Lawyering Fundamentals: Research
Syllabus
Fall 2015
“Lawyer competence, in most if not all areas of legal practice, demands a wide range of
fundamental skills including the ability to … perform legal research … .”
In re Brooks, 11 S.W.3d 25, 29 (Ky. 2000).
Professor




Stacey L. Gordon
Office: 167
Phone: 243-6808 (w), 239-9024 (h)
Email: stacey.gordon@umontana.edu
Course Description
In the Lawyering Fundamentals courses, students will explore fundamental lawyering skills and
values of the legal profession in an active, collaborative, and participatory environment.
Fundamental Lawyering Skills
Skill 1: Problem Solving
Skill 2: Legal Analysis and Reasoning
Skill 3: Legal Research
Skill 4: Factual Investigation
Skill 5: Communication
Skill 6: Counseling
Skill 7: Negotiation
Skill 8: Litigation & Alternative Dispute
Resolution Procedures
Skill 9: Organization and Management of Legal
Work
Skill 10: Recognizing and Solving Ethical
Dilemmas
Lawyering Fundamentals: Research
Fundamental Values of the Profession
Value 1: Provision of Competent
Representation
Value 2: Promotion of Justice, Fairness and
Morality
Value 3: Improvement of the Profession
Value 4: Professional Self-Development
ABA Section of Legal Education & Admissions
to the Bar, Statement of Fundamental
Professional Skills and Values (1992) (adopted
by the School of Law faculty, May 13, 1996)
(often referred to as the MacCrate Report).
Page 1
Learning Outcomes
This class will focus primarily on developing competence in Skill 3. However, research involves
aspects of problem solving, analysis, and organization, so Skills 1, 2 and 9 will be implicated as
well. At the end of this semester:





Students will be able to analyze a legal research problem and develop a research plan
that includes identifying the most appropriate sources and formats for the problem.
Students will be able to select appropriate secondary sources and use them to begin
active research of a legal problem.
Students will be able to conduct primary legal research to find and expand on relevant
authorities.
Students will be able to assess the importance of updating the law and continued
validity of all authorities used in researching a legal issue.
Students will be able to cite authorities correctly.
Required Text
ALWD & Colleen M. Barger, ALWD Guide to Legal Citation (5th ed. 2014). You will also use this
book in your Lawyering Fundamentals: Analysis course this semester and you will need it
throughout your law school career. Because the rules have changed significantly, you cannot
use a previous edition.
Grading & Assignment Descriptions
LATE ASSIGNMENTS MAY BE PENALIZED UNLESS YOU RECEIVE PRIOR DISPENSATION FROM
PROF. GORDON.
1. Weekly Research Exercises
As part of your class preparation, you will complete short online (on Moodle) exercises
designed to reinforce skills introduced in the videos. It is required that you complete these
exercises, and in-class exercises will build on them. Exercises will be discussed in class and
model answers will be posted after class each week. Research exercises will be due on Mondays
at 9:00am. These exercises will not be graded, but failure to complete them will be considered
in your Professionalism grade. You may work with other students to complete the exercises,
but all students must submit them individually.
2. Citation Exercises
Careful citation is an extremely important aspect of legal research and writing. Good citation
allows your readers (law firm partners and judges) to easily locate the authority you cite, shows
the weight of your authority and that your research is thorough, and ensures you have not
plagiarized. You will learn how to correctly cite each of the tools you use, and you will be
graded on correct citation in your capstone assignments. Each week you will complete a set of
citation exercises designed to give you practice with the fundamentals of legal citation. These
Lawyering Fundamentals: Research
Page 2
exercises will not be graded and you do not have to turn them in, but you will discuss them in
your law firms and they will help you prepare for the graded citation exam. Failure to complete
all the assigned citation exercises will be considered in your Professionalism grade. You may
work with other students on the citation exercises.
3. Research Plan Assignment
(30% of grade). This assignment will give you the opportunity to demonstrate that you can
devise an effective and efficient research strategy for researching a case law issue. In this
assignment, you will demonstrate both understanding of research methods and proficiency
with the case law sources and tools. This is an individual assignment that you must work on
alone. You may not discuss the assignment with other students until after it has been turned in,
except that you will discuss it during your law firm meeting on October 16. You may ask
questions of your JP or Prof. Gordon. This assignment will be graded anonymously.
Due: October 26, 9:00am. Submit at Student Services with Anonymous #1 on your paper. No
identifying information other than your anonymous number should appear anywhere on your
assignment.
4. Citation Exam
(20% of grade). The citation exam will test your ability to use the ALWD Guide to Legal Citation,
and to correctly cite cases, constitutions, statutes, and administrative regulations– the sources
you will most often be citing to the court throughout your career. There will be a review before
the exam and previous years’ citation exams will be available on the course Moodle page.
The citation exam will be graded according to a grading rubric that you will be given before the
exam. Because grading the citation exam is entirely objective, it will not be graded
anonymously.
Date: Friday, November 13, 11:30am-1:00pm. All students meet in Room 201.
5. Capstone Research Assignment
(40% of grade). The capstone assignment will give you the opportunity to use all the sources
and skills you have learned in this course to answer a legal question.
This is an individual assignment that you must work on alone. You may not discuss the
assignment with other students until after it has been turned in, except that you will discuss it
during your law firm on November 6. You may ask questions of your JP or Prof. Gordon. This
assignment will be graded anonymously.
Due: Monday, November 30, 9:00am. Submit at Student Services with Anonymous #2 on your
paper. No identifying information other than your anonymous number should appear anywhere
on your assignment.
Lawyering Fundamentals: Research
Page 3
6. Professionalism
(10% of grade). Attendance is required in all law school classes but merely attending class will
not prepare you to practice law. You must also both prepare for class and actively participate in
class.
Your Junior Partner (JP) will assign part of your professionalism grade based on your
participation in group discussions and your completion of citation exercises.
Quality of Work
Grade
Excellent Law Firm Work
A
Good Law Firm Work
B+
Fair Law Firm Work
B-
Poor Law Firm Work
C
Unacceptable Law Firm Work
F
Under the law school attendance policy, if you miss more than 5 total classes (whether they are
regular classes or law firms) for any reason, you MUST withdraw from this course. See the Law
Student Handbook for more details regarding the law school attendance policy.
Participation in class discussions and exercises is essential to this course. Each student is
expected to come to class prepared and to contribute to classroom discussions on a regular
basis.
I expect that your class participation will reflect the type of professionalism expected of law
practitioners. This includes limiting your use of laptops and other technologies in the classroom
to class and law firm related activities. Repeated failure to adhere to this standard may result in
the lowering of your professionalism grade.
Law school is a professional school. All your courses will prepare you for the practice of law in
some manner and all are equally important. If you don’t already, you should begin now to
adhere to professional standards in your written work. I expect that all your written work will
be organized, neat, and carefully proofread. I will read your assignments carefully and mark
writing errors such as grammar, spelling, and punctuation but I will not grade off for these types
of errors unless your paper contains an unreasonable number of errors or is sloppy.
Lawyering Fundamentals: Research
Page 4
Grading Scales
The Research Plan and Capstone assignments will be graded using a rubric to assign letter
grades based on the percentage scale below. Final grades will be calculated using the grading
scale in the Student Handbook.
Grade
Grade
Percentage
Scale
Grade
Points
A+
> 100%
A+, A
4.0
A
93-100%
A-
3.70
A-
90-100%
B+
3.30
B+
87-89%
B
3.00
B
83-86%
B-
2.70
B-
80-82%
C+
2.30
C+
77-79%
C
2.00
C
73-76%
C-
1.70
C-
70-72%
D
1.00
D
60-69%
F
0
F
< 60%
Course Moodle Page
The course Moodle page is an extension of the classroom. The Moodle page will contain course
information, and you will receive assignments via the Moodle page. The Moodle page may also
contain supplemental reading and other handouts. Announcements will be made in class and
via email through the Moodle page to students’ official UM email addresses.
Academic Honesty
1. Individual and Group Work.
On one hand, part of good research is your ability to analyze the material you find and use your
evolving thinking about the question to lead you to the appropriate sources. On the other hand,
when you are first learning legal research techniques and sources, it is often helpful to be able
to discuss the research problem with someone. In this course, you will complete both individual
and group assignments so you can learn from both experiences.
It is a violation of the Law School Honor Code to collaborate on assignments without
permission. Section 2-201(d) of the Honor Code states:
A student may not offer for credit work prepared in collaboration with another
person unless the student secures the instructor’s written permission in advance
Lawyering Fundamentals: Research
Page 5
of submission. Unless the instructor so states in a written instruction, a student
does not prepare work in collaboration with another person if the student
merely discusses with such other person matters relevant to the work in
question.
In this course:



You may work with as many people as you like on weekly research exercises.
You may work with as many people as you like on citation exercises.
You must work on the Research Plan and Capstone assignments individually, except that
you will discuss each assignment once during your law firm time. Outside of those two
law firm times, you may not discuss the Research Plan or Capstone assignments with
anyone except Prof. Gordon or your JP.
On all assignments, you may ask questions of your JP or Prof. Gordon. You may ask directional
questions (e.g., “Where is the A.L.R.?” but not, “A.L.R.?”) of library staff. You may not ask Lexis,
Westlaw or Bloomberg Law representatives to help you with your research, but you may ask
them to help you with administrative tasks like finding your password or saving, printing and
emailing your results.
2. Lexis, Westlaw, Bloomberg Law and Fastcase Passwords.
You will receive Lexis, Westlaw, Bloomberg Law and Fastcase passwords on the first day of
class. The use of these passwords is governed by license agreements; when you register your
password you will verify that you have read and agree to the license agreements. Westlaw
passwords are “academic only” passwords and can only be used for law school academic
purposes. Lexis, Bloomberg Law, and Fastcase passwords can be used for research outside of
law school.
3. Academic Honesty.
All students must practice academic honesty. Academic misconduct is subject to an academic
penalty by the course instructor and/or a disciplinary sanction by the University. All students
must be familiar with The University of Montana School of Law Honor Code, which is available
in the Student Handbook, and The University of Montana Student Conduct Code, which is
available at http://www.umt.edu/vpsa/policies/student_conduct.php.
Disability Services
The University of Montana assures equal access to instruction through collaboration between
students with disabilities, instructors, and Disability Services for Students (DSS). If you think
you may have a disability adversely affecting your academic performance, and you have not
already registered with DSS, please contact Dean of Students, Elaine Gagliardi (Law 205, 2435094), and DSS (Lommasson 154, 243-2243, http://life.umt.edu/dss/). I will work with you,
Dean Gagliardi and DSS to provide an appropriate accommodation.
Lawyering Fundamentals: Research
Page 6
Course Schedule
Monday (Class)
 Section 1 (LF 1-4): 3:30-4:30
 Section 2 (LF 9-12): 2:20-3:20
 Section 3 (LF 5-8): 1:10-2:10
Friday (Law Firms): 11:30-1:00
Week 1 (Aug. 31, Sept. 4)
Course Introduction
Learning Outcomes:
 Students will know where to access information about this course.
 Students will be prepared to succeed in this course.
 Law Firms will determine a set of shared values regarding group dynamics that will
maximize small-group learning and interaction.
In Class: INTRODUCTORY PROGRAM—NO CLASS
In Law Firm:
1. Course Introduction. All law firms meet at 11:30 in Room 201.
2. Law Firm Constitutions. Law firms will meet after the Course Introduction.
Assignment Due:
1. Watch How to Succeed in This Class video.
2. Read Syllabus (posted on the course Moodle page).
Week 2 (Sept. 7, 11)
Westlaw Training
Learning Outcomes:
 Students will be able to use basic search, navigation, and document delivery features
on WestlawNext.
 Students will understand the purpose of legal citation.
 Students will understand the structure of the ALWD Manual and be able to locate
specific citation rules.
Sources & Tools:
 WestlawNext
In Class: LABOR DAY HOLIDAY—NO CLASS
Lawyering Fundamentals: Research
Page 7
In Law Firm:
1. Complete Using the ALWD Manual exercise.
2. Westlaw Training. All law firms meet at 12:00 in Room 201.
Assignment Due:
1. Read Stacey Gordon, Why I Teach Legal Citation, Jameson Law Library Blog (Aug.
31, 2013), https://jamesonlawlibrary.wordpress.com/2013/08/31/why-i-teachlegal-citation/.
2. Read ALWD Introductory Material (pages 2-8).
3. Register your Westlaw password before class.
Week 3 (Sept. 14, 18)
Using the Law Library/Lexis Training
Learning Outcomes:
 Students will be familiar with Jameson Law Library policies and rules.
 Students will be able to use the library catalog to locate library materials.
 Students will know where to locate basic types of legal sources in the Jameson Law
Library.
 Students will be able to use basic search, navigation, and document delivery features
on Lexis Advance.
 Students will be able to apply general ALWD Rules when citing various legal sources.
Sources & Tools:
 Online library catalog
 Lexis Advance
In Class:
1. Complete Using the Library exercise.
Assignment Due:
1. Watch Using the Library Catalog video.
2. Read Jameson Law Library Use Policy.
3. Complete Research Exercise #1.
In Law Firm:
1. Review Citation Exercise #1.
2. Lexis Training. All law firms meet at 12:00 in Room 201.
Assignment Due:
1. Read ALWD Rules 1-6.
2. Complete Citation Exercise #1.
3. Register your Lexis password before class.
Lawyering Fundamentals: Research
Page 8
Week 4 (Sept. 21, 25)
Researching Secondary Sources
Learning Outcomes:
 Students will be able to distinguish between primary and secondary legal sources.
 Students will be able to select the appropriate secondary source for the research task.
 Students will be able to use the unique features of various secondary sources to
conduct efficient research.
 Students will be able to apply ALWD Rules 20-22 when citing secondary sources.
Sources & Tools:
 Black’s Law Dictionary
 Am Jur 2d and CJS Legal Encyclopedias
 WestlawNext and Lexis Advance secondary source and law review databases
In Class:
1. Complete Secondary Sources exercise.
Assignment Due:
1. Watch Why Start Your Research with Secondary Sources video on Lexis Learn.
2. Watch Legal Encyclopedias video on the course Moodle page.
3. Complete Research Exercise #2.
In Law Firm:
1. Review Citation Exercise #2.
Assignment Due:
1. Read ALWD Rules 20.1, 21.1-21.3, 22.1, 22.3.
2. Complete Citation Exercise #2.
Week 5 (Sept. 28, Oct. 2)
Researching Case Law I: Introduction to the U.S. Court System & Case
Reporters
Learning Outcomes:
 Students will understand the structure of the U.S. court system and how it determines
publication and use of case law.
 Students will be able to distinguish between mandatory and persuasive authority.
 Students will be able to select relevant cases for the research task.
 Students will be able to apply ALWD Rule 12 to citing cases.
Sources & Tools:
 West’s National Reporter System
 Westlaw and Lexis caselaw databases
Lawyering Fundamentals: Research
Page 9
In Class:
1. Complete Reading & Selecting Cases exercise.
Assignment Due:
1. Watch Introduction to the U.S. Court System video on the course Moodle page.
2. Look at Cases: Advanced Search Fields.
3. Complete Research Exercise #3.
In Law Firm:
1. Review Citation Exercise #3.
Assignment Due:
1. Read ALWD Rules 12.1-12.7.
2. Read Montana Local Rule (on the course Moodle page).
3. Complete Citation Exercise #3.
Week 6 (Oct. 5, 9)
Researching Case Law II: Searching for Cases
Learning Outcomes:
 Students will be able to distinguish between basic and advanced (Boolean) keyword
searches.
 Students will understand the West Key Number System.
 Students will be able to select the appropriate type of search for the research task.
 Students will be able to apply ALWD Rule 12 to citing cases.
Sources & Tools:
 American Law Reports
 WestlawNext and Lexis Advance caselaw databases.
 WestlawNext and Lexis Advance advanced search features.
 West Key Number System
In Class:
1. Complete Case Law Research exercise.
Assignment Due:
1. Watch Constructing an Effective Search video on Lexis Learn.
2. Complete the Topic & Key Numbers on Westlaw Next lesson.
3. Complete Research Exercise #4.
In Law Firm:
1. Theory & Practice Exercise. See Theory & Practice syllabus.
Lawyering Fundamentals: Research
Page 10
Week 7 (Oct. 12, 16)
Researching Case Law III: Citators
Learning Outcomes:
 Students will be able to verify the validity of cases used as authority.
 Students will be able to use citators to conduct additional research.
 Students will be able to apply ALWD Rules 12.19, 34 to citing cases in the text of a
legal document.
Sources & Tools:
 KeyCite
 Shepherd’s
In Class:
1. Complete Citator exercise.
Assignment Due:
1. Watch Making Sure You’re Citing Good Law video on Lexis Learn.
2. Watch the Using KeyCite videos on WestlawNext. You only have to watch the
Accessing KeyCite, KeyCite History for Cases, and KeyCite Citing References for
Cases modules.
3. Complete Research Exercise #5.
In Law Firm:
1. Discuss Research Plan Assignment.
2. Review Citation Exercise #4.
Assignment Due:
1. Read ALWD Citation Rule 11.1-11.3, 12.19(a)-(d), 34.
2. Complete Citation Exercise #4.
3. Read Research Plan assignment.
RESEARCH PLAN ASSIGNMENT: Available on the course Moodle page on
October 12 at 4:30pm. Due Monday, October 26 at 9:00am. Turn in at
Student Services using Anonymous Number 1. This is an individual
assignment; you may not discuss this assignment with anyone except Prof.
Gordon or your JP except during your law firm on Oct. 16 and as noted in
the assignment.
Lawyering Fundamentals: Research
Page 11
Week 8 (Oct. 19, 23)
Researching Statutes I: Using Print and Online Annotated Codes
Learning Outcomes:
 Students will be able to distinguish between federal and state codes and select the
correct one for the research task.
 Students will be able to locate relevant statutes using both print and online versions
of codes.
 Students will be able to use the features of an annotated code to find relevant cases
and other sources that further their research.
 Students will be able to apply ALWD Rules 13, 14 to citing constitutions and statutes.
Sources & Tools:
 United States Code, United States Code Annotated, United States Code Service
 Montana Code Annotated, Montana Code Annotated Annotations
In Class:
1. Complete Montana Code Annotated exercise.
Assignment Due:
1. Watch Statutory Publications video on the course Moodle page.
2. Watch Finding the Right Statutes and Statutory Interpretation video on Lexis
Learn.
3. Complete Research Exercise #6.
In Law Firm:
1. Theory & Practice exercise. See Theory & Practice syllabus.
2. Review Citation Exercise #5.
Assignment Due:
1. Read ALWD Rules 13.1-13.2, 14.1-14.2, 14.4.
2. Complete Citation Exercise #5.
Lawyering Fundamentals: Research
Page 12
Week 9 (Oct. 26, 30)
Researching Administrative Regulations/Bloomberg Law Training
Learning Outcomes:
 Students will understand the relationship between the legislative and executive
branches of government and their lawmaking functions.
 Students will be able to locate relevant federal and state administrative rules.
 Students will be able to apply ALWD Rule 18 to citing administrative regulations.
 Students will be able to use Bloomberg Law to search federal court dockets and
transactional documents.
Sources & Tools:
 Code of Federal Regulations & Federal Register
 Administrative Rules of Montana & Montana Administrative Register
 Bloomberg Law
In Class:
1. Complete Administrative Regulations exercise.
Assignment Due:
1. Complete the WestlawNext: Locating Regulations and WestlawNext:
Regulations—Related Sources lessons on Westlaw Next.
2. Read Montana Secretary of State, Frequently Asked Questions: What Are the
Administrative Rules of Montana, SOS.mt.gov,
http://sos.mt.gov/arm/public/index.asp (last visited Aug. 24, 2015).
3. RESEARCH PLAN ASSIGNMENT DUE AT 9:00AM.
In Law Firm:
1. Review Citation Exercise #6.
2. Bloomberg Law training. All law firms meet in Room 201 at 12:00.
Assignment Due:
1. Read ALWD Rules 18.1, 18.3, 18.13-18.14.
2. Complete Citation Exercise #6.
3. Watch Bloomberg Law introductory video (link on course Moodle page).
4. Register for Bloomberg Law access before class.
Lawyering Fundamentals: Research
Page 13
Week 10 (Nov. 2, 6)
Fastcase Training
Learning Outcomes:
 Students will be able to use Fastcase to research legal issues.
Sources & Tools:
 Fastcase
In Class:
1. Fastcase training and exercise.
Assignment Due:
1. Login to Fastcase at least once.
In Law Firm:
1. Start developing a research plan for the Capstone Assignment.
2. Complete Bloomberg Law/Fastcase exercise.
Assignment Due:
1. Read Capstone Assignment.
CAPSTONE ASSIGNMENT: Available on the course Moodle page on
November 2 at 4:30pm. Due Monday, November 30 at 9:00am. Turn in at
Student Services using Anonymous Number 2. This is an individual
assignment; you may not discuss this assignment with anyone except Prof.
Gordon or your JP except during your law firm on Nov. 6 and as noted in the
assignment.
Lawyering Fundamentals: Research
Page 14
Week 11 (Nov. 9, 13)
Citation Review & Exam
Learning Outcomes:
 Students will demonstrate proficiency in citing legal sources using the ALWD Citation
Manual.
Sources & Tools:
 ALWD Citation Manual
In Class:
1. Citation review.
Assignment Due:
1. Email review questions to Prof. Gordon by 5:00pm Friday, Nov. 6.
In Law Firm:
1. CITATION EXAM. ALL STUDENTS MEET IN ROOM 201 AT 11:30AM.
Week 12 (Nov. 16, 20)
Constitutional Law Research
Learning Outcomes:
 Students will be able to locate relevant federal and state constitutional provisions.
 Students will be able to locate additional primary and secondary sources that apply
and interpret constitutional provisions.
Sources & Tools:
 Montana Code Annotated, Montana Code Annotated Annotations
 United States Code Annotated, United States Code Service
 Secondary sources
In Class:
1. Complete constitutional law exercise.
Assignment Due:
1. Read Stacey Gordon, We the People of Montana, Jameson Law Library Blog (Feb.
25, 2015), https://jamesonlawlibrary.wordpress.com/2015/02/25/3942/.
In Law Firm:
1. Theory & Practice exercise. See Theory & Practice syllabus.
Lawyering Fundamentals: Research
Page 15
Week 13 (Nov. 23, 27)
Researching Statutes II: Montana Legislative History
Learning Outcomes:
 Students will be familiar with the Montana legislative process.
 Students will be able to locate legislative “documents.”
Sources & Tools:
 Montana Legislature website
In Class:
1. Complete Legislative History Exercise.
In Law Firm: THANKSGIVING BREAK—NO LAW FIRMS
Week 14 (Nov. 30, Dec. 4)
Researching Practice Materials/Research Ethics
Learning Outcomes:
 Students will be familiar with the Am Jur practice materials library and be able to use
it to find trial practice-related documents and guidance.
 Students will be aware of ethical issues encountered in legal research.
 Students will be able to apply ALWD rules to citing legal sources in academic
footnotes.
Sources & Tools:
 Causes of Action, American Jurisprudence Proof of Facts, American Jurisprudence
Trials, American Law Reports
In Class:
1. Course evaluations.
2. Complete Practice Materials exercise.
Assignment Due:
1. Watch Practice Materials video on the course Moodle page.
2. CAPSTONE ASSIGNMENT DUE AT 9:00AM.
In Law Firm:
1. JP evaluations.
2. Complete Research Ethics exercise.
3. Review Citation Exercise # 7.
Assignment Due:
1. Read Research Ethics problem (available on the course Moodle page).
2. Read ALWD Rules 122(a)(2)(FN), 12.19(g)(FN), 14.2(h)(FN), 20.1(f)(FN), 21.6(FN)
3. Complete Citation Exercise #7.
Lawyering Fundamentals: Research
Page 16