LEGAL RESEARCH - A C OMPONENT OF LAWYERING PROCESS

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LEGAL RESEARCH - A COMPONENT OF
LAWYERING PROCESS
900-02 & 900-06
FALL 2014
PROF. DECARLOUS Y. SPEARMAN
3100 CLEBURNE STREET | HOUSTON, TEXAS 77004
TELEPHONE: 713.313.4455 | FAX: 713.313.1049
TABLE OF CONTENTS
The Professor .................................................................................................................................. 3
Course Books & Material ............................................................................................................... 4
Course Description & Objective ..................................................................................................... 5
Student Learning Outcomes ............................................................................................................ 6
Grading ........................................................................................................................................... 7
Accommodations ............................................................................................................................ 8
Participation, Attendance & Professionalism ................................................................................. 9
Academic Calendar ....................................................................................................................... 10
Policies & Procedures ................................................................................................................... 11
Reading Assignments.................................................................................................................... 12
THE PROFESSOR
NAME:
DeCarlous Y. Spearman, J.D., M.L.I.S.
TELEPHONE: 713-313-7328
EMAIL:
dspearman@tmslaw.tsu.edu
LOCATION:
132 (Law Library)
OFFICE HOURS:
Wednesdays
2:00 p.m. – 5:00 p.m.
(All other times by appointment only)
NOTE FROM THE PROFESSOR:
Remember that research is a trial and error process. Do not become discouraged if you feel like
you are going in circles. The research process is learnable, but you must remain patient and
determined to accomplish the task.
Legal Research
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COURSE BOOKS & MATERIAL
REQUIRED BOOKS
HARVARD LAW REVIEW ASSOC., THE BLUEBOOK: A UNIFORM SYSTEM OF CITATION (19th
ed. 2011).
AMY E. SLOAN, BASIC LEGAL RESEARCH: TOOLS & STRATEGIES (5th ed. 2012).
For your convenience, a copy of this book has been put on reserve.
RECOMMENDED BOOKS
AMY E. SLOAN & STEVEN D. SCHWINN, BASIC LEGAL RESEARCH WORKBOOK (4th ed. 2011).
Legal Research
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COURSE DESCRIPTION & LEARNING OBJECTIVES
DESCRIPTION
A.
B.
Students meet for lecture once each week.
In each lecture, I will examine:
1.
The purpose of the resource.
2.
How the resource is used.
3.
How the resource fits within the total legal research scheme.
4.
How the source is cited based on The Bluebook.
LEARNING OBJECTIVES
A.
B.
C.
D.
E.
F.
G.
Legal Research
Distinguish between:
1. Federal and state law,
2. Primary and secondary sources, and
3. Mandatory and persuasive authority.
Understand the relationship between legal institutions.
Conduct research using basic resources for state, federal and administrative law.
Design an appropriate research strategy.
Update research using citators.
Identify and analyze legal issues.
Apply the rules of citation that are appropriate for citing sources in legal
documents using The Bluebook: A Uniform System of Citation.
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STUDENT LEARNING OUTCOMES
STUDENT LEARNING OUTCOMES
Student Learning Outcome #1: Students will be able to distinguish between federal and state law,
primary and secondary sources, and mandatory and persuasive authority.
Student Learning Outcome #2: Students will be able to apply the rules of citation that are
appropriate for citing sources in legal documents using The Bluebook: A Uniform System of
Citation.
Student Learning Outcome #3: Students will be able to identify and analyze legal issues.
All three learning outcomes will be assessed through the use of research assignments and in a 25
question examination.
Legal Research
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GRADING
A.
The grade that you receive in Legal Research is worth 20% of your final Lawyering Process
grade.
B.
The final grade for each student in Legal Research is based on five criteria for a total of
200 points.
1.
Five Research Assignments (100 points)
a.
Five (20) points per assignment
b.
The legal research assignments cover the following:
1.
The Bluebook (Citations)
2.
Secondary Source Research & Case Research
3.
Secondary Research, Case Research and Statutes
4.
5.
2.
3.
4.
Legal Research
Secondary Research, Case Research, Statutes & Legislative
History or Administrative Law
The Bluebook (Citations)
One Multiple Choice Exam (50 points)
Class Participation (20 points)
Six CALI Lessons (30 points)
a.
Five (5) points per lesson
b.
You must receive a minimum score of seventy percent (70%) for full
credit.
c.
Submit via LexisNexis/Blackboard.
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ACCOMMODATIONS
The Law School will make reasonable accommodations to documented disabilities. Such
accommodations will not be provided if they fundamentally alter the nature of the program or if
they would be unduly burdensome either financially or administratively.
Please refer to the student hand book for further information:
http://www.tsulaw.edu/student_affairs/docs/2011-2012AccommodationsHandbook.pdf
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PARTICIPATION, ATTENDANCE & PROFESSIONALISM
A.
B.
C.
D.
Legal Research
Attendance is required in this course. Two (2) absences are allowed for the
Legal Research portion of Lawyering Process.
There are no excused absences. See Student Rules of Matriculation p.22, § 9.
Beginning with the third (3rd) absence, I reserve the right to reduce the Legal
Research portion of your final grade in accordance with the Student Rules of
Matriculation cited above.
Class Participation is worth 20 points of your total grade.
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ACADEMIC CALENDAR
Legal Research
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POLICIES & PROCEDURES
RESEARCH ASSIGNMENTS AND PENALTIES
A.
B.
C.
D.
E.
F.
G.
Legal Research
All assignments will be distributed in class and also made available on LEXIS
Web Courses.
Assignments are due at the beginning of class.
Lawyers are always working against deadlines; therefore, extensions on due dates
will NOT be granted.
Late assignments will NOT be accepted.
Every effort is made to have assignments returned to you at the class following
the due date. Assignments will be returned in class, unless otherwise instructed.
There may be a one point penalty for omitting any required information.
All answers must be arrived at independently, and the work submitted must be
your own unless otherwise instructed. Failure to abide by this rule will be
considered an Honor Code violation.
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READING/ ASSIGNMENTS
READING
8/18/14
Basic Legal Research – Chapter 1
8/28/14
The Bluebook: A Uniform System of Citation-Pgs. 1-2, Tables 1, 6, 7 & 10
Assignment 1: The Bluebook- Part I (Citations)
CALI Lesson: Citation Form for Briefs and Legal Memoranda; Due: 9/4/2014
Supplemental Material – The Civil Trial Process, Court Structure
9/4/2014
Basic Legal Research - Chapters 2 & 3
Supplemental Material – Fact Pattern
9/11/2014
Basic Legal Research – Chapter 4
The Bluebook: A Uniform System of Citation- Rule 15, Rule 16 (15.8)
Assignment 2: Secondary Sources
CALI Lesson: Introduction to Secondary Sources; Due 9/18/2014
9/18/2014
Speaker Faran Fay
Basic Legal Research - Chapter 5
Supplemental Material – Case Citation
9/25/2014
Mandatory Lexis and Westlaw Training Revised 9-18-14
10/2/2014
Basic Legal Research – Chapter 5 & 6
The Bluebook: A Uniform System of Citation Rule 10
Assignment 3: Secondary Sources & Case Research
CALI Lesson: How to Find Case Law Using the Digests; Due 10/9/2014
10/9/2014
Speaker Ougo Onwudiegwu
Basic Legal Research - Chapter 7
Assignment 4: Secondary Sources, Case Research & Statutory Research
CALI Lesson: Codification; Due 10/23-2014
10/16/2014
Basic Legal Research - Chapter 7
The Bluebook: A Uniform System of Citation - Rule 12
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10/23/14
Basic Legal Research - Chapter 9
Assignment 5: Secondary Sources, Case Research, Statutory Research & Legislative History or
Administrative Law
CALI Lesson: Rulemaking: Federal Register and CFR; Due 11/6/2014
10/30/2014
Speaker Elizabeth Smith
Basic Legal Research - Chapter 9
The Bluebook: A Uniform System of Citation - Rule 14
11/6/14
Basic Legal Research - Chapter 8
The Bluebook: A Uniform System of Citation - Rule 13; Due 11/13/2014
11/13/14
Exam Review
11/20/14
***EXAMINATION***
Revised change 9-18-14
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