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MATERIALS INCLUDED IN THIS WORKBOOK:
Curriculum Description
Specific Objectives of the Paralegal Programs
Paralegal Program Overview Program Skills
General Course Syllabus and Requirements
Course Description
Legal Research Topics To Be Covered
Legal Writing Topics to Be Covered
Final Exam Checklist Date of Final: / /
Questions for Student Assessment
Student WorkbookLegal Research and Writing for
the ParalegalSemester Credit Hours: 1.5
Required Textbook:Legal Research and Writingby David J. S mithlast updated: 7/16/03
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Curriculum Description:
The paralegal profession has had the highest growth rate of any profession in the United States through the
1990's. There has been a large influx of students into paralegal studies resulting in a very competitive local
market in which applicants with the most convincing and respected credentials find jobs. These courses will be
provided to fill a diversity of needs: an experienced legal secretary may want to upgrade his/ her education to be
consistent with his or her present employment; a student with an acceptable accomplished educational history
may want to learn additional marketable skills; a college graduate without a specific vocational focus may find
such a focus in environmental law, employee benefits, corporation law, bankruptcy, real estate and
mortgages/estates, trusts & wills, or personal injury and litigation management.
Specific Objectives of the Paralegal Program:
# To assure all students and prospective students from initial contact until graduation, a relationship with
the schools personnel which will meet the highest ethical standards.
# To offer specialty paralegal educational programs designed to prepare graduates for their chosen career.
# To develop, to the extent of economic viability, new methods and programs to meet the needs of a
changing job market.
# To assist the individual in making a smooth transition from "student" to "employee" by providing a
realistic job-oriented education, including internship or inquiry where applicable.
#
To assist graduates in finding employment in the economic community.
Paralegal Program:
You may be interested in the fact that paralegals and legal assistants held about 188,000 jobs in 2000.Private law
firms employ the vast majority, followed by corporations and various levels of government agencies. The
Paralegal curriculum is designed to meet the needs of this segment of the employing population by providing the
student with an overall training in the legal field. The sequence covers the following areas of law:
Program Skills:
# Legal research
# Interview clients and witnesses
#
Obtain statements and gather data in preparation of litigation# Prepare pleadings, service of process, subpoenas, wills, contracts, and other legal documents
# Organize and index documents and information
# Draft and review deeds, mortgages, leases, and other real estate and related contract documents
# Set up and maintain dockets and files
# Recognize and research criminal causes of action and pre-trial, trial, and post-trial stages of litigation
# Draft and review legal documents such as divorce petitions, child support, child custody, and property
settlement agreements
# Draft and review wills and estate plans
# Prepare and execute post-judgment documents
# Draft and review bankruptcy petitions
# Identify various business types; prepare articles of incorporation and various other documents relative to
business organizations# Abstract depositions
# Review and prepare discovery materials and responses
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Course Syllabus
Introduction: The purpose of this syllabus is to explain to the student what he/she should expect in this course.
An instructor may also produce a syllabus of his or her own outlining assignments and procedures to be followed
in the class.
Instructor name: ________________________________________________________
Hours available for students: ______________________________________________
Office phone:____________________________________________________________
Office address: __________________________________________________________
The purpose of all classes is to prepare students for the job market. The teacher will attempt to relate the
contents of this course to actual job situations. Seminars are designed to provide basic information and ideas in a
specific area of the law for those who are working in a law office and those who plan to work in a law office.
Hours in Class and Credit Earned: For scheduled class hours and attendance policy, see catalog. The teachers
may vary the class meeting time as long as the required hours are met in each course; this is done so that the
school can hire working professionals. The total semester credit hours, as indicated on the front of this booklet,
are granted for satisfactory completion of this class and a grade will be posted on the students transcript. Thisclass counts toward satisfaction of the requirements for graduation.
Suggested Supplies: Pencil, highlighter, red and black pens, paper for notes, assignment calendar, and textbook.
Student Email: All students are issued a private email address which can be accessed through the website,
www.brc.edu. It is the students responsibility to check this email address DAILY for all notices and
announcements. Your username is your first initial and last name @brcmail.com (Example:
[email protected]). Your password is the last four digits of your social security number.
COURSE REQUIREMENTS:
Attendance:The College adheres to the American Bar Association policy for law school attendance which requires "regular
and punctual class attendance." Students are expected to attend every meeting of every class. The student has the
responsibility of attending all scheduled classes. The teacher records student attendance during each class
session. A student is recorded as absent for being more than 30 minutes late for a class or for leaving class
before being dismissed by the teacher. Instructors will take attendance at the beginning and/or end of each class
session. If the student is late and/or must leave early, it is the students responsibility to inform the teacher at that
class session. Students are responsible for obtaining instruction and information missed during absences.
All teachers certify attendance records and are responsible for correct and accurate reporting of attendance and
class hours. Class time missed must be made up. The college administration relies on attendance records
submitted by the teachers, and hold the teachers responsible for incorrect attendance records. Teacher must
check and report attendance correctly.
It is each students responsibility to make sure the teacher records him/her present in each class in which he/she
is in attendance. If a student misses class due to illness or emergency, it is the students responsibility to contact
the teacher of the course directly. It is not necessary for the student to notify the administration.
The College administration will drop a student from enrollment for the semester after being absent more than one
class per semester credit hours they are enrolled a semester. There are no excused absences. All classes started,
but not completed, prior to dismissal for excessive absences will receive a W.
Example: A student is enrolled for
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3 Semester Credit Hours 3 Absences allowed per semester 4 absences the student is dismissed for
the semester and not allow to received
credit for the courses enrolled.
6 Semester Credit Hours 6 Absences allowed per semester 7 absences the student is dismissed
for the semester and not allow to
received credit for the courses
enrolled.
12 Semester Credit Hours 12 Absences allowed per semester 13 absences the student is dismissed
for the semester and not allow to
received credit for the courses
enrolled.
15 Semester Credit Hours 15 Absences allowed per semester 16 absences the student is dismissed
for the semester and not allow to
received credit for the courses
enrolled.
Internship hours are kept by the supervising attorney. The interning student is required to notify the supervising
attorney immediately if an absence will occur from an internship. The student must also record the absence onthe daily internship time sheet. Absences should occur only in extreme emergencies. The student must make up
any regularly scheduled time missed.
Occasionally, teachers unavoidably arrive late or cancel classes due to circumstances arising from their
professional practices. Should there be a reasonable expectation that a class will run overtime due to a teachers
late arrival, any student who must leave at the originally scheduled ending time should speak to the teacher
before class or during the break. Any and all students leaving before the originally scheduled ending time will be
marked absent by the teacher. If the teacher is 30 or more minutes late to class, the class is dismissed and will be
made up at another time set by the teacher.
Teacher Evaluation:
Teacher/Staff evaluations are completed by each student. These evaluations are used to help the teacherand the school improve.
Class Participation:
Participate in class in appropriate ways - taking notes, asking questions, responding to questions, etc.
Test:
Take all in-class test. Take the final examination given by the teacher. The school will provide an
administrative exam to be given at the end of each course. Make-up exams will be at the discretion of the
instructor.
GRADES:
Grading Scale:
90 - 100 = A
89 - 80 = B
79 - 70 = C
69 - 60 = D
59 - 60 = F
Final Grade Computation: The following is an example of final grade computation. The instructor may, at his
or her discretion, adjust the percentages.
Example: 40% = Final Exam
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10% = Attitude & Attendance
35% = Midterm Exam
15% = Homework/Workbook
Satisfactory Progress Policy
The Satisfactory Progress Policy applies to all students whether they are enrolled on a full-time, half-time or self-
paced basis and applies to all programs of study. Students are considered making Satisfactory Progress in the
program of study as long as they are eligible to continue in attendance in accordance with the following
provisions. Each student's Satisfactory Progress is measured at midpoint in their program and at the end of each
course. Progress in the program includes policy for withdrawal from a course, withdrawal from school,
incompletion of a course, repeating a course and failing a course.
Withdrawal from a Course
A student may add or drop a course(s) during the first week of class. After the first week, if the student attends a
class, the student will be enrolled in that course for the entire term of the course. Should a student Withdraw
from a course before the midterm, the student will receive a "W" for that course. The "W" will remain on the
students permanent record. Should a student withdraw from a course after the midterm, a grade of WF will be
received. The students graduation date will be extended under these circumstances. Failure to attend a seminar
after registering for the seminar will result in a WF.
Incompletion of a Course
A student will receive an "I" in a course with the approval of the Admission & Education Team Supervisor or the
President, after consultation with the instructor. The work required to complete the course must be completed
during the next three weeks or the student will receive an "F" for the course.
Repeating a Course
A student may elect to repeat a course at his own expense to improve a grade, which will be averaged into the
student's cumulative grade point average (GPA). The first grade will not be averaged into the GPA; however, no
grades will be deleted from the student's transcript. The second grade will be shown as a repeat on the student's
transcript. All courses must be repeated prior to graduation dates.
Failing a Course
A student who receives a grade of "F" in any course must repeat the course or complete another course in the
rotation of courses offered to be eligible for graduation in the chosen curriculum. The repeat or new course will
be averaged in the student's cumulative GPA; however, the "F" will not be deleted from the transcript.
A minimum grade of "D" or better is required to pass all courses in all programs; however, a student may repeat a
course until it is satisfactorily completed. A student may substitute a course upon approval, in writing, by the
Administration. The students graduation date will be extended under these circumstances. NON-CREDIT
remedial courses are not offered.
Make-up Policy: Make-ups may be allowed at the discretion of the instructor Make-ups may be allowed if the
student misses a quiz or test due to unavoidable circumstances, such as his/her own illness or serious illness ordeath of a family member or close friend. The student must contact the teacher about taking a make-up within 3
calendar days of the missed assignment. The teacher may require written documentation of the circumstances
and reserves the right to investigate the truth of the claim or deny the student the right to take a make-up. Make-
ups work is totally at the discretion of the instructor.
Academic Honesty: The school places a high premium on academic honesty. The students may certainly study
together, exchange notes, consult books in the library, etc. When students enter the classroom to take a quiz or
test, they must place all notes and books out of sight. The students must avoid even the appearance of
impropriety. The teacher may ask the student to certify honesty by writing on each quiz or test paper that "I have
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neither given nor received aid during this test (quiz, examination)" and by signing the statement.
Enrichment Activities: The instructor should inform the class the first day the way he/she plans to present the
course. Basics are given in the following pages, but specific dates and requirements are under the instructors
discretion. The dates of reading assignments, quizzes, and exams are subject to change. All changes will be
announced in class by the teacher.Keep an assignment calendar to keep up with your assignments and
preparation requirements for all courses!
Location of Class: Most classes are conducted at the main campus or auxiliary lecture sites. However, teachers
are encouraged to take students to law offices, courtrooms, large law libraries, and other community locations
where paralegals may learn how the legal community functions. Students are responsible for obtaining
instruction and information missed during absences.
Time Allotment: See Catalog.
Classmates: Students may find it helpful to have the names and phone numbers of two or three classmates in
case the student needs to get notes, find out about announcements, etc.
Name:_____________________ Phone:______________________Name:_____________________ Phone:______________________
Name:_____________________ Phone:______________________
Example Assignment Calendar: Can be a purchased hand-held school calendar, or just a one-subject
notebook with drawn lines!
MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY
Rea d pgs. 309 -315
Ass ignment: Go onto
Lex isNexi s and find LA
coade for lecture topi c.
Lecture tonight on
Lit igation procedure s.
Fini sh ass ignment handout!
Assignment handoutdue TODAY!
No make up today, f inish
reading chapter for next
week.
Meet S ondra at her ho use
to go over LexisNexis
research.
Case Study handou t Lec ture tonight on On-
the-Job application, Case
st udy.
Midterm Exam: Review
before test: br ing
highlighter , pen cil, and
paper
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Course Name: LEGAL RESEARCH AND WRITING FOR THE PARALEGAL
Course Description: The Legal Research phase of this course will provide a comprehensive working knowledge
of the research materials and research tools used in the legal environment and to introduce students to research
strategies and legal analysis. The Legal Writing phase of this course will provide the basic tools and knowledge
to improve writing skills, structure, and style. The students will learn strategy, legal reasoning, and proper form
in legal writing. Given the nature of this course, individualized instruction will be needed to provide each
student the possibility to build upon prior knowledge and excel further in these two fields.
Course Objectives: The specific objectives of this course is to provide an overview of legal research and legal
writing. This course will teach the student how to identify and use primary and secondary sources of law, as well
as encyclopedias and treatises. The student will also have the opportunity to develop skills using computerized
legal research sources. Students will improve their writing style, as well as be introduced to correspondence,
memorandum, and briefing.
Required Books: LEGAL RESEARCH AND WRITING by David J. Smith (Lawyers Cooperative Publishing,
1996),
LEGAL RESEARCH: Chapters 1-9
LEGAL WRITING: Chapters 10-16
Supplemental Materials: applicable website resources and LexisNexis.
Preparatory Assignment For Students:
< Read reference source for next lesson, as indicated by instructor.
< Answer student workbook questions for next class assigned by instructor.
Materials Students Must Bring to Class:
< BRC Student Workbook
< Paper for note taking
< Pencil and/or Pen
< Textbook< LexisNexis printouts as required by instructor
TOPICS AND KEY POINTS TO BE COVERED FOR LEGAL RESEARCH:
I. OVERVIEW OF LEGAL RESEARCH AND WRITING
Chapters 1-2, pages 1-24; Chapter 10, pages 258-276
Legal Research Terms and Definitions selected by teacher for first class
Overview of Legal Research and Writing
Starting Points
Analyzing a Legal Problem
A Research PlanLegal Writing Forms (examples)
Basic writing and Word usage
Legal writing goals
Steps to legal writing
Spelling
II. PRIMARY SOURCES OF LAW CONSTITUTIONAL LAW AND STATUTORY LAW
Chapter 3, pages 25-44
Primary Sources of Law
Constitutional Law
Statutory Law
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III. PRIMARY SOURCES OF LAW REGULATORY LAW AND CASE LAW
Chapter 3, pages 44-68
Primary Sources of Law
Regulatory Law
Case Law
Other Sources of Law
IV. SECONDARY SOURCES OF LAW Chapter 5, pages 113-149
Encyclopedias
Law Outlines
Textbooks
Restatements
Uniform Laws and Model Acts
Periodicals
Looseleaf Services
Dictionaries, Thesauri, and Related Resources
Attorney General Opinions
V. PRIMARY LAW FINDERS AND VERIFICATION Chapter 4, pages 69-112Finding Tools and Verification
American Law Reports
Digests
Shepards Citator
VI. CITATIONS Chapter 7, pages 170-185
Goals of Effective Citation
Citations Manuals
Citing Constitutions and Statutes
Citing Administrative Regulations
Citing Cases
Public Domain Citation [Louisiana]Citing Secondary Sources
Short Citation
Citation Signals
Unwritten Signals
VII. RESEARCH AND COMPUTERS Chapter 6, pages 150-169
Computer-Assisted Research
VIII. BASIC LEGAL ANALYSIS Chapter 8, pages 202-230
Analysis of Case Law
Analysis of Statutory Law
Analysis of OrdinancesAnalysis of Administrative Law
Analysis of Constitutional Law
IRAC Method of Analysis
IX. STRATEGIES FOR RESEARCH Chapter 9, pages 231-254
Taking Effective Notes
Application of the Research Plan
Verification of Authority
Ending Your Research
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Question List: Your instructor may choose from this list of questions to assess your learning, as well as
create their own assignments for you to complete. Make sure your instructor reviews these questions with
the class.
OVERVIEW OF LEGAL RESEARCH AND WRITING
1. What is the three-step plan for conducting legal research?
2. Define generally primary sources of law, secondary sources of law, and primary law finders.
3. Select the correct spelling:
A. Nigligince Negligence
B. Specific Performance Spacific Performance
C. Parallel Citation Parallal Citetiond. Sheperdizing Shepardizing
e. Treatise Treatese
f. Judgement Judgment
g. Probable cause Probably cause
h. Bankroptcy Bankruptcy
i. Codocil Codofil
j. Corpration Corporation
4. Select the correct word:
A. The debtor has refused to pay the (principle, principal) account of the debt.
B. The jury was greatly (affected, effected) by the victims testimony.
C. The accountant will (apprise, appraise) the value of the estate.
D. The judge agreed to (accept, except) the defendants plea of guilty.
E. The (illusion, allusion) the attorney made to the plaintiffs reputation was reprehensible.
F. Most legal professionals are scrupulous about maintaining their (colanders, calendars)
G. On appeal, the defendant argued his trial (counsel, council) was inadequate.
H. The plaintiffs brief was significantly longer (than, then) that of the defendant.
I. The partnership was entered into (among, between) Peter, Andrew, and Susan.
J. Failure to promptly assert a claim may result in a (waver, waiver).
K. This file has been (lying, laying) on your desk for more than a week.
L. The jury had a great deal of difficulty in appointing (its, its) foreman.
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M. The transcript of the deposition was given to Lauren and (myself, me) to index.
N. Each of the defendants (have, has) separate counsel.
O. The jury (is, are) deliberating the guilt of the defendant.
P. Many of the exhibits submitted to the court (include, includes) errors.
Q. (We, Us) legal assistants are a hearty breed.
R. The bankruptcy committee of creditors (have, has) appointed a chairperson.
S. The court has issued (its, their) decision which reversed the lower courts ruling
T. (Whos, Whose) counsel will be making the closing argument tomorrow?
U. The client clearly informed Mr. Andrews and (I, me) that she was unavailable for a deposition until
September.
V. (Among, Between) the three of us, we should be able to think of one good idea.
W. My knees hurt too (bad, badly) to play tennis every week.
X. Each of the female bailiffs received (their, her) own instruction manual.
Y. Neither the teacher nor the children (was, were) ready to leave the playground.
Z. None of the computers (are, is) working today.
AA. There were (fewer, less) applicants for scholarships this year than ever before.
BB. An association should screen (their, its) membership applicants.
CC. To (ensure, insure) success, we must set goals for ourselves.
DD. All in the group (was, were) prepared for the examination.
5. Define legalese.
6. Define terms of art and provide three (3) examples.
7. What is the goal of legal writing?
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8. Briefly explain the three step approach to legal writing.
9. Provide some examples of audience characteristics that should be considered when writing.
10. Why should a paralegal utilize an outline when writing?
11. Define confirmatory letter.
12. Differentiate between an informational letter and an advisory letter.
PRIMARY SOURCES OF LAW CONSTITUTIONAL LAW AND STATUTORY LAW
1. T F Popular name tables available in the U.S.C. give a list of popular names for statutes andtheir citations.
2. T F The official source for federal treaties is United States Treaties and Other International
Agreements.
3. T F Ordinances and executive orders are examples of secondary sources of law.
4. T F Statutory law is a primary source of law passed by the legislative branch.
5. T F In conducting legal research, it is necessary to check pocket parts in those books updated
by pocket parts.
6. T F Common law is used to interpret statutes.
7. T F The legislature cannot change a common law principle even if it passes a statute which
conflicts with the prior common law principle.
8. T F The executive branch of government has a great deal to do with the laws passed by the
legislative branch: the executive branch has the job of enforcing laws and the head of the
executive branch may try to veto a newly passed law.
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9. To read statutory law you would look at:
A. Slip opinions
B. Codes and annotated codes
C. Session laws
D. B and C
E. A, B, and C
10. To read common law you would look at:
A. Reporters
B. Slip opinions and advance sheets
C. Codes
D. A and B
E. A, B, and C
11. The following are primary sources:
A. Constitutions and statutes
B. Court rules
C. Cases and regulations
D. A and CE. A, B, and C
12. To read statutes passed by the United States Congress you would look in:
A. C.J.S.
B. U.S.C., U.S.C.A. and U.S.C.S.
C. United States Law Week
D. A, B, and C
E. A and B
13. T F Executive orders are statutory law.
14. T F Finding legal remedies is the essence of legal research.
15. T F The United States Code contains all federal statutory law enacted by Congress.
16. T F Federal statutes are arranged topically in the Statutes at Large.
17. T F Statutes are published as slip laws before they are published as session laws.
18. T F Statutes are published as session laws at the close of each legislative term.
PRIMARY SOURCES OF LAW REGULATORY LAW AND CASE LAW
1. T F Many attorneys and law libraries do not subscribe to slip opinions because of their expense and difficulty in organization.
2. T F A dissenting opinion is written by one or more judges who feel that the correct decision
was reached, but do not agree with the reasoning behind the majority opinion.
3. T F Supreme Court decisions can be found in the Federal Reporter.
4. T F Common law is a primary source of law developed through court opinions.
5. T F All proposed federal rules and regulations must be published in the Code of Federal
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Regulations.
6. T F A majority opinion controls (is binding on) later decisions by the same court and lower
courts.
7. T F A concurring opinion is the explicit disagreement of one or more judges in the result
reached by the majority.
8. T F A per curiam opinion is an opinion written by the court rather than by one particular
judge.
9. T F A three-judge panel makes an en banc decision.
10. T F En banc decisions are usually reserved for important cases.
11. T F Rules of court are rules promulgated by the court, governing procedure or practice
before it.
12. T F The power of courts to review decisions of another department or level of government iscalled home rule.
13. To read United States Supreme Court opinions you would look in:
A. United States Code
B. United States Reports and United States Supreme Court Reports, Lawyers Edition
C. Supreme Court Reporter and United States Law Week
D. B and C
E. A, B, and C
14. To read opinions of the United States Circuit Courts of Appeal you would look in:
A. Unites States Law Week
B. Federal Reporter
C. Federal SupplementD. A, B, and C
E. B and C
15. The doctrine of stare decisis:
A. Applies to future cases decided by a lower court
B. Applies where facts are substantially the same
C. Applies to future case decided by the same court
D A, B, and C.
E. B and C
16. United States Code Congressional and Administrative News (USCCAN) is a source of what?
1. State legislative history
2. Local government news
3. Federal legislative history
4. State statutory law
17. Appellate review in the United States Supreme Court is permitted by granting a write of
1. Mandamus
2. Certiorari
3. Replevin
4. Summons
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18. A docket number in a case opinion is a (n)
1. Part of the case citation
2. Internal number used by the court
3. Number developed by the National Reporter System
4. None of the above
SECONDARY SOURCES OF LAW
1. T F Secondary sources of law are considered persuasive authority.
2. T F Corpus Juris Secundum is a legal encyclopedia.
3. T F A treatise provides an overview, analysis, or summary of a particu lar type of law.
4. T F Treatises are not a primary source of law.
5. T F Loose-leaf services contain information in binders that is replaced periodically to add
new cases, statues, or administrative rules and regulations.
6. T F Formbooks contain standard language that can same time in drafting legal documents.
7. T F The U.S. Attorney General decisions are advisory in nature and do not have binding
authority, but they are given considerable weight by the courts in interpreting statutes
and regulations.
8. The following are secondary sources:
A. Legal encyclopedias
B. Legal periodicals and law review articles
C. Treatises
D. A, B, and C
E. A and B
PRIMARY LAW FINDERS AND VERIFICATION
1. T F Finding tools are not sources of law; instead, they are the means to find primary and
secondary sources of law.
2. T F Digests are finding tools.
3. T F Volumes containing summaries of cases organized by legal topics, subject areas, etc.
are called digests.
4. The following are generally used only to find primary sources:A. American Law Reports annotations
B. Digests
C. Legal encyclopedias
D. A, B, and C
E. A and B
5. T F Digests contain short summaries of legal principles from court opinions, with the
summaries being arranged strictly chronologically.
6. Head notes from cases are reprinted in:
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A. Legal encyclopedias
B. Digests
C. Law review articles
D. American Law Reports
7. T F Digests are compilations of case law for a particular reporter or a particular group of
reporters.
8. T F The American Digest System indexes and classifies all case law, both state and federal.
9. T F The American Digest System is sometimes called the Decennial Digest and uses the
key number system.
10. T F Shepardizing is the process of looking up the citation of a case or statute to determine
its history.
11. T F To update the status of a particular case, one would use Shepards Citations.
12. List the steps in Shepardizing a case:
14. What is the abbreviation for a case that has been overruled?
15. T F West Publishing Company publishes the Shepards Citator.
16. What is the difference between the treatment of the case and the history of the case?
17. T F Within the Shepards Citator volumes, the citations appearing in parentheses indicate
other cases which have been overruled the case being researched.
18. T F Indexing is the accepted process for checking the status of specific cases, while
Shepardizing is used for checking the status of statutes.
CITATIONS
1. T F Cite checking involves reviewing administrative rulings to see if they comply with
federal statutes.
2. T F Proper citation enables the reader to quickly and accurately find the location or
multiple locations of a particular authority.
3. T F TheBluebookis a standard manual used for citation.
4. What is the primary purpose of legal citation?
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5. Unscramble the following and/or cite them in the proper manner.
A. United States Code Annotated, Section 2254, Antiterrorism and Effective Death Penalty Act,
Title 28.
B. United States Constitution, Article 1, Section 3
C. Louisiana Revised Statute Annotated, Title 44, Section 3
D. Code of Criminal Procedure Article 894.1
E. Constitution, art. II, U.S. 1.
F. U.S.C.S., 1, (Law. Co-op. 1978), 16.
G. 34 Conn. App. 866, Squeglia v. Squeglia, 644 A.2d 378 (1994).
1. What is the purpose of a system of public domain citation?
2. Unscramble the following and/or cite them in the proper manner.
1. Louisiana Supreme Court, 1982, vol. 419, Southern Reporter 2nd Series, page 951,State
versus Quimby.
2. vol. 524, Southern Reporter 2nd Series, Louisiana Third Circuit Court of Appeal, page 803,
1988, Succession of Payne, Supreme Court of Louisiana 1988, page 1044, vol. 525,
Southern Reporter 2nd Series, writ denied.
3. vol. 633, March 11, 1994, Clarkson - defendant, page 918, Louisiana First Circuit Court of
Appeal, docket number 93-0657, Plaintiff =Penton, Southern Reporter 2nd Series, at page
921.
4. vol. 391, United States Reporter, p. 510, Witherspoon v. Illinois, p. 776 Lawyers Edition 2nd
Series vol. 20, 88 S.Ct. 1770 1968.
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5. Plaintiff Karla Faye Tucker, Vol. 115, Docket number 97-20101, Page 276, Gary L. Johnson,
Director, Texas Department of Criminal Justice, Institutional Division, Federal Reporter, June
3, 1997, Third Series
RESEARCH AND COMPUTERS
1. T F The official court reports can be found on both LEXIS and WESTLAW.
2. What is the name for the typical type of search conducted on a computerized database?
3. T F A root expander is a character that allows the computer to search for all words having
the same common root.
4. T F A connector is a word that is used to connect various cases in a string citation.
5. What is one disadvantage to conducting legal research on a computer?
6. T F The Internet cannot be used for legal research.
7. T F Natural language cannot be used to search computer databases.
BASIC LEGAL ANALYSIS
1. T F Mandatory authority is a case in different state courts with similar facts and applicable
codes of law.
2. T F A dissenting opinion is only persuasive authority.
3. T F A concurring opinion is mandatory authority.
4. T F Questions of fact and issues of law are decided at the trial level.
5. An opinion of the United States Supreme Court would be mandatory authority for:
A. The state supreme court
B. The Circuit Courts of Appeals
C. The state appeals courts
D. A, B, and C
5. A and C
6. The holding of a case is:
A. The legal question considered by the appellate court.
B. The rule of law and the significant or material facts necessary for reaching it.
C. The reasoning of the court.
D. Obiter dictum.
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7. The issue of a case is:
A. The legal question considered by the court.
B. The rule of law and the significant or material facts necessary for reaching it.
C. The reasoning of the court.
D. Obiter dictum.
8. Define legal analysis.
9. What is meant when a case is said to be on all fours with the case at bar?
10. What does the acronym IRAC stand for?
11. Describe the criteria for mandatory authority.
STRATEGIES FOR RESEARCH
1. T F Due to the limitations of memory, it is necessary to develop adequate methods of note
taking.
2. What are the three steps of an effective research plan?
3. TAPP is a acronym which stands for:
4. TARP is a acronym which stands for:
5. T F Shepards Citator is the most common method of verifying legal authority.
6. T F It is not necessary to verify legal authority until all research is completed.
7. T F It is usually very clear when you should end legal research on a particular subject.
8. The ultimate goal of legal research is .
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TOPICS AND KEY POINTS TO BE COVERED FOR LEGAL WRITING:
I. LEGAL WRITING MECHANICS AND STYLE Chapter 11, pgs 277-319
Word Choice
Punctuation
Sentence Structure
Paragraph Formation
Effective Legal Style
Logical Development
IRAC Method
Importance of Outlining
Strongest Argument First
Editing Considerations
II. CORRESPONDENCE Chapter 12, pgs 320-357
Correspondence formats
Types of correspondences
Freedom of Information Act
III. OFFICE MEMORANDA Chapter 13, pgs 358-381
The client interview memoranda
Research memoranda
IV. INSTRUMENTS (you may choose notto cover) Chapter 14, pgs 382-433
Quitclaim deed Louisiana living wills
Special warranty deed Prerequisite for the sale of land
Warranty deed Provisions of a real estate contract
Cloud on the title Writing Corporation Documents
Valid and Invalid will Resident agent
Legatee Legal form books
A devisee Boilerplate languageResiduary clause
The purpose of a living will
V. PLEADINGS, MOTIONS, AND DISCOVERY Chapter 15, pgs 434-481
Complaints Motion for Summary Judgement
Answer Additional Motions
Request for Default Summons
Counterclaim Subpoena
Cross-Claim Proof of Service
Third-Party Complaint Interrogatories
Preliminary Motions Deposition
Discovery Enforcement Motions Forms, Models, and Checklists
VI. LITIGATION MEMORANDA AND APPELLANT BRIEFS Chapter 16, pgs 482-500
Litigation Memorandum
Purposes
Guidelines
Applications
Format and Contents
Appellate Brief
Purposes and Applications
Guidelines
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Format and Contents
Question List: Your instructor may choose from this list of questions to assess your learning, as well as
create their own assignments for you to complete. Make sure your instructor reviews these questions
with the class.
LEGAL WRITING MECHANICS AND STYLE
1. refers to the basics of writing: word choice, punctuation, sentence structure, and
paragraph formation.
2. is the diction and tone that reveal the expository nature of legal writing,
differentiating it from other forms of prose.
3. Why is word choice critical in legal writing?
4. True or False. The use of abbreviations and contractions in legal documents is acceptable as a meansof using plain English as opposed to legalese.
5. True or False. The advent of the word processor has simplified the proofing process by supplying a
foolproof spell checker.
6. True or False. The overall purpose of the comma is to reduce confusion by separating distinct concepts
within a sentence.
7. When used with quotation marks, commas are placed the marks.
8. True or False. A topic sentence at the beginning of a paragraph provides the reader with an overview
of the substance of the paragraph.
Correct the following sentences.
1. 75 women were involved in the class action suit.
2. The plaintiff stated that he could not back down.
3. After reading the contract Mary Higgins signed the paper.
4. The paralegal, that finishes the research first will receive a bonus.
5. Johnny stated, I witnessed the accident; the others claimed they did not see it.
6. Mr. Thomas wrote the first book on March 2 1972 in Cadillac, Michigan.
7. The paralegal found four things wrong with the deed it did not name the parties, it did not state the
price, it was not specific, and it was not on the proper form.
8. Myra was an efficient typist; she was also good at shorthand.
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9. Mr. Williams had the qualities: honesty integrity and patience.
10. The flood in MS made the citizens of New Orleans evacuate.
11. That is the preferred sentence structure? Why?
12. Define passive voice and provide an example. Why is active voice preferred over passive voice?
13. The stress position or focal point of a sentence is generally most effective
.
14. The key to writing convincingly is
15. Briefly discuss the IRAC method of logical development.
16. The most coherent method of presenting facts is in a chronological fashion because
17. True or False. The best way to proofread for spelling and citation is by reading the document
backward.
18. True or False. With memoranda and advisory letters, the body contains the legal analysis.
19. True or False. In legal writing to a client, you should be ambiguous as possible; sounding important
commands respect.
CORRESPONDENCE
1. Two factors have affected the quality and purposes of legal correspondence. Briefly discuss.
2. What are the characteristics of the modified semi-block format? How does the block format differ?
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3. Does Louisiana allow for the listing of paralegals on firm letterhead?
4. is the delivery of a summons, writ, complaint, or other process to the opposite party,
or other person entitled to receive it, in such manner as the law prescribes, whether by leaving a copy at
his or her residence, by mailing a copy to him or her or his or her attorney, or by publication. What is
the rule in Louisiana for mailing?
5. Define cover letter.
6. True or False. A cover letter can be drafted and signed by a paralegal. Why or why not?
7. Define demand letter including the necessary elements.
8. What is the purpose of the Freedom of Information Act and are there any exceptions?
9. True or False. Paralegals may draft and sign advisory letters.
10. True or False. In an opinion letter, an attorney provides an opinion as to the value and basis of a claim.
11. True or False. Sending a letter by certified mail is often required by court rule, as in the case of service
of process.
12. True or False. The word sincerely alone is not appropriate in legal writing; sincerely yours is more
appropriate.
13. True or False. A settlement letter is one where an opinion is given to the client that attempts to keep the
matter out of court.
OFFICE MEMORANDA
1. Paralegals are oftentimes utilized in an initial client interview, with or without the presence of an
attorney. Why are paralegals effective in this capacity? Are there any limitations to the scope of the
interview if an attorney is not present?
2. Briefly explain the four parts of an interview memorandum.
3. Why would an interviewers impressions or observations be so important in a field interview?
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10. What is the purpose of a living will? Does Louisiana provide for living wills in its statutes?
11. A prerequisite for the sale of land is a .
12. List the most important provisions of a real estate contract.
13. When a corporation if formed, three different documents are typically prepared:
14. What is a resident agent?
15.. Name some examples of legal form books.
16. Define boilerplate language. What are some of the disadvantages of using boilerplates?
17. True or False. When a marriage ends, parties often sign an instrument known as a separation
agreement.
18. True or False. Typically prepared instruments for businesses include articles of incorporation,
meeting minutes, and bylaws.
19. True or False. Ambiguous language is standard and appears on every legal instrument.
PLEADINGS, MOTIONS, AND DISCOVERY
1. A caption includes:
2. The complaint, answer, counterclaim, cross-claim, and third-party complaint collectively are referred toas .
3. Define affirmative defense and provide examples.
4. What is a default judgment and when is it entered?
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5. Define counterclaim. How does this differ from a cross-claim?
6. True or False. Litigation documents, those prepared for court, are written in plain English with no
legalese or terms of art used.
7. True or False. Attorneys and paralegals should be careful to not violate the rules of variance.
8. True or False. An answer responds to each allegation that is raised in the complaint.
9. What matters do preliminary motions address?
10. Define summary judgment.
11. Differentiate between a summons and a subpoena.
12. List the five discovery tools available to an attorney.
13. True or False. Discovery is limitless: When an individual files suit, his life becomes an open book.
14. What is the importance of requests for admissions?
15. True or False. A counterclaim is a second complaint brought against the defendant by the plaintiff.
16. True or False. In a bench trial, the judge interprets the facts and determines the applicable legalprinciples without help of a jury.
LITIGATION MEMORANDA AND APPELLANT BRIEFS
1. To support a motions factual and legal arguments with primary law, an attorney would prepare a
, sometimes referred to as a .
2. The overall purpose of litigation memoranda is
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3. List the contents of a litigation memorandum.
4. What is the purpose of the argument section?
5. True or False. A notice of appeal informs the opposing party of the appeal.
6. An appeals court will rarely reconsider the facts as decided by the fact-finder. What is considered
reviewable by the higher court? Provide examples.
7. List the items contained in an appellate brief.
8. Identify the parties involved in an appeal.
9. Define amicus curiae brief.
10. True or False. A litigation memorandum presents the legal arguments and supporting authority for a
partys position.
11. True or False. The appendix is a collection of documents from the trial court that are relevant for the
appeal as part of the record.
FINAL EXAMINATION (last day/last hours of course) Date of Final: / /
Student preparation checklist:
9 Take notes during Final Exam Review:
9 Use the assignments given throughout the course as your study-aids.
9 Make sure you know what the test will consist of and how it will be administered.
9 Relax! If you know the material and understand the structure of the exam, you should do fine! If
you have questions, dont be afraid to ask your instructor!