know the Concepts and Application
Outline the Topics
In your own words
Do practice problems

5. Some Key Terms Annotated code
A version of a code (a subject compilation of laws) with references
Looseleafs
Update laws that are current
E.g., United States Law Week
Authority:
Primary authority is the law
Secondary authority are sources which explain the law
Mandatory authority or mandatory precedent
Binding authority in the particular jurisdiction
Must be followed
Persuasive authority
Non-binding authority
Used to convince a court to apply the law in a certain direction
Blackletter law
Basic standard elements for a particular field of law

6. Some Key Terms Encyclopedias Secondary sources
Present background information for broad subjects
Legal dictionaries
Defines terms relevant to law
E.g., Black's Law Dictionary
Digests
Provide subject access to cases which are published chronologically in case reporters
Do not have critical analysis
Very Basic

7. Some Key Terms Law reviews
Scholarly literative and analytical articles
Treatises & Form Books
Provide a basic explanation of an area of law
Often step by step approaches
Advice for handling a case along with recommended forms
On-line sources
Westlaw and Lexis/Nexis
Findlaw
Government Sites
Other Internet Sites with Laws

8. Foundations for Laws Law Customs Sanctions Ethics Morals
requirements, prohibition, and sanctions
Customs
expectations
Sanctions
social disapproval
Ethics
standards of correct behavior (business/profession)
Morals
private behavior

9. The Functions of Laws A law tells the members of society:
what behavior is required
what behavior is prohibited
what sanctions/penalties exist for violations of the standards of behavior

10. The Common Law System Grew out of judicial practices
Judges began to follow precedents
Statutes are used to change and modernize the court findings
Based on the concepts of precedent and stare decisis

11. The U.S. System Federalism Separation of powers
Practice of dividing governmental power between a central government and local units (e.g. Federal and State Governments
Separation of powers
Practice of dividing governmental power among executive, legislative, and judicial

12. The Legal System Sources of Law in the United States
The U.S. Constitution
Federal Statutes and Treaties (Statutory Law)
Executive Orders
State Constitutions
State Statutes
Local Ordinances
Rules and Rulings of Agencies (Fed, State, Local)
Decisions by Federal and State Courts (Common Law)

14. Federal Court System

15. Florida Courts Districts

16. Classifications of Law
Civil Law
Govern private rights (between individuals)
Examples include torts and contracts
Most laws and regulations are civil laws
Criminal Law
Govern public or societal conduct
Crimes are considered offenses against society
Procedural Laws
Laws and rules that govern how the system resolves matters and sets laws)
Substantive Laws
Laws and rules that govern the rights and duties

17. How A Bill Becomes A Law
Class Exercise Using the Internet

18. Case Briefing Case Name & Citation & Date Facts Procedural History
Issue(s)
Holdings/Legal Rules
Reasoning/Rationale
Decision (Who wins)
Concurrences & Dissents
Your comments, if any
Note: You can also include any significant dicta.

19. IRAC Key method for organizing legal writing Acronym for
Issue
Rule
Analysis
Conclusion
Also can do CIRAC
First “C” = Conclusion or Road Map

20. IRAC (cont.)
Issue
Identify potential legal issues (questions) raised by the facts
Understand the rules
Rule
Select the appropriate legal rule(s)
Statute, common law rule, administrative regulations, etc…
Recognize ambiguities or alternatives
Application/Analysis (of the rules to the facts)
Can be more than one rule
Apply rules and discuss factors to alternatives if they exist
Apply the facts
Consider all possibilities & discuss reasonable alternatives
Use connector words of explanation, such as “because” and “since” to explain
Tie the facts with the key words in a rule or sub-rule
Conclusion
Explain why you have come to a conclusion about whether that rule or sub-rule was met

21. Some Key Websites General Florida Federal Class Website Findlaw
Findlaw
Florida
Federal
Library of Congress -
U.S. Courts

22. Structure of Federal Courts Structure of U.S. Government
Structure of U.S. Government