Legal Research POLI496
Donna K. Axel, Esq.
R-517
Tel: 201-200-3574
Email: daxel@njcu.edu
(For all EMAILS: please specify course title and your name in subject)
Course Description
Legal research and analysis are at the heart of what lawyers do. In this course, we will
learn the fundamentals of legal research as we explore the U.S. legal system, sources of
law, and methods for applying the law to facts. Readings include a required text (see
below) and primary legal sources, such as cases and statutes.
Course Requirements
The final grade is based on the following:
Quality of class participation (20%)
Homework assignments (20%)
In-Class group and individual assignments (20%)
Quizzes (20%)
Research Memo (20%)
Required Text
Delaney, John, Learning Legal Reasoning, 3d ed., 2006. [Delaney 1]
Delaney, John, How To Do Your Best On Law School Exams, 4th ed., 2006. [D2]
Recommended
1. Michael J. Murray & Christy H. DeSanctis, Legal Research and Writing, Foundation
Press (2006). (Main Text/LR)
2. Michael J. Murray & Christy H. DeSanctis, Legal Research and Writing: Problems and
Exercises, Foundation Press (2005). (LR: P&E)
3. Morris L. Cohen and Kent C. Olson, Legal Research in a Nutshell, Thomson West,
(2003). (Nutshell)
4. Bluebook: A Uniform System of Citation, 18th ed., (2005). (“Bluebook”)
Online Materials
Peter W. Martin, Introduction to Basic Legal Citation (LII 2006 ed.),
http://www.law.cornell.edu/citation/
Findlaw: www.findlaw.com
Cornell’s Legal Information Institute (LII): http://www.law.cornell.edu/
LII/Wex (Public access law dictionary and encyclopedia):
http://www.law.cornell.edu/wex/index.php/Main_Page
Course Outline
Class 1: Introduction to the Process of Law, Legal Research and Case Briefing
In-Class discussion re: Legal Method, Sources of Law, Primary & Secondary Sources
Pre-Test
Class 2: Legal Reasoning: the basis for understanding case law, lawyers, & judges
Reading: Delaney, Chapter 1; D2, pp. x-6.
Movie: The Paper Chase
Assignment 1 Due: Google, Findlaw, & Brown.
Class 3: The Case Brief: a means to learning legal reasoning
In-Class Exercise: How to Brief a Case
In-Class Exercise: Sources of Law Primary and Secondary Sources
Reading: Delaney, Chapter 2; D2, pp. 7-14.
Assignment 2 Due: The purpose of legal research, case briefs, & “thinking like a lawyer”.
Class 4 (Sept. 27): LIBRARY: Westlaw
Reading: Go to “Search Tips for Westlaw.com”:
http://west.thomson.com/documentation/westlaw/wlawdoc/web/cswlcm04.pdf
Also: Legal Research in a Nutshell, pp. 82-137.
Assignment Due: In-Class Assignment: LRW: P&E, pp. 47-49, Select Qs (TBA).
Assignment 3 Due: Case brief 1
Class 5 (Oct. 4): LIBRARY: Westlaw Exercise re: Analysis of Multiple Authorities
Reading: TBD.
In-Class Assignment: Ranking authorities in terms of their value to your case.
Recommended Exercises: In-Class Assignment: LRW: P&E, pp. 50-52 (West Digest
System Exercises); and pp. 53-56 (as time permits).
Class 6: The Life of a Case, Court Systems, Hierarchy of Judicial Authority, Jurisdiction
Readings:
QUIZ: Basic Westlaw Searches
Delaney, Chapters 3, pp. 50-55 & Chapter 4
Assignment 4: In-Class re: Controlling authority (Identifying authoritative law),
In-Class Assignment re: Jurisdiction (if we have time).
Class 7 (Oct. 18): Pre-Law Event, Room TBA
OCTOBER 18, 7pm-9:30pm: You are invited to join us for Guest Speaker and
Prep for the NY Law Forum, Room TBA
Register for the NY Law Forum: www.lsac.org
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Class 8: Reconciling two cases: The role of precedent and analogous reasoning
Reading: Delaney, Chapter 4 (Narrow v. Broad Holdings); D2: TBD
In-Class Assignment re: Determining the Rule: Is precedent used EXACTLY?
OR Is precedent interpreted, modified, or changed by the judge(s)?
Assignment 5 Due re: Library Research Process: cases, research, and overview.
Classes 9-12: Writing up your research results
Class 9: Practicing Legal Citations.
Reading: D2, Chapters 2-4.
go to http://www.law.cornell.edu/citation/ Peter W. Martin, Introduction to Basic Legal
Citation (LII 2006 ed.). Read the sections under “What and Why?”
Reading: Legal Research in a Nutshell, pp. 138-313.
In-Class Assignment: Practicing Legal Citations, LRW
In-Class Assignment: Case Briefing.
Assignment 6 Due: Determining the Rule.
Class 10: Writing about precedent
QUIZ: Legal Citations
Delaney, Chapter 5 (Overruling precedent…? And ways to buttress precedent);
D2: Chapters 4-5; (6-7, if possible).
Assignment 7 Due: Case Briefing
Classes 11: Research Plans & CIRIP
Recommended Reading:
Legal Research in a Nutshell, pp. 13-18.
Assignment 8 In-Class: Organizing a Research Plan.
Class 12: Secondary Sources of the Law & Court Rules
Reading: Focus on Law Review Articles.
Assignment 9 In-Class: Summarize first two-three paragraphs of law review article in the
margins. How does this law review relate to your research?
Class 13: Research Memo Due
Reading: Delaney, pp. 106-129
Class 14: Post-Test
Reading: Delaney, pp. 106-129
Week 15: Individual Appointments
Enjoy the holidays!
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