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 Page | 3 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 Page | 4 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. Page | 5 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 Page | 6 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. Page | 7 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 Legal Research Page | 8 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. Page | 9 ACADEMIC CALENDAR Legal Research Page | 10 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. Page | 11 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 Legal Research Page | 12 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 Legal Research Page | 13