TEXAS SOUTHERN UNIVERSITY THURGOOD MARSHALL SCHOOL OF LAW Legal Research - A Component of Lawyering Process Fall 2013 Syllabus Professor DeCarlous Y. Spearman, J.D., M.L.I.S. Phone: 713-313-7328 I. LEGAL RESEARCH PROFESSOR ASSIGNMENTS Lawyering Process Section(s) §1 II. Office: 132 (Library) E-mail: dspearman@tmslaw.tsu.edu Legal Research Professor Prof. Spearman Class Day / Time Thursday 1:00 - 1:50 p.m. Room TMSLL 126 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. III. RECOMMENDED BOOK AMY E. SLOAN & STEVEN D. SCHWINN, BASIC LEGAL RESEARCH WORKBOOK (4th ed. 2011). IV. OFFICE HOURS Wednesdays 2:00 p.m. – 5:00 p.m. and by appointment. V. COURSE OBJECTIVES A. B. C. D. E. F. G. VI. 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. ATTENDANCE A. B. 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. 1 11/12/2013 C. VII. A. B. 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. MEASUREMENT OF PERFORMANCE The grade that you receive in Legal Research is worth 20% of your final Lawyering Process grade. The final grade for each student in Legal Research is based on five criteria for a total of 100 points. 1. Six Research Assignments (30 points) a. Five (5) points per assignment b. The legal research assignments cover the following: 1. The Bluebook (Citations) 2. Secondary Source Research 3. Case Research and Citators 4. Statutory Research 5. Federal Administrative Law Research 6. Federal Legislative History Research 2. One Multiple Choice Exam (15 points) 3. Class Participation (5 points) 4. Legal Research Performance (20 points) a. Research Lab b. Visual Component c. Oral Component d. Evaluation 5. Six CALI Lessons (30 points) a. Five (5) points per lesson b. You must receive a minimum score of seventy (70) for full credit. c. Submit via LexisNexis/Blackboard. VIII. ASSIGNMENTS A. B. C. Format Requirements - To help insure fair and equitable grading, all assignments must be: Typed directly into the Word document downloaded from Lexis web courses. 12 point Times New Roman font Left margins justified only Double space between answers Required Heading - The following information is required at the top, left-hand side of each assignment. DO NOT USE TITLE PAGES. Name Section Date Required Statement - The signed statement “I have neither given nor received unauthorized aid” must appear on each assignment. 2 11/12/2013 D. IX. COURSE ORGANIZATION A. B. X. 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. RESEARCH ASSIGNMENTS AND PENALTIES A. B. C. D. E. F. G. XI. Use of Computers - Unless specifically instructed otherwise, you are to use print sources, not computers, to find the answers to assignments. 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 is a one point penalty for omitting any required information such as the Honor Code statement or your signature. 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. RESEARCH PROCESS 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. XII. RESEARCH ASSIGNMENTS AND PROJECT INSTRUCTIONS Each assignment will have instructions on how to complete it. Instructions should be read and followed carefully, so that your grade is not penalized. 3 11/12/2013 SPEARMAN FALL 2013 LEGAL RESEARCH SYLLABUS WEEK OF DATE 8/19/2013 TOPIC READING Introduction Syllabus Purpose of Legal Research Mandatory v. Persuasive Authority Introduction to The Bluebook Civil Trial Process Court Structure Basic Legal Research – Chapter 1 Library Tour Handout – Legal Research Performance 9/2/2013 Generating and Evaluating Search Terms Secondary Sources Basic Legal Research - Chapters 2 & 3 Handouts – Fact Pattern 9/9/2013 Westlaw and Lexis Training 9/16/2013 Secondary Sources 9/23/2013 Case Research 8/26/2013 ASSIGNMENT The Bluebook: A Uniform System of Citation-Pgs. 1-2, Tables 1, 6, 7 & 10 CALI Training Handouts – The Civil Trial Process, Court Structure Basic Legal Research – Chapter 4 The Bluebook: A Uniform System of Citation- Rule 15, Rule 16 (15.8) Basic Legal Research - Chapter 5 Handout – Case Citation 4 11/12/2013 Assignment 1: The Bluebook (Citations) CALI Lesson: Citation Form for Briefs and Legal Memoranda DUE IN CLASS THE WEEK OF 9/2/2013 Assignment 2: Secondary Source Research CALI Lesson: Introduction to Secondary Resources DUE IN CLASS THE WEEK OF 9/23/2013 Secondary Research Presentation 9/16/2013 Assignment 3: Case Research/Citators 9/30/2013 Case Research/Citators 10/7/2013 Statutory Research 10/14/2013 Statutory Research 10/21/2013 Federal Administrative Law 10/282013 Federal Administrative Law Basic Legal Research - Chapter 5 & 6 The Bluebook: A Uniform System of Citation - Rule 10 Basic Legal Research - Chapter 7 Basic Legal Research - Chapter 7 The Bluebook: A Uniform System of Citation - Rule 12 Basic Legal Research - Chapter 9 Basic Legal Research - Chapter 9 The Bluebook: A Uniform System of Citation - Rule 14 5 11/12/2013 CALI Lesson: How to Find Case Law Using the Digests DUE IN CLASS THE WEEK OF 10/7/2013 Case Research Presentation 9/30/2013 Assignment 4: Statutes & Codes CALI Lesson: Codification DUE IN CLASS THE WEEK OF 10/21/2013 Statutory Research Presentation 10/14/2013 Assignment 5: Fed Administrative Law CALI Lesson: Rulemaking: Federal Register and CFR DUE IN CLASS THE WEEK OF11/4/2013 Federal Administrative Law Presentation 10/28/2013 11/4/2013 Federal Legislative History Basic Legal Research - Chapter 8 The Bluebook: A Uniform System of Citation - Rule 13 11/11/2013 Federal Legislative History EXAM REVIEW Basic Legal Research The Bluebook: A Uniform System of Citation 11/18/2013 ***EXAMINATION*** 6 11/12/2013 Assignment 6: Fed Legislative History CALI Lesson: Researching Federal Legislative History DUE IN CLASS THE WEEK OF 11/11/2013 Federal Legislative History Presentation 11/11/2013