Instructor’s Manual

to accompany

THE LEGAL RESEARCH
AND WRITING HANDBOOK: 
A Basic Approach for Paralegals

and

THE LEGAL RESEARCH
AND WRITING WORKBOOK
Fifth Edition

Andrea B. Yelin
Hope Viner Samborn

Table of Contents

Introduction		
Sample Syllabi		
Suggested Teaching Methods and Approaches			
Chapter 1.	The Legal System	
Chapter 2.	What Law Governs	
Chapter 3.	Court Decisions	
Chapter 4.	Digests	
Chapter 5.	Shepardizing	
Chapter 6.	Secondary Sources	
Chapter 7.	Constitutions and Statutes	
Chapter 8.	Legislative History	
Chapter 9.	Administrative Materials and Looseleaf Services	
Chapter 10.	Computerized Legal Research	
Chapter 11.	Practice Rules	
Chapter 12.	Overview of Ethical Rules	
Chapter 13.	Practitioner's Materials	
Chapter 14.	Research Strategy	
Chapter 15.	Getting Ready to Write	
Chapter 16.	Editing	
Chapter 17.	Writing Basics	
Chapter 18.	Briefing Cases	
Chapter 19.	The Legal Memorandum	
Chapter 20.	Questions Presented and Conclusions  or Brief Answers	
Chapter 21.	Facts	
Chapter 22.	Synthesizing Cases and Authorities		
Chapter 23.	The IRAC Method	
Chapter 24.	Outlining and Organizing a Memorandum	
Chapter 25.	Letter Writing 	
Appendix B.	Citation	

Answers to Workbook Exercises					
Appendices
	Additional Sample Exercises	
	Sample Examinations	

Introduction

To assist you in using the Legal Research and Writing Handbook: A Basic Approach for Paralegals, we are providing a teacher’s manual that contains suggested syllabi, in-class exercises, and teaching methods. However, you can use many different teaching methods and approaches to successfully teach research and writing. 

Although we believe that the organization of the text chapters works well, we realize that some of you might prefer to arrange the topics differently. This manual also contains alternative suggestions to our teaching style and topical organization, including sample syllabi.

To accommodate some of these different approaches, we have included alternative syllabi. We have tried to incorporate many suggestions from our reviewers and other instructors whose styles may differ from our teaching styles. We welcome your suggestions as well. Please feel free to write us with your suggestions at the following address:

We realize that many of you have limited libraries; therefore, we have tried to accommodate your need for many illustrations.  We have tried to suggest in-class exercises that can be done using the illustrations contained in this text.  We hope  this book provides you with resources that are helpful to you and your students.

Approach

Our approach is to provide students with hands-on experience and guide them through the resources and techniques step by step. The text readings also include information about citation that should be discussed.  It is essential that students work with the materials both in and out of the classroom. The exercises in the text and those contained in our workbook should provide an ample selection of hands-on assignments for your students. Some exercises will need to be altered to fit your library resources, your state’s specific requirements, and your expectations for your students. Again, please feel free to write us with your comments and suggestions.

Andrea B. Yelin & Hope Viner Samborn
c/o	Aspen Law and Business Publishers
Attn:  Paralegal Sales Associate
1185 Avenue of the Americas
37th Floor
New York, NY  10036	
Sample Syllabi
Syllabi for a 15-week Semester Course in Legal Research
(Alternative #1)

REQUIRED TEXTS:

Andrea B. Yelin and Hope Viner Samborn, Legal Research and Writing Handbook: A Basic Approach for Paralegals.

Bluebook: A Uniform System of Citation

ALWD

ASSIGNMENTS: 

Each week you will have both reading and research assignments. The average assignment is about one chapter each week. You may use your school law library or any other law library available to you to complete the assignments. Please read before class the text chapters indicated.

FINAL EXAM: 

The final exam will be a combination of a take-home and in-class examination. It will cover the use of the library, your research skills, and correct citation format.

Class 1, Text Chapters 1 and 2
Introduction to Legal Research: Role of paralegals in legal research, overview of the legal system, primary and secondary authorities, the research process, the tools, and the sources. 

Class 2, Text Appendix and Workbook, Bluebook, ALWD and Chapter 3
Case citation, official and unofficial reports, slip opinions, advance sheets, reporters. Bring your Bluebook to class. 

Class 3, Text Chapters 3 and 4
State and the Federal Reporter, Federal Supplement, parallel citations, Supreme Court Reporter,  U.S. Reports, Lawyers Edition, specialized reporters. Begin Digests, key numbers, headnotes and case name tables.

Class 4, Text Chapters 3, 4 and 5
Continued discussion of digests. Cite checking in hardcopy materials and on the computer systems.

Class 5, Text Chapter 5 and  Chapter 19
Review of cite checking materials and assignment. Case briefing discussion. Read and brief a case in class.

Class 6, Text Chapter 6
Discuss secondary authorities: dictionaries, thesaurus, encyclopedias, treatises, the restatements, A.L.R.s, Words and Phrases and legal periodicals and their indexes. 

Class 7, Text Chapter 7	
Constitutions, bills, statutes, official and annotated codes. Updating and
validating statutes.
	
Class 8, Text Chapters 7 and 8
Review of statutes. Discuss legislative history.

Class 9, Text, Chapter 9
Administrative law, looseleaf services, the Federal Register and the Code of Federal Regulations.

Class 10, Text, Chapter 10
Computerized legal research. WESTLAW, LEXIS and Loislaw

Class 11, Text, Chapter 10 
Computerized legal research. 

Class 12, Text, Chapters 11-13
Practice Rules, ethical rules and practitioners’ materials.
 
Class 13
 Combining computerized research with manual tools. 

Class 14
Review of all materials and research strategy.  Do in-class exercise.

TAKE HOME PORTION OF FINAL EXAM WILL BE DISTRIBUTED.

Class 15
Final In-class Exam 

Syllabi for a 15-week Semester Course in Legal Research
(Alternative #2)		

REQUIRED TEXTS:
Andrea B. Yelin and Hope Viner Samborn, Legal Research and Writing Handbook: A Basic Approach for Paralegals  and workbook.
Bluebook: A Uniform System of Citation

ALWD

ASSIGNMENTS: Each week you will have both reading and research assignments. The average assignment is about one chapter each week. You may use the Loyola Law School Law Library or any other law library available to you to complete the assignments. Please read the text  chapters indicated before class.

FINAL EXAM: The final exam will be a combination of a take-home and in-class examination. It will cover the use of the library, your research skills and correct citation format.

GRADING: Grading: The class will include lectures and discussions. You are expected to attend all classes. Your grade will be based on the following criteria:

Quizzes 5 %
Assignments 20%
Class participation  5%
Midterm Exam 30 %
Final Exam 40%

	Failure to do an assignment will result in a 0. Each assignment will be worth 100 points.  Failure to attend class and to contact the institute about your absence will result in a deduction in your final grade.  The grade for any  assignments turned in late will be reduced by a minimum of 5 points.  Except with prior instructor approval granted only in extraordinary circumstances, no late assignments will be accepted within a week before the final.
	It is your responsibility to call the institute when you miss a class and to determine whether you missed any quizzes or assignments. Any missed quizzes will be available in the institute office. They may be taken only during normal office hours. 

Number scores will be converted to letter grades in accordance with the Institute scale. (Half scores will not be rounded up.)

A 	96-100	C	75-79
B+	90-95		D	71-74
B	85-89		F	 < 70
C+ 	84-80

Reading assignments are listed next to the class number. Assignments should be completed before the lecture. Supplemental reading assignments will be required from time to time. Written assignments will be required as needed. Exams and quizzes will test your knowledge of both the text and lecture materials. Lectures extensively supplement the text materials. You will be responsible for all material covered during the lectures. You may tape the lectures. However, you must provide the tape and tape recording device. The instructor will not be responsible for taping missed classes for students.

Class 1, Text, Chapters 1 and 2
	Introduction to Legal Research: Role of paralegals in legal research, overview of the legal system, primary and secondary authorities, the research process, the tools, and the sources. 

Class 2, Text, Appendix and Workbook, Bluebook and Chapter 3
	Case citation, official and unofficial reports, slip opinions, advance sheets, reporters. Bring your Bluebook to class. 

Class 3, Text, Chapters 3 and 4
	State and the Federal Reporter, Federal Supplement, parallel citations, Supreme Court Reporter,  U.S. Reports, Lawyers Edition, specialized reporters.   Begin Digests, key numbers, headnotes and case name tables.

Class 4, Text, Chapters 4, 5 and 19
	Continued discussion of digests. Cite checking in hardcopy materials and computer systems. Case briefing. Read and brief a case in class.

Class 5, Text, Chapters 5, 19 and 6 
	Review of cite checking materials and assignment. Case briefing discussion.
	Review case briefing. Discuss secondary authorities: dictionaries, thesauri, encyclopedias, treatises, the restatements, A.L.R.s, Words and Phrases and legal periodicals and their indexes. 

Class 6
	Review of materials to date and how they are used together.
	Continued discussion of secondary authorities. Review for Midterm.

Class 7
	Midterm

Class 8 Chapter 7	
	Constitutions, bills, statutes, official and annotated codes. Updating and validating statutes.

Class 9, Text, Chapters 7, 8 and 9
	Review of statutes. Discuss legislative history. Begin discussion of Administrative law, looseleaf services, and the Federal Register 	and the Code of Federal Regulations.

Class 10, Text, Chapters 9 and 12-14
	Discussion of Administrative law continued.  Practice Rules, ethics rules and practitioners’ materials.

Class 11, Text, Chapter 10
	Computerized legal research. Westlaw, Lexis and Loislaw.  Supplemental Westlaw books.

Class 12, Text, Chapter 10
	Computerized legal research. Supplemental Lexis books and materials.

Class 13,
	Combining computerized research and manual tools.
     
Class 14 
	 Review of  all materials and research strategy. Review for final. TAKE HOME PORTION OF FINAL EXAM WILL BE DISTRIBUTED.

Class 15
	Final Exam 		

Syllabi for a 15-week Semester Course in Legal Writing 
This syllabus incorporates new writing chapters. One explains the process of writing step by step. The second new chapter, editing, explains to students how to refine their work.

REQUIRED TEXTS: 

Andrea B. Yelin and Hope VINER Samborn, Legal Research and Writing Handbook: A Basic Approach for Paralegals .

The Bluebook: A Uniform System of Citation

ALWD
	
ASSIGNMENTS:

Reading and writing assignments will be assigned each week. Points may be subtracted when assignments are turned in late.

FINAL EXAM: 

A take-home exam (40 percent) and an in-class exam (10 percent).

Class 1, Text Chapters 1-2, 18
Introduction to Legal Writing
Review of the Legal System and Research Techniques and Resources
Assignment: Case Briefs		

Class 2, Text Appendix A and Workbook 
Legal Citation		
In-Class Citation Exercise
Assignments: Citation Exercise 

Class 3, Text Chapters   19-21
Overview of Legal Memoranda and Drafting Facts Statement
purpose, identification of significant facts, organization
Short Answer or Conclusions and Issues
Due: Case Briefs. Review Case Briefs
Assignment: Case Briefs and Facts, Issues and Conclusions I, and Citation Exercises

Class 4, Text Chapters 20-21
Review Facts, Issues, and Conclusions
Due: Facts I and case briefs
Assignment: Facts I rewrite

Class 5, Text Chapters 22-23
Discussion and Analysis of Legal Problems in Written Memoranda
organization, synthesis, application of law to facts, conclusion, IRAC
Due: Facts I rewrite, case briefs
Assignment: Facts 2 burglary, issues and conclusion

Class 6, Text Chapters 24 and Review of Other Chapters
Outlining and Organization
Due: Facts 2 and issues and conclusion
Assignment: Closed Memo Outline and Burglary Discussion

Class 7, All Writing Chapters
Synthesis and Review of Facts II
Due: Burglary Discussion and Closed Memo Outline
Assignment: Closed Memo 1st Draft and Burglary Facts 2 Rewrite

Class 8	
Discuss Facts II, burglary discussions and outlines, synthesis
Due: Burglary Facts 2 rewrite
Assignment: Burglary Discussion Rewrite and 1st Draft Closed Memo

Class 9
Synthesis, Organization, Outlining
Due: Closed Memo 1st Draft and Burglary Discussion Rewrite
Assignment: Final Memo (Outline due at class 10)

Class 10 
Review Closed Memos and Burglary Discussion Rewrites	
Due: Outline for Final Memo
Assignment: Rewrite Closed Memo

Class 11 Chapters 24 and 25
Discuss Outlines, Organization and letter writing
Due: Closed Memo Rewrite
Assignment: Final and Letter Writing Exercises

Class 12, Text Chapters 15-17 and Review of Other Chapters
Discuss Closed Memo rewrite. Writing Basics, Grammar, Clarity, Sentence Structure, Paragraphs, Active Voice, grammar writing
Due: 1st Draft Final
Assignment: Final and Grammar Exercises

Class 13
Writing Basics and Review 1st Drafts of Finals
Due: Grammar Exercises
Assignment: Final and Grammar Exercises

Class 14, Text Chapters 25, 15-17
Review of Legal Correspondence and Writing Basics
Due: Final Rewrite
Assignment: Letter Writing Assignment

Class 15  
In-Class Final 
Due: Letter Writing

Syllabi for a 12-week Semester Course in Legal Research

REQUIRED TEXTS:  

Yelin and Samborn: Legal Research and Writing Handbook: A Basic Approach for Paralegals 

Bluebook: A Uniform System of Citation

ALWD

ASSIGNMENTS: 

Each week you will have reading and written research assignments that must be turned in.  You will also have two take-home midterms that must be done independently. 

FINAL EXAM: The exam will be an in-class final during the last session.

Class 1, Text Chapters 1 and 2
The legal system and sources of law.  State law and federal law.  Role of paralegals in legal research.  Overview of legal resources - primary and secondary authorities.  The court system.  The legal process.  Finding tools.

Class 2, Text Chapters 2-4
Primary authority and where to find it.  Cases - state and federal.  Hierarchy of the court system.  Reporters, advance sheets and slip opinions.  Citations and how to read a cite.  Introduction to finding tools for case law - digests, the West key number system and citators.

Class 3, Text Chapters 3 and 4
Continued discussion of digests.  Cite checking in hardcopy materials.  Cases, reported and slip opinions, and how to cite them.  Discussion of uniform citation form, parallel cites and subsequent history.  In class citation exercises.  Research strategy and analysis.

Class 4, Text Chapters 18 and 6
Introduction to case briefing.  In-class briefing exercise.
Introduction to secondary authority.  How to find case law by using finding tools and secondary sources.  Discuss secondary authorities: dictionaries, thesauri, and encyclopedias, A.L.R.s, treatises, hornbooks.

Class 5, Text Chapter 6
Continued discussion of secondary sources.
Secondary authority that is used to find case law and secondary authority that is used to explain the law. Legal periodicals and the appropriate indices.
Restatements.

Class 6, Text Chapter 5
Shepardizing.  Using Shepard's to validate research, to update research, and as a citator.  In-class Shepardizing exercises.

Class 7, Text Chapters 7 and 8
Constitutions, statutes, and legislative materials.
Legislation and the process of enacting a statute.  Session laws and sources of legislative history, compiled (USCCAN and CIS) and uncompiled (Congressional Record).  Citing legislative materials and shepardizing statutes.

Class 8, Text Chapter 9
Administrative materials - federal and state.  Legal significance of administrative materials.  Examples: EPA and IRS.
Discussion of the Federal Register and the CFR as well as state administrative codes.  Updating, verifying, using, and citing administrative materials.

Class 9, Text Chapter 10
Computer assisted legal research.
WESTLAW, LEXIS, LOISLAW and the Internet.  Supplemental WESTLAW materials.

Class 10, Text Chapter 10
Computer assisted legal research.
Supplemental LEXIS materials.  LEXIS News Library - source for factual and news information.

Class 11, Text Chapters 11-13
Practice rules, ethical rules and practitioners' materials.  Combining computerized research with manual tools.  Review of all materials and research strategy.

TAKE HOME PORTION OF FINAL EXAMINATION WILL BE DISTRIBUTED.

Week 12:
Final examination - in class.

Syllabi for a 12-week Semester Course in Legal Writing

REQUIRED TEXTS: 

Andrea B. Yelin and Hope Viner Samborn, Legal Research and Writing Handbook: A Basic Approach for Paralegals 

The Bluebook: A Uniform System of Citation

ALWD
	
ASSIGNMENTS: 

Reading and writing assignments will be assigned each week. 

Class 1, Text Chapters 1, 2, and 18 and Appendix A 
Introduction to Legal Writing
Review of the Legal System and the Courts  
	jurisdiction, precedent, weight of authority, holding and dicta, 	statutes vs. cases
Review of Legal Research Techniques and Resources  
	digests, reporters, secondary sources, looseleafs, computers, Shepard's, and other citators
Legal Citation Techniques
	memoranda vs. briefs, case law, parallel citations, page citations,
	short-form citations, statutes, constitutions, books,
	other authorities, and signals
Begin Case Briefing	
	methods - IRAC and others, use, facts, framing the issues, holding, 	argument, reasoning, and conclusion

Class 2, Text Chapters 18, 14-21
	Case Briefing continued
Beginning to Write and Edit
Overview of Legal Memoranda	
	purpose, audience, and format
Drafting Statement of the Facts
	purpose, identification of significant facts, emphasis and components,
	language, organization, use of facts to support analysis
Drafting Issues
Short Answer or Conclusion
	purpose and format
	
Classes 3-4, Text Chapters 22-24	
Discussion and Analysis of Legal Problems in Written Memoranda
	organization, synthesis of cases, statutes and other authority,
	introduction, application of law to the acts, development of argument,  	conclusion

Classes 5-8, Text Chapters 19-24
Review of Memo components

Class 9, Text Chapter 25
Legal Correspondence
    	requests for information, confirming letters, components of 	correspondence, importance of refraining from providing legal 	opinions

Classes 9-10, Text Chapter 16-17
Begin Writing Basics
	sentence structure, focus, length, complexity, verbs and active 	construction, effective paragraphs, punctuation, legal vocabulary,
	word choice, quotations, Keys: Clarity, brevity, style, precision and 	the importance of revision

Class 11
Writing Basics continued
	
Class 12 
In-Class Final 

Syllabus for a 10-week Course in Legal Writing

The students can have plenty of writing experiences but due to the short time frame the writing assignments must be kept simple and brief.

REQUIRED TEXTS:

Legal Research and Writing Handbook: A Basic Approach for Paralegals by Yelin and Samborn 

The Uniform System of Citation

ALWD

ASSIGNMENTS: 

Each week you will have reading and writing assignments.  The writing assignments will be reviewed in class.  The homework will comprise 15% of your grade.

In addition to homework, you will have to write three memos and each of these memos will be required to be rewritten.  Each memo will be worth 30% of your grade - 15% for the first draft of each memo and 15% for the rewrite.

Class 1, Text Chapter 1-2, 18
Introduction to legal writing
Review of the structure of the legal system and the courts
Review of legal research techniques and resources
Review of shepardizing - manual and online
Briefing cases
Format and components of a brief
In-class briefing exercises

Class 2, Text Chapters Appendix and Chapters 14-18
Legal Citation: Techniques, Memoranda vs. Briefs, Case Law, parallel citations, short cites, page citations, statutes, constitutions, law review articles
In-class citation exercises
The pre-writing process
Objective vs. persuasive writing - in-class exercise
The components of an objective memo

Class 3, Text Chapters 18-23
Briefing continued
Discussion of briefs completed for homework
Discussion of legally significant facts
The mechanics of writing and revising
Methods of writing: IRAC as formula writing
Overview of the objective memo - purpose, audience, and format.
the components of the memo: facts, framing the issues, question presented and conclusion
Drafting the statement of facts - purpose, identification of significant facts, emphasis and components, language, organization
Use of facts to support legal analysis.

Class 4,  Closed Memo due! Text Chapter 18-23
(Second Closed memo assigned due week 7.)
Discussion of synthesis of authorities
Synthesis of case holdings - in-class exercise
Organization of legal discussion using more than one source of authority
Writing mechanic - the sentence and the paragraph
Short answer or conclusion - purpose or format
Case synthesis assignment
Do facts for second memo and frame Question presented and conclusion
Read all cases for second memo and brief them as well as shepardize the authority

Class 5, Work on second memo. 
Discussion of common problems in first memo and hand back graded memos.  Discussion on organization, analysis of legal problems, synthesis of cases, precedent, statutes and secondary authority, weight of authority, introduction, application of law to the facts, development of the discussion, and conclusion.
Writing mechanics - grammar, active v. passive voice, subject - verb agreement.
Rewrite of first memo due week 6!
Draft the outline of the discussion of the second memo for week 6.

Class 6, Rewrite of memo 1 due. 
Questions regarding memo 2
Discussion of memo 2 outline and organization;  Formulating IRAC sequences; In-class IRAC exercises
Discussion of voice and reader expectation.
Writing mechanics - brevity
Handout a composite memo and have the class review, correct and critique
Citation exercises emphasizing short cite format

Class 7, Second Closed Memo due!  
In-class exercises on drafting and rewriting IRAC paragraphs
Writing mechanics - quotations, precision and clarity, word choice
Use of dictionaries and thesauri
Begin discussion of open memo - research strategy
Using statutes in legal writing
Synthesizing statutes and cases - discussion followed by in-class exercise
Find statutes and cases for open memo; brief authorities and shepardize; be prepared to discuss in class for Week 8

Class 8, Return memo 2.  Rewrite due Week 9. 
Discussion of common problems with memo 2
Review authority found for memo 3
Discussion of memo 3 - issue identification, outlining, organization
Draft question presented, conclusion and facts in class
Draft a comprehensive outline of the discussion for week 10

Class 9,  Rewrites of memo 2 due
Legal Correspondence Chapter 26
Open Memo assigned due week 10
Handout a composite memo and have the class review, correct and critique
Review the outline of the Open memo discussion
Questions about the open memo
Getting Ready to write - discussion
Synthesizing authority in the IRAC sequence
Legal correspondence - request for information, confirming letters, components of correspondence, importance of refraining from providing legal opinions
In-class letter writing exercises

Class 10, Open Memo due!
Legal correspondence chapter 25

Syllabus for a One-Semester Course in Legal Research and Legal Writing

REQUIRED TEXTS: 

Andrea B. Yelin and Hope Viner Samborn, Legal Research and Writing Handbook: A Basic Approach for Paralegals 

ALWD

The Bluebook: A Uniform System of Citation
	
ASSIGNMENTS: 

Reading and writing assignments will be assigned each week. 

Class 1, Text Chapters 1 and 2
Introduction to Legal Research: Role of paralegals in legal research, overview of the legal system, primary and secondary authorities, the research process, the tools, and the sources 

Class 2, Text Appendix A and Workbook, Bluebook and Chapter 3 
Case citation, official and unofficial reports, slip opinions, advance sheets, reporters. Bring your Bluebook to class. 
State and the Federal Reporter, Federal Supplement, parallel citations, Supreme Court Reporter,  U.S. Reports, Lawyers Edition, specialized reporters
Begin Digests, key numbers, headnotes, and case name tables

Class 3, Text Chapters 4-5 and 18
Continued discussion of digests; Cite checking in hardcopy materials and on the computer systems; Review of cite checking materials and assignment; Case briefing discussion; Read and brief a case in class

Class 4, Text Chapters 18 and 6
Review case briefing; Discuss secondary authorities: dictionaries, thesaurus, encyclopedias, treatises, the restatements, A.L.R.s, Words and Phrases and legal periodicals and their indexes 

Class 5, Text Chapters 7 and 8
Constitutions, bills, statutes, official and annotated codes; Updating and validating statutes; Discuss legislative history
	
Class 6, Text Chapter 9
Administrative law, looseleaf services, the Federal Register and the Code of Federal Regulations; Distribute Mid-term exam - Due at class 8

Class 7, Text Chapter 10
Computerized legal research: WESTLAW, LEXIS, Loislaw, and the Internet.  Supplemental WESTLAW and LEXIS books

Class 8, Text Chapters 10-14
Continued discussion of computerized legal research; Practice Rules, ethical rules, and practitioners’ materials; Combining computerized research with manual tools; Review of all materials and research strategy

Class 9, Text Chapters 19-21 
Overview of Legal Memoranda and Drafting Facts Statement;
purpose, identification of significant facts, organization;
Short Answer or Conclusions and Issues

Class 10, Text Chapters 20-21
Review Facts, Issues and Conclusions;
Discussion and Analysis of Legal Problems In Written Memoranda
organization, synthesis, application of law to facts, conclusion, IRAC, distribute final memo assignment - Due at class 15

Class 11, Text Chapter 24 and Review of Other Chapters
Outlining and Organization; Devise an outline for final memo; Draft facts for memo

Class 12, Chapter 25
Review of the research and writing process; Discuss letter writing

Class 13, Text Chapter 16-17
Review Writing Basics, Grammar, Clarity, Sentence Structure, Paragraphs, Active Voice, grammar writing

Class 14 
Discuss Closed Memo rewrite, writing basics and review other materials

Class 15
In-class citation and grammar exam

Alternative Syllabus Placing Practice Rules and Ethical Rules with Statutes

ASSIGNMENTS:

Each week you will have both reading and research assignments. The average assignment is about one chapter each week. You may use your law school library or any other law library available to you to complete the assignments. Please read before class the text chapters indicated.

FINAL EXAM: 

The final exam will be a combination of a take-home and in-class examination. It will cover the use of the library, your research skills, and correct citation format.

Class 1, Text Chapters 1 and 2
Introduction to Legal Research: Role of paralegals in legal research, overview of the legal system, primary and secondary authorities, the research process, the tools, and the sources 

Class 2, Text Appendix and Workbook, Bluebook and Chapter 3
Case citation, official and unofficial reports, slip opinions, advance sheets, reporters; bring your Bluebook to class 

Class 3, Text Chapter 3-4
State and the Federal Reporter, Federal Supplement, parallel citations, Supreme Court Reporter,  U.S. Reports, Lawyers Edition,                 	specialized reporters; Begin Digests, key numbers, headnotes and case name tables

Class 4, Text Chapter 4-5
Continued discussion of digests; Cite checking in hardcopy materials and computer systems

Class 5, Text Chapters 4-5 and 18
Review of cite checking materials and assignment; Case briefing discussion; Read and brief a case in class

Class 6, Text Chapters 18 and 6
Review case briefing; Discuss secondary authorities: dictionaries, thesaurus, encyclopedias, treatises, the restatements, A.L.R.s, Words and Phrases and legal periodicals and their indexes 

Class 7, Text Chapter 6
Review of materials to date and how they are used together
Continued discussion of secondary authorities

Class 8, Text Chapters 8, 11-13	
Constitutions, bills, statutes, official and annotated codes; Updating and validating statutes; Practice Rules and ethical rules

Class 9, Text Chapter 7, 8, 11 and 12
Review of statutes; Discuss legislative history

Class 10, Text Chapter 9
Administrative law, looseleaf services, and the Federal Register and the Code of Federal Regulations

Class 11, Text Chapter 10
Computerized legal research: WESTLAW books and Loislaw

Class 12, Text Chapter 10 
Computerized legal research: Supplemental LEXIS books and materials and the Internet

Class 13, Text Chapter 10
Review of computerized legal research exercises
     
Class 14, Text Chapters 13 and 14
Practitioners’ materials. Combining computerized research with manual tools; Review of all materials and research strategy

TAKE HOME PORTION OF FINAL EXAM WILL BE DISTRIBUTED.

Class 15
Final In-class Exam 							

Alternative Syllabus with Secondary Authorities placed before Primary Authorities

ASSIGNMENTS: 

Each week you will have both reading and research assignments. The average assignment is about one chapter each week. You may use your law school  library or any other law library available to you to complete the assignments. Please read before class the text chapters indicated.

FINAL EXAM: 

The final exam will be a combination of a take-home and in-class examination. It will cover the use of the library, your research skills, and correct citation format.

Class 1, Text Chapters 1 and 2
Introduction to Legal Research: Role of paralegals in legal research, overview of the legal system, primary and secondary authorities, the research process, the tools, and the sources 

Class 2, Text Chapter 6 
Discuss secondary authorities: dictionaries, thesaurus, encyclopedias, treatises, the restatements, A.L.R.s, Words and Phrases and legal periodicals and their indexes
 
Class 3, Text Appendix, Workbook, Chapter 3, Part A 
Case Citation. Official and unofficial reports, slip opinions, advance sheets, reporters; bring your Bluebook to class
State and the Federal Reporter, Federal Supplement, parallel citations, Supreme Court Reporter,  U.S. Reports, Lawyers Edition,                 	specialized reporters
	
Class 4, Text Chapter 4 
Begin digests, headnotes, key numbers and case name tables

Class 5, Text Chapter 5
Cite checking materials and assignment

Class 6, Text Chapters 5, 18
Review cite checking; Discuss case briefing 

Class 7, Text Review Chapters 3, Part C and 4 
Review of materials to date and how they are used together
Continued cite checking and case briefing

Class 8, Text Chapter 7	
Constitutions, bills, statutes, official and annotated codes; Updating and validating statutes 
	
Class 9, Text Chapters 7-8
Review of statutes; Discuss legislative history

Class 10, Text Chapter 9
Administrative law, looseleaf services, and the Federal Register and the Code of Federal Regulations

Class 11, Text Chapter 10
Computerized legal research: WESTLAW, LEXIS and 
Loislaw; the Internet, Supplemental WESTLAW books

Class 12, Text Chapter 10 
Computerized legal research: Supplemental LEXIS books and materials.

Class 13, Text Chapters 10
Review of computerized legal research exercises
     
Class 14, Text Chapters 11-14
Practice Rules and ethical rules; Practitioners’ materials; Combining computerized research with manual tools; Review of all materials and research strategy

TAKE HOME PORTION OF FINAL EXAM WILL BE DISTRIBUTED.

Class 15
Final In-class Exam 							

Suggested Teaching Methods and Approaches

For students to learn effectively how to research and write about legal issues, they must complete research and writing assignments each week. Ideally, they will also complete in-class exercises that will complement their out-of-class assignments. This places a heavy burden upon you because you should try to return the graded assignments within a week after you receive them. Students need your feedback quickly. Since many skills build upon one another, it is crucial that your feedback come before they do another assignment using the same skills. You want your students to succeed with each assignment and your feedback will enable them to do that. Be sure to include plenty of commentary to explain how your student can master their skills. Be positive and constructive. An important element of teaching both legal research and legal writing is to take time each class to review materials from the prior classes. Students need to be told how the materials relate to one another. It is beneficial to show these relationships at the beginning of each class. 

To allow your students to succeed,  we have included basic, realistic exercises in the text and the workbook. The questions are straightforward. They are not designed to trick or mislead your students. 
	
Once you have graded the assignments, you should review them in class. You might place a number of student examples on transparencies or scan them and use them with a Smart Board or laptop and screen without identifying the student. Let the students know at the beginning of your class sessions that you plan to do this. Tell them to object in advance if they are uncomfortable with their work being shown to other students. Use these examples to illustrate  good  and bad work. Students often are encouraged when they see that their colleagues can provide excellent examples. In addition, students’ examples show  their unique style or approach to an assignment. It is beneficial for students to see that various approaches can work well despite the fact that  legal writing is largely a formula style of writing.
	
Students also must  become familiar with law libraries. Your job as an instructor is to introduce them to the school law library. If possible, plan to hold some of your class sessions in the library and allow students time to complete  supervised work with the research materials. Provide a diagram of your library and information about library hours and rules. In addition, make them aware of other local law libraries and their accessibility. We generally prepare a list of law libraries in our area, their hours and their requirements for patronage.

Honing Students' Skills

If students are provided with an opportunity to perform research exercises each week and to write  weekly assignments for legal writing, they will develop their writing and research skills. Because this work is largely a hands-on learning experience, exams are not the best test  of students’ skill development. In-class and homework assignments should carry a great deal of weight in your evaluation of your students.
	
Quizzes, however, are a valuable tool for discovering whether students understand concepts. In the workbook, the exercises generally begin with a section entitled Basic Concepts. These exercises can be used as quizzes. They test the students’ understanding of the concepts presented in each chapter. Keep track of the questions your students miss. If a large number of students miss the same question, review that concept again. Chances are that the entire class needs to review the concept. Students must understand the basic concepts before they tackle the application exercises in either the workbook or the text. 
	
Many programs require in-class examinations, especially mid-terms. Design  examinations that incorporate many basic concept questions and some application of concept questions. Sample exam questions are provided in the appendix to this manual. An example of an application of concept question that can be completed in class would be a Shepardizing exercise. You might provide one or more Shepard’s pages for the students and ask that they review the pages to determine whether a particular case had been overruled, criticized, or reversed. You also might ask what headnotes are considered in the Shepard’s citation for a particular case.
	
. Our experience is that take-home examinations are the best tool for evaluating a students’ research or writing skills. In addition, take-home memoranda or other written exercises are excellent writing samples for job seekers. However, some instructors prefer in-class examinations. Sample in-class examinations are provided in the appendix. The appendix includes both mid-term and final examinations.

Meeting with Students
	
If possible, eliminate one class session to allow you time to meet with students individually. In general, it is nice to meet with them before they complete a draft of their final examination.

Grading

Evaluation of students’ work in legal research and writing, two subjective areas, is difficult. One method might be to assign a percentage of the grade for written assignments, another percentage for quizzes, another percentage for class participation, and percentages for memoranda in both final and draft form. Below are some percentage charts you might consider:

	For Research Students:
	15 percent of the grade for assignments
	5 percent of the grade for quizzes
	20 percent for the mid-term examination
	5 percent for in-class participation
	55 percent for the take-home final examination

	For Writing Students:
	20 percent of the grade for written assignments and quizzes	
	5 percent for an outline of the first memorandum
	10 percent for the first draft of the first memorandum
	15 percent for the final draft of the first memorandum.
	5 percent for the outline of the final memorandum
	15 percent for the first draft of the final memorandum
	25 percent for the final draft of the final memorandum
	5 percent for class participation

	 Alternative Writing Scale
	15 percent first draft of first memo
	15 percent final draft of first memo
	15 percent  first draft of second memo
	15 percent first final draft of second memo
	15 percent first draft of final memo
	15 percent second of final memo
	10 in-class participation to review out of class homework.

Your First Legal Research Class

Your first class is your opportunity to introduce students to legal research and writing and to get them excited about the challenges these areas present and the rewards of learning these skills. You might want to start your class by telling them your background and by explaining your experience with practicing paralegals. Depending upon the size of the class, it often is helpful to have students introduce themselves. Ask the students for their names, any educational degrees they might have completed, their school of study, if they are working and in what area they plan to practice. Take note of the areas of practice. You might want to tailor some of your exercises to these areas of interest. It is a good idea for students to get to know one another because they can learn from each other. Often library resources are limited and students must work together or share resources. This process is facilitated if they are first introduced in class.

Next, explain your course objectives and the plan for learning those objectives. Your class will appreciate a detailed plan and a list of goals. Students are encouraged to learn that practicing paralegals often research legal issues and that the paralegal responsibilities are expanding to include more substantive legal research and writing. Explain that students must complete their assignments each week and that future assignments will build upon skills that they should have mastered by completing previous assignments. Explain that they therefore must complete their assignments by their due dates. Some instructors believe that students should be penalized for late assignments. This can be an effective tool. Participation is important. If you complete exercises in class, students must participate to hone their skills. Sometimes, it works well to break students into small groups to complete in-class exercises. Let the students know that they may be working in small groups.
	
Tell students about your availability and course requirements. If possible, explain how your grading system will work.
	
Next, introduce the students to the law library. If possible, provide them with a tour of the facility.

Your First Legal Writing Class
	
The bulk of this session will be a review. Try to begin with a brief overview of the legal system, the hierarchy of authorities, and research resources and strategy. You can follow the chapter suggestions for chapters 1 and 2 for this class. You might want to give your students a brief quiz at the end of the class. This quiz will show you whether the students need additional review of this material before beginning the task of learning legal writing.

Chapter 1
The Legal System

Aim
This chapter briefly reviews the U.S. legal system and the interplay between governments and government branches.

Teaching Methods
The first step is to reintroduce students to the two main systems of U.S. governance.  One approach is to draw diagrams of the systems on the blackboard, with special attention paid to the court systems.  This is an area that lends itself to diagrams and flow charts.  We have included illustrations in the text and some transparencies with the instructor’s manual to assist you with this process.  But simple blackboard representations also work well.

Explain the different court systems using the chapter illustrations. If possible, use the National Center for State Courts website to show your state’s court system, http://www.ncsconline.org/. Stress that the U.S. Constitution is an umbrella over the state and federal governments.  Discuss the functions of the federal courts and their relationship to each other. The three-tier system is excellent for showing the interrelationship of the courts. Then focus on the relationship between the federal and state courts.
	
Answers to Text Exercises

1.  Varies.
2.  Varies. Nebraska has only one.
3.  Varies. Check the website for the National Center for State Courts,  http://www.ncsconline.org/.
4.  The flow chart should include this information, but may vary in style.

Bill is drafted by Senator, Representative, or other individuals
       	Bill is introduced by Senator or Representative
Bill is referred to the appropriate committee for hearings. The committee issues a report.
Then the bill is debated in the chamber and sometimes amended.
Bill voted on by the chamber
If bill is passed, it  is sent to the other chamber for the same process.
If the bill is passed by the other chamber and it differs the first chamber can vote again. If the changes are not agreed to, then a joint committee is convened.
Once an agreement is reached, then it is sent to the president.
If it is not amended by the second house, the bill is sent to the President
President can sign or veto a law.

5.  The chart should be similar to the answer to 4, but will vary by state.
6.  Varies. Ask students to visit your state’s website to make a determination.
7.  Ask students to print a page from the website to verify that they have completed the assignment.
8. Varies. Ask students to visit your state’s court website to make a determination.
9. Ask students to print a page from the website to verify that they have completed the assignment.
10.  There are three branches – the executive, judicial and legislative. The Executive Branch  which includes The President, his/her cabinet, and the administrative agencies is responsible for enforcing the laws. The two houses of Congress enact the laws. The Judicial Branch consists of the District courts, the appellate courts, and the Supreme Court.  The district courts hear disputes and interpret the law.  The appellate courts decide issues of law.  The Supreme Court hears a few specific kinds of disputes and interprets the law of the United States.
11.  Enacted law.
12.  Common Law
13. Varies
14. Ask students to print a page from the website to verify that they have completed the assignment or to write the link. 
15. Ask students to print a page from the website to verify that they have completed the assignment or to write the link.
16. Ask students to print a page from the website to verify that they have completed the assignment or to write the link.

Chapter 2
What Law Governs

Aim
You can use this chapter for a review of the hierarchy of authorities.  It also provides a foundation for students who later will learn how to synthesize authorities.

Teaching Methods

Jurisdiction is a difficult concept for students.  It helps to present this concept in terms that students understand.  Focus on students in the class.  For example, you might suggest that one student is from Ohio and that another student is from Michigan.  Suggest that they were involved in a car accident in Ohio and that the Michigan student was injured.   Following the accident, the Michigan student filed a lawsuit in Ohio’s federal district court in Toledo.  Use this framework to discuss the concept of jurisdiction, where else the suit might have been brought and what court decisions the Ohio federal court must follow and those that it is likely to consider as persuasive authorities.  The question of what law governs in such a case is complicated.  Explain what law governs and why it is complicated. Tell students that  they should ask the assigning attorney about this situation.

Once you find that the students are reacquainted with the components of the legal system and their functions, you can discuss primary and secondary authorities.  Again the diagrams are useful for pointing out how the hierarchy of authority operates and why some authorities are primary binding authorities and others are primary persuasive authorities.  Examples of how the hierarchy of authority works are provided in the text.  Develop these examples in case.  You might suggest Constitutional questions that might arise and how they will affect state statutes.

The in-class exercise at the end of the chapter provides an example of how students should evaluate and rank authorities if presented with a lemon law issue. Ask students to select the primary authorities first such as the statutes and cases. Ask them to explain why some are primary binding and others are not. Ask them if they would use the ones that are not primary binding. Explain some of the circumstances for in which these authorities might be used. Next handle the secondary authorities.

Exercises 1 through 21 of the text can be used to facilitate in-class discussion of concepts.  For example, exercises 19-21 concerning authorities are easy to do in class.  Have your students read the fact pattern provided and then as a group have them rank each authority.  Discuss each authority with the students and explain how these authorities integrate with one another.  Discussion suggestions are provided with the answers to the exercises.  Consider using some of the text exercises as a quiz following your first discussion of this material.  This will enable you to determine what concepts should be reviewed further.

Answers to Court System Exercises

1.	Usually the Supreme Court.  One noted exception is New York State. 
2.	A.	Primary Binding 
3.	Depends upon the state.
4.	No.
5.	U.S. Supreme Court
6.	A. Primary Binding
7.	U.S. District Court
8.	No
9.	No. They are binding for the district courts within that circuit only.
10.	Yes  (Good discussion question as to why they decide and the fact that they are only persuasive authority.)
11.	Yes (Good discussion question as to why they decide and the fact that they are only persuasive authority.)
12.	It is authority made by an official government body such as a court or a legislative body.
13.	Authority that must be followed by the courts in making a decision.
14.	Primary authority must be used if it applies to a particular situation. 
15.	No. All state legislative enactments must comply with the federal constitutional guarantees. 
16.	Yes. It must follow this decision because a decision of the U.S. Supreme Court is primary binding authority for all federal appellate courts.
17.	This is a good discussion question. Not usually. The Arkansas court should look to the U.S. Supreme Court for guidance. It is bound to follow the U.S. Supreme Court concerning issues of U.S. Constitutional law. However, issues of other federal law are not binding on the state court.
18.	Statutes and rules as well as administrative decisions and state court cases because they are primary binding authorities. You might consider federal cases that have decided these issues, but they should be primary persuasive as opposed to binding. Next, you might consult treatises and encyclopedias for good secondary authorities that can guide you.

	Suggested answers for beginners:
	Secondary authorities to understand a topic and find primary authorities.
	Then primary authorities that control the legal issue.

19.	This is a good discussion question.  The ranking of these authorities can vary.  C and B usually should be ranked first.  These are statutes that define two of the terms in the dispute.  They are primary binding authorities.  However,  “a” could be ranked first if the case interprets the language contained in one of the statutes.  If the case does not interpret the language contained in the statutes, then the statutes should be ranked first.  All three authorities are primary binding authorities.  The next authority is “d”, the Wisconsin trial court decision.  This is a primary authority but it is a persuasive authority.  The trial court does not bind other courts.  Next is “e,” the Illinois Supreme Court opinion.  This opinion is a primary authority, but is merely persuasive.  Since Wisconsin and Illinois courts are in different jurisdictions, the decisions of these courts cannot bind one another.  Next is “f,”, a Uniform Commercial Code Section.  This authority is a secondary, but very persuasive, authority.  This is a confusing point for students.  It helps to explain that authorities such as uniform laws are not primary authorities unless adopted by a legislative body.  However these are strong persuasive authorities because legislatures often draw language for their statutes from these laws.

20.	In general, rank “a” first.  It is a primary binding authority.  It is the statute that defines the disputed term.  However, “c” could be ranked first if it interprets the language contained in “a.”  It depends upon whether the court case is more current than the language of the statute.  If it is more current, “c” should be ranked first.  Both are primary binding authorities.
However, these authorities do no deal with the legal issue presented.  They deal with the definition of the term employer in the context of federal sex rather than age discrimination.  The definitions in these statutes often are similar or drawn from the language of the other.  Therefore, the courts often will rely upon decision that interprets the definitions related to one another.  This is a good point to make for students.  This helps them to understand how courts look to other authorities to support their decisions.  The order for these authorities will vary depending upon whether the statute of the court decision is more current.  Next would be “e,” a primary persuasive authority.  It would be followed by “h,”another primary persuasive authority.  This example involves an Ohio court decision.  It can be used to discuss the fact that sometimes the federal courts will look to the state courts for guidance in making a decision, but that these decisions are not binding upon the federal courts.  Next is “g,” a secondary authority, followed by “f,” another secondary authority.

21.	First is “b,” the U.S. Constitution.  It is the supreme authority.  It is a primary binding authority.  Next is “c,” a U.S. Supreme Court case that addresses this issue.  It is a primary binding authority.  Then comes “a,” the statute at issue.  It is a primary binding authority.  Next is “d,” a New York supreme court case.  In New York, however, the supreme court is not the high court.  (If students are uncertain about whether a court is the high court of a state, explain to students that the Bluebook is a good, quick reference source for that information.)  Since the court is not the high court, it is a primary persuasive authority.  Next is “e,” a primary persuasive authority involving an identical statute.  This raises an important discussion point about how an interpretation of an identical state statute of another state can be a valuable persuasive authority.  Next is “f,” a secondary authority followed by “g,” another secondary authority.  Discuss with students that “g” is a poor authority that should not be cited in a court document or memorandum.  You might want to discuss how students can use newspapers to located background information about decisions and to keep abreast of new decisions, but that the original decision rather than the newspaper report should be cited and consulted.

Chapter 3
Court Decisions

Aim
This chapter is designed to introduce students to case law; where and how to find it, digests and validating authorities. It also briefly introduces them to computerized legal research with a discussion of computerized cite checking and updating. Although some might find it better to discuss secondary authorities before examining case law, we have found that it is valuable to discuss case law at this juncture. Students generally understand that much of the law is predicated upon court decisions. Therefore, case law is a somewhat familiar concept. They can often grasp the concepts in this chapter without understanding the purpose and value of secondary authorities.

The chapter introduces students to where cases can be found. The reporter system is discussed. First, United States Supreme Court decisions are discussed. This is a good starting point because these decisions can be found in a variety of forms including as slip opinions, advance sheets, cases in bound reporters, and computerized opinions. Examples of U.S. Supreme Court decisions are included. 

Other federal reporters and state reporters are discussed next along with computerized case reports. 

Teaching Methods

First, discuss the concept of case law and explain how it differs from enacted law. Discuss the process of publishing a decision. See the flow chart transparency that details this concept. Use the illustrations in the book to show students how slip opinions, looseleaf services opinions, bound reporter decisions, and computerized decisions will appear. Show the students the differences between the official report and the commercial publisher’s decisions. It is helpful to point out the headnotes and other publisher annotations. After you have done this, ask the students to provide the numbers of topics of headnotes in selected text illustrations.  Work with the illustrations in the text. Ask students to identify parts of the decisions.
	
It helps to introduce students to the concept of citation at this point. They will understand it if you explain that the citation is an address for a case. A one-hour lecture concerning the major citation points discussed in the appendix works well as you discuss cases.

Answers to Text Exercises
Reporter Exercises
1. Northeastern Reporter 2d, Illinois Decisions, and Illinois Appellate Reports 3d

2. Northeastern Reporter, Illinois Decisions, and Illinois Supreme Court Reporter

3. Federal Reporter

4. West’s Federal Reporter District Court cases were published in that reporter until 1932. After 1932, they were published in the Federal Supplement.

5. Decisions concerning the Federal Rules of Procedure and those concerning to the Federal Rules of Criminal Procedure, speeches and articles

6. Westlaw, Lexis, Loislaw, the Internet, U.S. Law Week

7. The headnotes and other research tools such as annotations, publisher’s syllabi and some briefs

8. The headnotes that provide access to West’s key number system and the publisher’s research tools.

9. This is an example of a question designed to ensure that the students get at least one question correct. Almost any answer is correct. Examples of correct answers include: issues, facts, jurisdiction or applicable law. Students should know that this information can be obtained from the attorney assigning the research. You might want to discuss with them the importance to speaking with the assigning attorney and asking questions about the research at the outset.

10. No. These are drafted by the publishers and have no force of law. They are not authoritative. You might explain that judges and attorneys frown on researchers who cite from these notes.

Treasure Hunt

11. Civil rights 9.10

12. 10th Circuit

13. 86-5288 and Robert E. Boston and Frank G. Clement Jr.

14. Seidenfeld and March 14, 1978

15. 104 Ill. App. 3d 505. Plaintiff Palos Bank. Defendant Kardaras

16. Davis

17. Illinois courts’ website. http://www.state.il.us/court/opinions/appellatecourt/1999/5thdistrict/July/HTML/5980142.htm

18.  http://www.gpo.gov/

19.  Various links are provided. Links to all federal courts are available. Others include, the Federal Judges Association, the Federal Court Clerks Association, the National Conference of Bankruptcy Judges, the Federal Magistrate Judges Association, the International Association for Court Administration, the Central Violations Bureau, the U.S. Sentencing Commission, the Judicial Fellows Program, PACER and the Federal Judicial Center.

20. http://www.ca5.uscourts.gov/clerk/docs/frap2007.pdf

21.
a.  that this case is not scheduled for publication.
b.  Rebecca Pallmeyer 
c.  June 6, 2002 
d.  July 18, 2002

Chapter 4
Digests

Aim

This chapter is designed teach students how to find cases related to issues presented in particular problems. To that end, students learn how to use digests. 

Teaching Methods

First, build on the case reporters discussed in chapter 3. Use the illustrations in the book to show students the headnotes and other publisher annotations. After you have done this, ask the students to provide the numbers of topics of headnotes in selected text illustrations.. Work with the illustrations in the text. Ask students to identify parts of the decisions.
	
Review the illustrations throughout the chapters 3 and 4 and develop exercises.  Using the illustrations in both chapters together  to show your students the process for finding a case, reviewing the case,  evaluating the case and finding other cases.Review the case illustrations in this chapter. Ask students to find where in the text certain headnote discussions begin.

You could also do other in-class exercises with the cases shown in the chapter. For example, ask the students to find another case by reviewing the Thompson v. Economy Super Marts, Inc., 581 N.E.2D 885 (Ill. Ct. App. 1991) case. One case would be Olinger v. Great Atlantic & Pacific Tea Co., 173 N.E.2d 443 (1961). It is found on the fourth page of the Illustration. Ask students under what topic and key number the case might be found  in the West Illinois Digest.  Try this exercise with other cases.
	
Next, use the illustrations to point out that case abstracts within the same key number are not identical. 
	
For the next exercise, ask students to review the chart that contains the brainstorming session result for the grocery slip and fall. Do you students want to add any search terms? Next ask students to read the digest index page. Ask whether they found any relevant terms and key numbers other than those marked with a gray arrow. Discuss those terms with the students. Ask students to review the table of contents illustration to determine whether any other digest topics should be reviewed for the slip and fall problem or whether any other key numbers are relevant.
	
A second in-class exercise that can be done involves a slightly different fact pattern, but most of the same illustrations. The fact pattern is that a slip and fall occurs on a passenger train in a passenger’s overnight accommodations. In that case, suggest that both a passenger and a railroad employee were injured.  Help your students to make a list of suggested search terms, then ask them to review the digest index pages. Do they find any of the search terms listed? What search terms might be applicable? What topics and key numbers might contain relevant cases?
	
If WESTLAW is available, devise some key number searches based upon the key numbers contained in the headnotes found in the digest pages.. Ask the students to run the searches in different databases.
	
The workbook exercises for this chapter can easily be used for in-class discussions.
A discussion of digests and how to use them follow this information. 

Digest Research
1. This answer will vary. Some suggested terms include:
	age discrimination
	discrimination
	civil rights
	employment
	labor

The topics and key numbers will vary depending upon the students’ answers as will the cases found.  Some students photocopy a digest page to illustrate that they completed the assignment.

2. The answer will vary. Some suggested terms include:
	attorney and client
	privilege
	confidential information
	trial
	witnesses

The topics, key numbers and cases will vary. Sometimes students photocopy a page from the digest to illustrate that they completed the assignment.

3. 	
a. Peterson v. Wal-Mart Stores, Inc., 241 F.3de 603 (CA7 2001)
b. yes
c. Lane v. Hardee Food Systems, Inc., 184 F.3d 705 (1999)
d. West’s Federal Practice Digest Negligence 1076

4. 	
a. Martinez v. Asarco, Inc. 918 F.2d 1467 (CA9 1990).
b. Novak v. Capital Management and Development Corp., 452 F2d 902, 371 U.S. App. D.C. 526 (D.C. Cir. 2006).

5.	 32(2.8), 50

6. The answer will vary, but the question involves the elements of a gift and state digests.  Look for the topic, outline, and descriptive word under one good case.

Computer Exercises

The answers will vary depending upon when the exercise is completed. The simplest way to ensure that your students have done these exercises and that you have a current copy of the answers is to ask the students to print the first page of a computerized report. You also might ask students to print or write out their searches. However, not all answers will be consistent. 

7.  This answer will vary. 
8.  This answer will vary.

 9.  30K 895

10.  
a. Patel v. Gayes
b. Bhupendra C. Patel and Meena B. Patel
c. Richard C. Gayes, Thomas Engel, and Evangelical Health Systems Corporation, 
d. 198HK827
e. 299k18.100 physicians and surgeons
f. yes, 1991 WL 11010285

Chapter 5
Shepardizing

Aim
	
This chapter focuses on citators. These concepts should be stressed because paralegals are often required to cite check motions and briefs. 

Teaching Methods

Both computerized and print citators are discussed.  Review the chapter illustrations with your students. Show the comparison between KeyCite, Shepard’s printout and the print Shepard’s of the Thompson case. Shepardize the Thompson case in the Northeastern Shepard’s Citations. If a computer service is available, perform a Shepard’s search for your students using the same case.
	
Also, ask your students to review chapter illustrations to find a case that is cited by the U.S. Supreme Court. One such case is Illinois v. Jackson.  Ask them to find a case for which the U.S. Supreme Court denied certiorari.  Illinois v. Haun is one such case.
	
Next, ask students to review the illustrations. Ask them whether any dissents are noted.
	
Students often find the concept of state and regional citators to be confusing. If possible, Shepardize a state case in both citators. Use this exercise to point out the different sources consulted for compiling the citations list for each citator.
	
If you have a computer service, Shepardize the case using those resources. Next perform a KeyCite.
	
Answers to Text Exercises
The answers to Exercises 1-6 will vary depending upon the timing of this exercise. Ask your students to print the first page of each report to ensure that the assignment was completed.

Exercises
7.a.: Manual V. Red Hill Community Unit School, 754 N.E.2d 448 ((Ill. App. 5 Dist.2001).
b.    #7
c. Negligence 1076
d. Negligence 1133.

8. The answer will vary.

9. a. Yes    b. No

10. a  AT & T Technologies Inc. Communication Workers.
b. Yellow flag. 
 
The answers for Exercises 11-13 will vary.

Chapter 6
Secondary Sources

Aim

The purpose of this chapter is to acquaint your students with the variety of secondary sources available, teach them how to use them, and to educate them as to when to turn to one source over another.  Learning which source is the most appropriate for a particular research need enables the student to use his or her time effectively.  There are a great number of secondary sources available.  This chapter will take more than one class session to cover fully.  

Teaching Methods

Begin the discussion on secondary sources with a review of the definition of a primary source and a finding tool.  Define secondary authority and describe how these sources explain, analyze, criticize, and synthesize the law.  List all of the secondary sources and indicate how the various sources range from scholarly to less scholarly.  Discuss how it is best to rely on primary authority in memos, but to use secondary sources as finding tools and for self-education.

Start the lecture with dictionaries and thesauri and then move on to legal encyclopedia.  Have students look up various words in the dictionaries and thesauri to get used to the type of information these sources provide.  Compare Illustration 5-1 (Black's Law Dictionary definition of easement) with Illustration 5-3 (Am. Jur. 2d discussion of Easements in Gross.)  Then provide an overview of legal encyclopedia, state, federal, and specialized, and then an overview of the A.L.R.  For the in-class discussion, have the students view the illustrations that cover Am. Jur. 2d,  and cover C.J.S.  Compare the A.L.R. with the encyclopedia.  Use the illustrations that cover the A.L.R. to provide visual aids for your discussion. Compare encyclopedia with digests too.  Detail the ways to use encyclopedia and A.L.R. annotations.  

Take the class to the library for an exercise.  Divide the class in teams and have them search for a subject in an encyclopedia.  It is helpful to pick sets of similar subjects and have groups of two look up the subjects in Am. Jur. 2d and in C.J.S. and compare the results.   For example, have one set of students look up the topic Highways in C.J.S. and another group look up the topic in Am. Jur. 2d.  You can have a third group look up the topic in the state legal encyclopedia.  You can also use the exercises at the end of the chapter for this.  I have found it is best to do one set of exercises together in class and then have the students reinforce the skills by using the sources to perform an additional set of exercises.  Have the students compare the results and the coverage, then have them look at the first section discussed in each encyclopedia.  What other resources are they directed to?  It is important that students learn that West publishes both C.J.S. and Am. Jur. 2d and that they will be guided to other West sources as well as key numbers and Digest topics as well as A.L.R. annotations.  Let the students view all of the footnotes at the bottom of the pages which guide them to primary authority - this is the finding tool component of secondary authority.  Warn them that it is always essential to read the actual case if is to be relied upon. Remind students to validate (either KeyCite or Shepardize) any primary authority located in a secondary source before relying on it.

Additionally, remind students that many secondary sources in this chapter are only available in hard copy or on Lexis and Westlaw and are not yet available for free on the Internet.

Include class time for citation formats.

The second lecture should focus on the remaining secondary sources, ranking them from most scholarly to least scholarly.  Spend time on legal periodicals and how to find them using the various indices available.  Once again, use the chalkboard to illustrate the citation format for these resources.

You may want to perform the workbook exercises using the legal periodical indices in class as a way to demonstrate their use.  Once the article is found, have the students find the article, read it, cite it, and abstract it for homework.  Students can try to locate legal periodicals, particularly law journal, on the Internet.

In class exercise.  Use Illustration  6-6 to begin this exercise.  Use the page from the C.J.S. , in Illustration 6-6, to find an entry discussing the right to use a beach a neighbor’s right to use a landowner’s road on his property.. What case is cited? Go to the library and look up the case. Do you see any cases from your state in the footnote or in the pocket part under this topic?    

The goal of the legal encyclopedia exercises is not to find a needle in a haystack but to underscore the ways to find information in the encyclopedias and to evaluate when encyclopedias are the needed resource.  The major ways to use the encyclopedia, regardless of which set, is to use the Index, the topic outline and in Am. Jur.2d to use the Table of Statutes and Regulations cited.  It is important to emphasize that entries must be updated by using the pocket parts.  Also, students should always read the case that they are led to to determine if is applicable to their research and to update and validate any primary authority.  Encyclopedias are starting points for research and should never be relied on as authority and should never be cited in a memo if there is primary authority available or even more scholarly secondary authority.

In class exercise—Answer
Look in Illustration 6-6.  The answer is under footnote 71. The case is Sauders Poit Ass’n v. Cannon. 
  §23. The case is Eileen B. \White & Assoc., Inc. v. Gunnells, 434 S.E.2d 477 (Ga. 1993).
Answers may vary by year of research.  Emphasize that legal encyclopedia are really designed to lead the researcher to cases and then the researcher must read, update and validate the case before relying on it.

Answers to Text Exercises

1. The encyclopedia has broader treatment of the topic and provides case law as well as a legal definition. Encyclopedia are excellent ways to find the general rule.
 
2.  The answers to this exercise will vary. The goal is to get the students to use the encyclopedia with different methods to access information and to compare and to contrast the sets.

3.  Yes, pawnbrokers are mentioned in the national encyclopedia.  State encyclopedia coverage will vary.

4.  The topic is organized into a topic outline. The topic of gaming starts with General treatment
and then particular regulations and analysis.  Sub-analysis follows analysis.  It is important to stress that encyclopedia provide broad overviews to a legal topic.  The broad overview focuses on the most major issues first and then the sub-issues.

When using the index to look up “Casinos”, the researcher is led to “Gaming (this Index)”, this means that you are to use the index set, not necessarily the same volume of the index.  Here “Gaming” is in a different index volume than “Casinos”.  “Casinos” is located under “Gaming”.  Are there references to sections of the encyclopedia outside of the topic of gaming? Yes.  

Does the pocket part of the volume containing the topic “Gaming” contain any references to update the topic “Gaming”? Yes.  What do topic updates look like?
They are not as in depth as the treatment in the main volume.  Usually individual points updating the text followed by citations.

5.  Use Am. Jur. 2d. Is there a topic called “Gaming”?
No.
What similar topic covers the subject of gaming in Am. Jur. 2d?  Gambling.
Go to the Index in Am. Jur. 2d and look up “Gaming”.  Where are you led to?  The index states: See Gambling.
How is the topic treatment similar and different in Am. Jur.2d and C.J.S.?  C.J.S. may cite to more cases.  Am. Jur.2d’s narrative is more focused.  The topic of “Gambling” in Am. Jur.2d is more detailed in its coverage.  Both have extensive citations to cases, both lead the researcher to primary authority, both use pocket parts to update the text.

Does Am. Jur.2d have a pocket part which updates this topic? Yes.

Use the index to Am. Jur. 2d, look up “Casinos”.  What do you find?  Answer may vary but includes references to Zoning & Planning, and False Imprisonment.

6.  How are Am. Jur. 2d and C.J.S. similar? Both provide overviews of a legal topic.  Both provide footnotes to primary authority, principally case law, both use pocket parts to update information. Both are fast to use.

How are the two sets different? C.J.S. may lead you to more cases and Am. Jur.2d may reference more statutes and regulations.  Am. Jur. 2d also leads the researcher to a wider variety of library resources.

What research benefits do you obtain when consulting a legal encyclopedia?
General legal rules on point.  Overview of a legal topic. Citations to primary authority, primarily case law.

Do either Am Jur. 2d or C.J.S. lead you to other library resources or research tools?
Am. Jur. 2d and C.J.S. lead the researcher to related  topics in the encyclopedia.
C.J.S. contains West topics and key numbers as does the newer editions of Am. Jur. 2d.
Am. Jur. 2d leads the researcher to A.L.R. and formbooks.

7. Different level of treatment.  The encyclopedia provide more narrative text and greater detail.  Also, the encyclopedia breaks negligence down into a variety of sub-topics and leads the researcher to many more cases.

8.	  Answers will vary according to the encyclopedia used.  The emphasis here is on method.  This problem can also be used with the A.L.R.

Using the Index to Legal Periodicals to find case citations and articles about cases

9. Consult the table of cases in the Sept. ‘03 - Aug. ‘04 Index to Legal Periodicals. Find the cite to Amos v. Glynn County Board of Tax Assessors.  
After finding the cite to the case, write it in correct citation format. 
Answer: Full citation to case: Amos v. Glynn County Bd. Of Tax Assessors, 347 F.3d 1249 (11th Cir. 2003).
Find the cite to an article discussing Amos v. Glynn County Board of Tax Assessors
Answer: Stetson Law Review, v. 33, no. 2, pp. 809 -13. Winter 2004

10.	Answers to this question will vary depending on when lawreview.org was searched. One  possible article is: “The State of the Law on Cyberjurisdiction and Cybercrime on the Internet” by Gabriole Zeviar-Geese, California Pacific School of Law.

11.	Yes there is an article cited from outside the United States.  Identifying an Easement: Exclusive Use, DeFacto Control and Judicial Constraints, M. Haley, L. McMurtry,  Northern Ireland Legal Quarterly, v. 58, no. 4, p.490. Winter 2007.

12.	Answers to this question will vary depending on when Westlaw is searched. The database is: Pajur-rp (Pennsylvania Jurisprudence – real property).

13.	 Answers will vary depending  on when searched. The database on Westlaw is: FLJUR which is Florida Jurisprudence. Be sure to have the students read the sections retrieved to ensure that the section is relevant. Although the search terms will appear in the document, the document could be unrelated. One possible reference is: 35 Fl. Jur. 2d – Maps, Plats & Surveys §14.

Chapters 7  Constitutions and Statutes
Chapter 8  Legislative History

Aim

These chapters explore, in detail, the role of constitutions as a source of primary authority.  They also explain the legislative process and statutory materials—both state and federal.  Finally, legislative history, its purpose, authoritative impact, and places to find it are discussed in Chapter 78.  The information is ambitious in its content and intends to be over-inclusive rather than superficial.  Many illustrations are provided to help you and your students visualize the legislative process and the resources that provide the documents. Legislative history resources are increasingly available online via the federal government’s web sites: gpoaccess.gov and Thomas.loc.gov. Mention these sites to your students for they are cost effective resources. If time allows, divide the materials between two class sessions—the first covering enacted law composed of constitutions and statutes, and the second covering legislative information and legislative history.  These chapters should be discussed in sequence because of the inter-related materials.

Teaching Methods

Read the chapter thoroughly to decide the level of detail that you want to provide for the students.  Begin the discussion with the process of how a law is created.  Also, mention the state counterpart to the federal source—state constitution and federal constitution; state statutory compilation and federal.  Discuss where constitutions and statutes fall in the hierarchy of primary authority and mention the role that statutes play in the law today.  Discuss the differences between official and unofficial statutory compilations on both the state and federal level.  Use text illustrations to provide visual examples of the U.S.C., U.S.C.A., and U.S.C.S.

Validating and updating statutory authority should be discussed next.  Include examples on how to cite to statutes.  Use your state code as well.  Use the Bluebook in class to show students citation forms for state materials.

Begin the second class with a quick review of how a law is created. Use the textbook as examples of how to monitor the progress of pending legislation. Tell students to investigate Thomas.loc.gov for pending legislative information.

Legislative history is the recreation of all of the components of a law's creation.  Tell your students that paralegals are doing more legislative history research.  U.S.C.C.A.N. is the most easily used source of compiled legislative history. Show text illustrations 8-1 and 8-2.

Emphasize that paralegals should know about the resources that are available, including hotline numbers, although they will not use them frequently. The hotline numbers will help with state legislative history and state pending legislation.

Answers to Text Exercises for Chapter 7

1. 7/26/90.  Popular Name Table—U.S.C.A. or U.S.C.S. and in U.S.C. after the text of 42 U.S.C. 12101
2. I Employment, II Public Service, III Public Accommodations and Services, IV Miscellaneous Provisions

3. P.L. 101-336.  Popular Name Table—U.S.C.A. or U.S.C.S. and in U.S.C.

4.  101 indicates 101st Congress and 336 indicates the 336th law passed

5.  Used Popular Name Table - 42 U.S.C. § 12101 (1990)

6.  104 Stat. 328.  Popular Name Table and U.S.C.

7.  The act defines employer as a person, engaged in an industry affecting commerce, who has 15 or more employees for each working day.

8.  U.S.C.A. refers to the portion of the act as a subchapter and the Statutes at Large refers to the portion of the act as a title.

9.  42 U. S. C.  § 12101 ET SEQ.

10.  Answers will vary according to updates.  Generally, 42 U.S.C. §§ 6802 - 6808 (1988).  Emphasis on § 6807

11. § 6807 was updated in 1992.  U.S.C.A. supplement has new version of  § 6807. Updating is the most significant research enhancement that West provides over the U.S.C.  U.S.C.A. also has United States key number 82(2) and a reference to C.J.S. § 122 after § 6805.  Paperbound supplement refers to USCCAN legislative history for P.L. 102-486 at 1992 U.S.C.C.A.N. p. 1953

12. Answer depends on legislative history selected.  See text page 201 for example

13. Answer may vary. One answer is 10 CFR part 455.

14. Answers will vary according to the section selected.

15.	Ill. 205 Ill. Comp. Stat. 510/1 (2000).  Note that you may want to modify this exercise for your jurisdiction.  
Also, Illinois now has a statutory compilation - the Illinois Compiled Statutes.

16.  Jacobs v. Grossman

17. and 18. Answers will vary by jurisdiction.

19.
Go to www.gpoaccess.gov
Under: “Legislative Resources” click “United States Code”
Under(: “1994 - 200 ed., plus supp.”the most recent edition included. As of this text’s printing, the most recent edition is the) Supplement 5. click  “Search”
enter on search line: “popular name and megan” 

20. The ways to find Megan’s Law online are: Lexis, Westlaw, gpoaccess.gov, Thomas.loc.gov  and many law school web sites have portals to the U.S.Code.

21. The answers to this question will vary depending on the bills passed by the particular Congress. Students can search gpoaccess.gov, access.gpo.gov or Thomas.loc.gov.  This is a easy way for students to see that statutes are constantly updated by legislation.

Answers to Test Exercises for Chapter 8

1.	P.L. 101 B 159.  Legislative History of the Brady Handgun Violence Prevention Act, Pub. L. No. 103 B 159, 107 Stat. 1536 (1993) (codified at 18 U.S.C. 921 (1994)), reprinted in 1993 U.S.C.C.A.N. 1984. 

2.	Depository Library Act of 1962, Pub. L. No. 87 B 579, 76 Stat. 352 (1962) (codified at 44 U. S. C.  1901 (1994)), reprinted in 1962 U.S.C.C.A.N. 2104.

3.	Answers may include house reports, senate reports, committee reports and different versions of the bill.

4.	4.	To find out the intent of the Act and all of the versions that the act went through prior to passage plus house reports, senate reports, committee reports.  
Questions 5 and 6 will underscore how a law is formed and amended. When a researcher wants to find out the intent of the legislation, often the researcher will look at all of the bills that were created that would impact, amend, repeal or supercede the legislation. Sometimes the bills do not become law but still provide information. 
5.	Answers will vary. Search: Brady + handgun.  In 2008, this search yielded: No Fly, No Buy Act of 2007 – HR 1167.

6.	Use Thomas.loc.gov to find any bills pertaining to the Rural America Energy Act of 2007. Answers will vary .

Chapter 9
Administrative Materials and Looseleaf Services

Aim

The focus of this chapter is to have the paralegal students become adept at locating, understanding, and updating administrative resources.  Administrative sources are available for the state as well as the federal level.  Chapter 9 provides an introduction to looseleaf services.  Looseleaf services are relied on in heavily regulated practice areas to obtain relevant regulations, case law, and commentary.

Teaching Methods

Begin the class by discussing governmental agencies and the role they perform.  Ask the class to name a few.  Mention that most states have agencies as well.  Discuss sources of federal administrative law - the CFR and the Federal Register.  Use the illustrations in the chapter to provide examples of administrative regulations.  The most important concept to underscore is how important it is to update administrative material.  Lead your students, step by step, through the updating process.  Use the chapter illustrations for visual aids in class.  Also, instruct students that updating provides the most current form of the regulation but that Shepardizing the regulation is also important because it indicates the judicial treatment.

At this point, instruct the class on the sources of administrative law available in your state and citation formats.

The second half of the class or another class session can be devoted to looseleaf services.  There are so many looseleaf services in print that it is impossible to instruct students on each one.  Generally, every looseleaf service has a section entitled "how to use this service."  Students and practicing paralegals should always consult this section first. Remind students that looseleaf services, although they contain many primary sources such as cases, statutes, and regulations, are secondary authority.  Looseleaf services are used in heavily regulated practice areas such as environmental law, tax, and securities.

Answers to Text Exercises

1.a. C.F.R., Federal Register, and looseleaf services

b. This will vary depending upon the student. Suggested answers include:

First Strategy
Brainstorm for terms and agency names. Examples include: Environmental Protection Agency, Food and Drug Administration, Department of Agriculture, water, lead, drinking water, and contaminants.
Search the index under agency names and then under selected terms.

Second Strategy
Go directly to the title 40  - Environmental Protection Agency regulations and find the applicable regulation.

c. C.F.R.-
Search the index under the agency name and selected terms,
or search the titles for title 40 and find the applicable regulation.
Federal Register-
Search the index under the agency name and selected terms.
Looseleaf services-
 Search the index for water, lead, contamination or safe drinking water.

d. Drinking water, lead, contamination, safe water

e. This will vary depending on when the problem is completed..

f.  Review the most current L.S.A., and then review the L.S.A. in the proper Federal Registers.

g. This will vary depending on when the problem is completed.
	
2. a. C.F.R., Federal Register and looseleaf services

b. This will vary depending upon the student. Suggested answers include:

First Strategy
Brainstorm for terms and agency names. Examples include Internal Revenue Service, estate property valuation, property value, value or worth.
Search the index under agency names and then under selected terms.

Second Strategy
Go directly to the title 26  - Internal Revenue Service and find the applicable regulation.

c. C.F.R.-
Search the index under the agency name and selected terms,
or search the titles for title 26 and find the applicable regulation
Federal Register-
Search the index under the agency name and selected terms.
Looseleaf services-
Find a looseleaf that deals with estate tax issues. Search the index for estate property valuation, property value, value or worth.

d. Estate property valuation, property value, value or worth

e. This will vary depending on when the problem is completed.

f.  Review the most current L.S.A., and then review the L.S.A. in the proper Federal Registers

g. This will vary depending on when the problem is completed.
 
3. State administrative code or daily register

4. a. State administrative code, daily register or looseleafs

b. Brainstorm for terms. Decide to consult the above sources

c. Administrative code and daily register

d. Doctors, physicians, healers, licensing, regulations or permits

e-g. Answer varies

5. a. C.F.R., Federal Register, and looseleaf services

b. This will vary depending upon the student. Suggested answers include:

First Strategy
Brainstorm for terms and agency names. Examples include U.S. Consumer Product Safety Commission, safety, children, toys, parts, or choking hazards.
Search the index under agency names and then under selected terms.

Second Strategy
Go directly to the title 16 and find the applicable regulation.

c. C.F.R.-
Search the index under the agency name and selected terms,
or search the titles for title 16 and find the applicable regulation
Federal Register-
Search the index under the agency name and selected terms.
Looseleaf services-
Find a looseleaf that deals with consumer safety. Search the index for Consumer Product Safety Commission, safety, children, toys, parts, or choking hazards.

d. Safety, children, toys, parts, or choking hazards.

e. This will vary depending on when the exercise is completed.

f.  Review the most current L.S.A. Then review the L.S.A. in the proper Federal Registers.

g. This will vary depending on when the exercise is completed.

Chapter 10
Computerized Legal Research

Aim

The intent of Chapter 10 10 is to acquaint your students with LEXIS and WESTLAW and to make them aware of the Internet, Dialog, and CD-ROM resources research potential of these resources.  

Teaching Methods

This chapter offers the basic concepts of on-line searching and explores the differences between LEXIS and WESTLAW.  Expertise is not gained in the classroom but by actually performing on-line research.  Encourage your students to practice as much as possible if your institution has academic accounts with LEXIS, WESTLAW or both.

Now that the Internet is used to access both Lexis and Westlaw, knowledge of proprietary software is not as important. as it once was.  Students who are comfortable with Internet searching will have no problem using the online systems.  They are now menu driven and very user friendly.  Students can navigate through the material with the browser commands that they are accustomed to.  

Request the librarian to obtain theHave the students use the simulated training programs from on LEXIS and WESTLAW so that your students can practice search techniques at their own pace.

Remind students that on-line searching is very costly outside of the academic environment and that any research done before going online will ensure more cost effective searching.

Answers to Text Exercises
1a.  Contract /p homeowner /p roof!
1b.  Answers will vary
1c.  Lien /p repair /p home!
1d.  Answers will vary

2. Look up Totten trust in a law dictionary
2b. “Totten totten trust”
2c. LEXIS Indiana library, incode file.  WESTLAW in-st.
2d. 28-1-20-1.1

3. a. Answers will vary according to the jurisdiction selected. Dental malpractice is an issue of state law. A sample quesry is: dent! w/p malpractice w/p bridge.
b. Answers will vary but students will have to read through the cases to ensure relevance.
c. Answers will vary. The objective is to get the students to always validate their research.

4. 
a. “Megan’s law”
4b. This will vary.
4c. The objective is to have the students validate their research.

5.   Although the students will possibly obtain 15 references to Am.Jur. 2d when searching on Westlaw or Lexis, this will vary depending on when the search is done and when the materials are updated. The objective of this exercise is to emphasize the importance of placing search terms in quotations when using legal terms constructed of more than one word to find the occurrence in a textually correct format. The other objective of this exercise is to teach the students how to evaluate the materials that they retrieve. Although a document may contain the search terms, you still have to read it to make sure that it answers the question. To find the sections of Am. Jur. 2nd referencing “easements in gross” construct the query as follows: “easement in gross”. It is important that the terms be placed in quotes because you want to search all of the terms and all of the terms together. Westlaw and Lexis do not ordinarily search the word “in” unless it is in quotes. Also, “easement in gross” is a legal term and you want to maintain its meaning when placed in the context of a document.

Chapter 11
Practice Rules

Aim
	
This chapter is designed to teach students about the rules of practice and how to find primary and secondary authorities that interpret these rules. For paralegals, this is an important area because they often must know about the practical details of filing documents and practicing before a court.

Teaching Methods
	
The best method is to use the library codes and deskbooks to show students how to use the rules and what the books that contain the rules and annotations look like. The methods are similar in nature to statutory research. Consult the Teacher’s Manual suggestions for Chapter 6.
	
Many of the workbook and text exercises can be done in class. Divide students into small groups and ask them to find special state and local rules for your state as well as federal rules of procedure and evidence. Next ask your students to find the same rules in the U.S.C.A. and the U.S.C.S. and to review the annotations that follow the rules.

Answers to Text Exercises
1. a. dismissals
b. Attorney deskbooks, U.S.C.A and on the Internet.
c. U.S.C. online.
 http://www.gpoaccess.gov/uscode/index.html

2. Attorney deskbooks, U.S.C.S., the Internet, LEXIS and WESTLAW. Note that the computer services as expensive sources for the rules.

3. Varies; but include F.R.E., F.C.R.P., F. Cr.R. P. and local rules and orders

4. Varies. U.S. Rules of Appellate Procedure and local rules

5. F.R.E., F.C.R.P., F. Cr.R. P. and local rules and orders

6. Varies; usually state civil procedure and local rules

7. U.S. bankruptcy rules

8. Attorney desk books

9. 12 (b) (6)

10. 56

11. Supreme Court Rules

12. Annotated codes, secondary sources such as the Federal Rules Service

13. http://www.in.gov/judiciary/rules/

14. http://www.sconet.state.oh.us/Rules/juvenile/JuvenileProcedure.pdf Error! Hyperlink reference not valid.15. http://jud11.flcourts.org/public_information/administrative_orders/lrulefamily.pdf

Chapter 12
Overview of Ethical Rules

Aim
	
This chapter is designed to introduce students to the ethical rules of conduct that impact a paralegal’s daily work. Although these rules do not apply directly to paralegals, they must be familiar with them and how to find case law that interprets the rules.

Teaching Methods
	
The approach to these materials is similar in nature to the approach to both statutory code and practitioners’ rules research. Review suggestions found in this manual for Chapter 6. Students understand the research techniques for such rules easily after they have been exposed first to statutory research.
	
Start with a general introduction concerning the rules and how they impact paralegals. Follow that with some in-class exercises. It is best to go to the library and show the students to the attorney deskbooks, the U.S.C., the U.S.C.A., the U.S.C.S. and additional materials that contains these rules, as well as secondary authorities that can assist them in understanding the rules.
	
It might be helpful to do the exercise included with the chapter as an in-class project. This will enable students to become familiar with the rules and the secondary sources. It is valuable to show students these volumes, the practical tips that they contain, as well as the books that contain local and other rules. Another treatise they should be introduced to if possible is Wright and Miller’s Federal Practice and Procedure.
	
One of the difficult concepts for students to understand is that federal rules only control federal courts and state rules control state courts. You might want to review some of the concepts discussed in Chapter 1 concerning separate sovereigns. Another challenging topic is local rules and orders. Students must understand that court rules change frequently and that paralegals must be familiar with these rules especially the rules for filing documents. Stress the importance of these rules and the practical information that they contain. If you are familiar with your local court rules and have classroom access to  the local rules, you might want to do an in-class exercise that requires students to determine how and when to file a complaint and what it must contain. You can divide the students into small groups if you have a large class. If your class contains more than 20 students, you might do this exercise by asking some groups to consider the requirements for the federal rather than the state court. Ask one group to determine what federal rules apply.. Ask another group to determine what local rules and orders apply. Ask another group to determine what state rules would apply and yet another group to find out what local court rules would apply to the state court filing. Ask the students to make a list and include a rule citation next to each requirement.
	
At the end of class, give the students an out-of-class assignment concerning the rules. Select one of the workbook exercises designed to be done with deskbooks or the statutory codes. If you do not care to use one of the workbook exercises, you might want to draft an exercise that requires students to find local, state and federal rules and cases interpreting those rules.

During the next class, review the exercises. You might want to give students a 10-minute quiz. Some of the exercises in the text make excellent quiz questions. A quiz is useful for you to determine whether the students grasped the concepts.

Answers to Text Exercises

1 through 4. 
ABA Annotated Model Code of Professional Responsibility (secondary)
	ABA Annotated Model Rules of Professional Conduct (secondary)
	Treatises (secondary)
	Looseleaf services (secondary, sometimes primary and finding tool)
	Digests (finding tool)
	Rules (primary) and cases (primary)
	The ABA web site ethics materials (secondary)	
The secondary sources should be consulted to understand the issue and find primary authorities. The looseleaf services will provide an understanding of the issue, primary authorities, and citations to primary authorities. The digests will provide citations to primary authorities. The rules and case are the primary authorities. This is the law.

Chapter 13
Practitioner's Materials

Aim
	
This chapter discusses practitioners’ materials - resources paralegals often approach in the course of their work. These materials are generally basic practice guides. As their name suggests, these materials are practical. Since most of the practical work falls to paralegals, you need to introduce them to resources that can facilitate their practice. This chapter, however, only provides an overview of some of these materials.

Teaching methods
	
The approach here is straightforward. You can discuss each of the resources mentioned in the text. However, this is an area that requires you to add a great deal about your local resources. Try to discuss any local resources that are especially helpful. If possible, show the students a copy of your local lawyers’ directory. Point to whether it contains any rules or phone numbers that might be helpful for paralegals.
	
Stress the continuing legal education materials. These are important, practical resources. If your state has an organization that provides this information, tell them about it. Mention that many bar associations have excellent reference materials. You also might mention that some bar associations allow paralegals to become members. This membership often allows paralegals to obtain bar materials and seminars at a discounted rate.
	
As with other materials, a trip to the law library will be beneficial. Show the students examples of the resources mentioned in the text if possible as well as local sources for your area. Some of the text and workbook exercises will make excellent in-class exercises. Divide the students into small groups and ask them to search the library for some of these answers.

Answers to Text Exercises

The answers to exercises 1 through 9 will vary.  You should ask students to print one page of the on-line exercises to ensure that they have completed the assignment.

10. The law school code 851 is for the University of Toledo College of Law.

Chapter 14
Research Strategy

Aim
Chapter 15 provides the students with research methodologies and checklists to consult in order to ensure thoroughness and accuracy.  Step-by-step techniques are highlighted as well as record keeping and reminders to update and to validate materials.  Hard copy and a combination of computerized and hard copy methods are taught because paralegals are exposed to a variety of resources.  The chapter instills confidence in the paralegal when confronted with a research project because they will have a flow chart to follow to ensure that the research is thorough and complete.

Teaching Methods

You can use any memo problem as a vehicle to teach your students research strategy.  After you assign a memo, ask your students to think about how they would research it.  Go over the research strategy in class and use the chalkboard to diagram it.  This is also a good opportunity to review Shepardizing as a way to validate primary resources and to review updating methods for statutes and administrative regulations. 

Tell your students that accurate record keeping and note taking may seem time consuming, but this process actually saves time later on.  During the writing process, students will not have to go back to the resources and recreate their research findings if they have records complete with citations.  

The students should also be told that the computerized resources do not provide all of the information they need to research a problem thoroughly, and they should not rely on the computer to fulfill all of their research needs.  Train your students to investigate hard copy resources because in the practice environment it is more cost effective.  

Devising a research strategy forces a review of the individual resources covered during the class.  Students must think about why they are consulting a specific source and what function or purpose that source serves.  This chapter provides a practical way to review legal research and a transition to legal writing.

Sometimes a single problem designed to tie together a variety of  basic legal research sources and skills will help the students both review and to understand the process of research strategy.  You can have the students actually do the research for the following problem or they can design their research strategy or they can do both.

In Class Problem:

Ms. Smith wants to buy a pawn shop in your state.  She wants to know if there are any state statutes dealing with pawn shops.  Also, please find 1 or 2 cases from your state discussing the duty that the pawn shop has to safe guard the goods.  These may be old cases. Use a legal encyclopedia and a digest to find the cases.   The answers  will probably focus on the level or type of bailment required of a pawn shop owners. Be sure to Shepardize any primary source materials and cite the authorities in correct format. 

Answer: The answers will vary according to the jurisdiction.  Jacobs v. Grossman, 310 Ill. 247, 141 N.E.2d 714 (Ill. 1923) is an excellent case that can be used as a starting point in research.  Regardless of jurisdiction, students can view Jacobs v. Grossman to obtain the West headnotes and then use the one good case method in your state or regional digest to find relevant cases.

Answers to Text Exercises
1. Jurisdiction, time frame to complete thefor assignment, format of document, and amount of time budgeted to work on the matter.
2. Benefit of record keeping is to be able to recreate your research at a later time and for citation purposes.  Accurate record keeping saves time.

Hardcopy Research
3. Outline of research plan. 1. Start with a general legal encyclopedia or state legal encyclopedia to understand the legal topic and to find the general rules. Obtain citations for the cases supporting the general rules. Validate the authority to update the cases and to see if still good law. Also, Shepardizing or KeyCiting will provide newer cases on point. Use the one good case method to find cases from the jurisdaiction relevant to the problem.

4.  Clark fact pattern
a.	Whether a housing allowance given to a minister or member of the clergy as part of a compensation package can be excluded from income?

b.  Start with the index to a national legal encyclopedia like C.J.S. or Am. Jur. 2d to educate yourself.  This is a federal tax issue.  Then go to an annotated United States Code index to find the section pertaining to taxing a clergy member's housing allowance.

c. (. 1) Legal encyclopedia that is national in scope - for self-education and to learn the vocabulary used to discuss the topic. Find the citation to the case that states the general rule or the relevant U.S.  Code citation.

Other sources -–(2) An annotated version of the United States Code because the Internal Revenue Code is part of the United States Code and the unofficial codes have excellent indices.  The unofficial codes also have annotations to cases.  Update the Internal Revenue Code provision which is in Title 26 of the U.S.C. and Shepardize the Code sections as well as any relevant cases. 
 (3.) A tax looseleaf service like the CCH Standard Federal Tax Reporter because the entries combine primary and secondary authority.  A researcher obtains cases, statutes, and administrative regulations.  In the area of tax law, Treasury Regulations are essential to the practice area.

Hard Copy and Online Research Combined

5. Answers to this question will vary depending on the issue and the jurisdiction. Also, if the jurisdiction that is relevant is outside of the student’s jurisdiction, more online resources will be used.

6. (a) First, a student should educate herself on the topic. A state legal encyclopedia, except for Louisiana, should have the pertinent law from the Uniform Commercial Code. The student should obtain the relevant code sections and citations to relevant cases. After obtaining the case and statute cites, be sure that the primary authority is validated by using Shepard’s or KeyCite. Update the statutes. Write down the correct citations for all resources that are on point. Consult the Bluebook or the ALWD Citation Manual to ensure that the citation format is correct.

(b) Read a legal encylopedia entry or a continuing legal education publication or a journal article on the topic. Use secondary sources to educate yourself. Consult the primary authority cited to find pertinent cases and statutes.

(c) Secondary Sources – either a state legal encyclopedia or a Uniform Commercial Code looseleaf service; these sources would be consulted to educate the researcher and to obtain citations to relevant primary authority.
Primary authority – cases and statutes. Be sure that the primary sources are from the appropriate jurisdiction.

(d) reject! or accept! /p defect! /s good

11.  The AV rating is the highest rating that Martindale-Hubbell will assign to an attorney.  The A is a rating of legal ability.  It means that the attorney's ability is very high to prominent.  The V is a general recommendation.  It means very high.  Among the items rated with the V notation are ethics and discharge of responsibility.

Chapter 15
Getting Ready to Write

Aim

Chapter 16 provides the students and practicing paralegals with writing methodologies and checklists to consult to ensure the creation of thorough, well organized documents.  The process method of writing is applied to the creation of legal documents.  The process method instills confidence and a sense of mastery in beginning writers.  Also, using a set process for writing enables students to overcome the fear of writing and to focus on the process rather than just the finished product.  This chapter takes the students through the research process and the pre-writing process and includes many hints to stay focused on the project.

Teaching Methods

Explain that the pre-writing process is a useful and efficient allocation of time.  The more time spent planning before writing, the more organized and thorough the final product.  The pre-writing process begins with the research.

Use the process writing paradigm established in the chapter.  Students gain a great deal of confidence when they can compare their work with a checklist. Checklists are helpful for writing students because writing does not feel as concrete as other subjects.  Underscore the importance of PURPOSE, AUDIENCE, OUTLINE, REVISION.

A useful exercise to apply the process technique is to handout a short memo in class and to see if students can extract the purpose and the intended audience as well as draw up an outline of the major points covered. Ask students to revise it to clarify ideas, organization, word choice and to make it more succinct.  You can either use an editorial or a short memo or create a few paragraphs for the assignment.  This in-class exercise will stimulate lively class participation and illustrate how process writing skills are applied.

Many of the skills addressed in this chapter should be revisited throughout the semester.  Review the application of PURPOSE, AUDIENCE, OUTLINE AND REVISION for each assignment.  Alert your students to the merits of revision and how the best writing comes from editing.

This chapter is revisited when teaching letter writing techniques. Audience and purpose are essential elements in effective letter writing.  Students should always consider the audience when writing letters and adjust their diction accordingly as well as the complexity and tone of the letter.  The purpose of the letter determines, often, whether the attorney will sign the letter or the paralegal.  If the purpose of the letter is to communicate legal advice or information that will cause a client to make a legal decision, then the attorney must sign the letter or the paralegal will be engaging in the unauthorized practice of law.

Using Statutes in Legal Writing

Although this is not covered in the text, you may want to include tips on how to use statutes effectively. Writing with statutes can be approached with the process method as well.  Students often have considerable apprehension when approaching a writing project requiring statutes.  Remind students that statutes are actually easier to read and to apply.  Generally, a statutory provision is shorter than a court opinion.  Also, students do not have to decipher facts and unearth holdings.

Find a simple battery or arson statute from your jurisdiction to use as an example.  It is easier to use a statute that outlines an offense that students can easily understand and visualize.

1. Have the students actually locate the statutory provision in its most current form.  This helps to refresh statutory research and to refresh updating techniques.

2.  Review statutory updating techniques. Checking the main volume, pocket part, and advance services are the basic sequence in updating.  Remind students to always check dates of volumes, pocket parts and advance services.  Use the annotated codes because the updating is faster.  Explain the differences between official and unofficial codes.

3. Validate the statute section. Validation differs from updating.  Validation of statutory authority indicates how a court applies the statute to see if there is compliance or if the statute is valid constitutionally.  Use Shepard’s or KeyCite to validate the statutory provision.

4.  Read the statute carefully and pay attention to each word.  Unlike cases, every word in a statutory provision generally has significance and usually lays out the elements.  Sometimes it is necessary to consult a separate provision for definitions.

5.  Outline the components of the statute. When a statute concerns a criminal act, the components are often the elements of the crime.

6.  Apply the statute’s elements carefully to the facts raised in the problem.
Outline the application of the statute to the facts of the problem.
Also, for the convenience of the attorney, attach a copy of the most current version of the statute to the memo.

7.  Cite the code section in correct Bluebook Rule 12 or ALWD Rule 14 format.

Answers to Text Exercises
Preparing to Write

1. Process method for writing allows you to start a project and to make sure that you conform to the structure required by the assignment.

2. Outlines ensure organization and an after the fact outline checks the organization of the document.

3. Purpose and audience should be determined prior to drafting a document because they establish the format of the completed document. For instance, when you need to persuade the other side that your client is right and the audience is the court, then you will draft a brief.

Hardcopy Exercise 
Process Writing Exercises

4. (a)Whether a housing allowance given to a minister or member of the clergy as part of a compensation package can be excluded from income?

(b)Start with the index to a national legal encyclopedia like C.J.S. or Am. Jur. 2d to educate yourself and then go to an annotated United States Code index to find the section pertaining to taxing a clergy member's housing allowance.
 
Legal encyclopedia that is national in scope - for self-education and to learn the vocabulary used to discuss the topic.

 An annotated version of the United States Code because the Internal Revenue Code is part of the U.S.C. and the unofficial codes have excellent indices.  The unofficial codes also have annotations to cases.  Update and Shepardize the code sections.

A tax looseleaf service like the CCH Standard Federal Tax Reporter because the entries combine primary and secondary authority.
(c) I. Minister or Clergy – tax status of residence in general
II. Housing Allowance – income or salary – Internal Revenue Code
III. Tax Concerns of Clergy’s residence when clergy member owns the residence

Process Writing Exercises

5.  Purpose of the letter is to inform Rev. Clark as to the law.
	Audience:  an educated individual who does not have a legal background.
	Outline of letter:  Introduction, Research findings, application of research to facts, advice,  conclusion.
I. Minister or Clergy – tax status of residence in general
II. Housing Allowance – income or salary – Internal Revenue Code
III. Tax Concerns of Clergy’s residence when clergy member owns the residence

6.   Purpose of memo: to educate attorneys as to all of the relevant law.
	Audience for memo:  individuals a possessing legal educations, possibly tax experts.

For a court brief, the purpose would change from an educational, objective document to one that is designed to persuade the court.  The Audience would also change because the judge would not have as much time so it would have to be more succinct.
In Class Exercise

1.Answers will vary.  Focus on the purpose and audience and how to determine tone, diction, and format.  Emphasize importance of outlining and revising. Help students determine the points that they are making and to be sure that each point is supported and that the analysis is advanced.

2.  Answers will vary in this exercise. It will help students recognize appropriate diction and how diction varies according to the audience.

	

Chapter 16
Clear Writing and Editing

Aim

This chapter is designed to assist students in honing their writing skills and polishing their work.  Students are shown how to write concisely and precisely.

Teaching Methods

Try to discuss editing each time a student prepares a written product.  Help them to edit the exercise.  One method is to use an overhead projector and edit work for the class as a whole on the screen. Another method is to use a Smart Board or a computer and edit exercises. Ask the students how to fix or tighten sentences.  Many of these exercises can be done in small groups or as a whole class. Have students edit each other’s work in small groups. 

Answers to Text Exercises

1.  When the parties agreed to the sale, neither party knew of the dresser’s contents. The seller’s mother, rather than the seller, owned the dresser. Although the seller’s mother was wealthy, the seller assumed that she didn’t own any jewelry. Because seller told the buyer that the seller didn’t think that his mother owned any jewelry, the buyer thought that the dresser was empty so he didn’t have any reason to open it. Therefore, the contract did not provide for a price increase if the dresser was filled with jewels.

“At a time when” becomes “when”

“The parties entered into the agreement of purchase and sale” becomes “The parties agreed to the sale”

It is important to note is omitted. It is unnecessary

Neither of them had knowledge becomes neither party knew

Contents of the dresser drawer becomes dresser contents

Because of the fact that can be eliminated. If students want to include the statement it should become because

Despite having a large income becomes wealthy

The seller had made the assumption becomes the seller assumed

Due to the fact becomes because

The seller made a statement to the buyer becomes the seller told the buyer

Of the fact that becomes that

His mother did not own any jewelry in the buyer’s thinking becomes the buyer didn’t think his mother owned any jewelry

He had no purpose for to make any further investigation or inspection of the drawers as he might otherwise have considered making becomes The buyer thought the drawers were empty so he didn’t have any reason to open them"

For these reasons becomes therefore

There was no provision in the contract for an upward modification in the payment to be made by the buyer to the seller becomes the contract did not provide for a price increase

In the event that becomes if 

This exercise provides an excellent opportunity to stress the importance of rewriting and editing. Students often will refine their work and tighten it. Tell them to look for words to eliminate each time they rewrite their assignments.

2.	The police report said the blood alcohol test showed a blood alcohol level of 1.7 and that the police did not find any swerve marks or brake marks on the street. The report also stated that the officer cited the driver for drunk driving.

3.  The personnel manager hired and fired the restaurant and golf course employees. The part-time accountant managed the bookkeeping and tax work for the two businesses.

4.	Candy Graham was an employee. She did not have an employment contract. She set her own hours and worked from home.

5.  C   It is the most concise statement.

Tightening exercises:
6. At 7:30 p.m. on May 4, 1992, the plaintiff, Lidia Gregory, was working about five feet from the street at 2099 Vista Drive in Phoenix while the children played nearby.

7. The blood-alcohol test at the scene of the accident showed that Ronnie Walden was intoxicated.

8. The road was dry and the skies were clear on the day of the accident.

9. The issue is whether it is a nuisance.

Screening for Legalese - Say it in English, please.

10.  In the previously mentioned case, the funeral home was not found to be a nuisance because the court held that the funeral home was reasonably located on the outskirts of the city.
 
11. The plaintiff filed the complaint with the court.

12. The affiant has nothing else to say. Better yet, just omit this statement at the end of an affidavit.

13. One party claims that the second person caused her to go out of business.

Active and Passive Exercises

14.  Ned and Wally Maine own two businesses. Two former workers are suing these businesses in federal court for sex discrimination. 

15. The Whole In One provided Cammy Ashton’s office supplies and office.

 16.	William Halsey controlled the funeral home.  Ivy Courier and Halsey jointly own the funeral home.

Chapter 17
Writing Basics

Aim

This chapter is designed to review grammar concepts and to teach students the importance of good writing.

Teaching Methods

The best way to approach grammar and writing concepts is to discuss them each time the students prepare a written assignment. One approach is to save this chapter for the end of the class session as a review for the students. Another approach is to introduce it earlier in the course. Both approaches have merit. Introducing these concepts early allows students time to review the material. The chapter provides them with a foundation in these writing concepts. However, the use of this chapter at the beginning of the semester often will cut short the amount of time students have to learn and practice legal writing. In addition, these concepts are difficult to teach to paralegal classes. Some students will have learned grammar concepts earlier. Others, however, will not have been exposed to these concepts. Students who have learned grammar earlier are often dismayed when an instructor spends a great deal of time teaching grammar concepts early in the semester. 

Discuss the examples in the text and the key words. Explain each of these concepts to the students. The first exercise is fun for students to do in class, and small groups are usually effective. Have a representative of each group write the result on the blackboard. The other exercises can be done in class. However, each student should do the remaining exercises to fully grasp the problems contained in each sentence. For additional in-class exercises and homework assignments, consult the workbook. The tightening and active and passive exercises work well as in-class exercises.

Answers to Text Exercises
1.	When many law firms and corporations are eliminating jobs to save money, paralegals may become more of an asset.

At a time when becomes when 

For the purpose of elimination from the budget excess expenditures becomes to save money

2.	Because paralegals’ rates are lower than attorneys, law firms and corporations may ask paralegals to handle tasks lawyers once performed.

The correct answer eliminates the passive voice and tightens the sentence.

Because of the fact is shortened to because. 

3.	Attorneys may ask paralegals to research cases or statutes to answer legal questions for cost-conscious clients.

The answer eliminates the passive voice and unnecessary words.

4.	An attorney may ask a well-trained paralegal to research a client’s question.

The answer eliminates the passive voice and unnecessary words.

5.	With attorney supervision, paralegals ethically can research legal questions.

This sentence is more concise than that in the text.

6.	The attorney must give the client the legal research results because a paralegal cannot provide legal advice.

This sentence is more concise than that in the text.

7.	In the future, some states may allow paralegals to practice independently. 

It is important to note is unnecessary.

8.	Try this schedule: shower, eat breakfast, drive to the train, go to work, and come home.

A colon rather than semi-colon should follow schedule. A comma should be placed after work.

9.	There is only one hour and thirty-five minutes left to voir dire, the judge stated.

This is a quote; therefore, quotation marks should surround the quotation. The proper verb is is.

10.	Among the defendants were Craig Fisher, David Michaels, and Mitchell White.

The correct verb is were.

11.	Within the course of the trial, the prosecutor will attempt to persuade you that the defendant committed the crime.

To persuade should not be split. Within the course of the trial is misplaced.

12.	The foreman, as well as half of the jury, was late for the afternoon court session.

Foreman is the subject. Was is the correct verb.

13.	Every one of the councilmen we have named to the commission wants to serve.

Wants is the correct verb.

14.	The heart of the trial is the witnesses.

The subject is the heart not witnesses. The proper verb is is.

15.	None of the players was willing to sign the contracts.

Subject verb agreement problem.
16.	The substance of Walter Mondale’s speech is more similar to Jimmy Carter’s speech.

The comparison must be made to a like item.

17. The tenants vacated the house.

Eliminate the passive voice.

18. The judge said to the jurors, “please refrain from discussing the case.”

19. Four of the five jurors were men. (These were Steer, Halsey, Grodsky and Eirinberg.)

20.  In her testimony, the witness said she remembered that the defendant asked her, “Do you have an aspirin?”

21.	These modems are shared with other subscribers. When other people are using it, the connection is the slower.

22.	It may be ideal to handle high-level legal work for a law firm from 8:30 a.m. to 5 p.m. Monday through Friday.

23.	The National Association of Paralegals said 12 percent of the law firms responded to its survey.

24.	At first, Mrs. Gerphart thought her son, Patrick, was dead because of the amount of blood and broken bones she saw.

25.	Not a sentence.

Chapter 18
Case Briefing and Analysis

Aim

This chapter is designed to teach students about one method of case briefing. Other methods might be useful. This is a basic format. Each of the components is discussed in detail and then students are provided with examples of each component. 

Teaching Methods	

It is helpful to discuss the components of a brief and then have the students read a short case in class and brief it as a group. This exercise can take about 45 minutes. Try the exercise with the employment discrimination case found in the text. Get students to focus on the underlying legal issues rather than the procedural issues. But be careful to examine the procedural issues and posture of a case because often this is unfamiliar ground for most paralegal students. Explain to the students how the briefs can be used with their research and writing projects.	

It is easiest to start with the facts for an in-class exercise. Students usually can determine the facts easily and are willing to share this information with their classmates. During your discussion, you might want to discuss which facts are relevant, legally significant facts and which facts are not important. Assign one or more case briefs to be completed outside of class. This exercise works well for writing students. You might want writing students to brief cases that might be the basis for a closed memoranda. If you guide your students through these briefs by reviewing them in class and then allowing them time to rewrite, the  memo will not be a threatening project.

Have students brief Kalal v. Goldblatt Bros., 368 N.E.2d 671 (Ill. Ct. App. 1977) as a homework assignment. After you review the briefs, discuss them in class.  You might want to use the facts situation listed in Chapter 4 as an example of a case in which such a brief might be beneficial.

The following fact pattern provides a way to start the process of case analysis.  Look up the Molitor and the Heuvelman cases and obtain the topics and key numbers.  Find a case or two from your jurisdiction with the relevant topics and key numbers (remember the “one good case” method of performing case research) and have the students see if they could apply the new decisions to the Smith fact pattern.  Compare the issues and the facts and see how they differ and are similar.
	
Mr. Howard Smith contacted Mary Dole, the senior partner of Dole, Dole & Dole
regarding the situation described below.

Howard Smith is a well regarding college administrator.  For the past 10 years he has been Vice President for development at State University, located in Springtown, Illinois.  He gained a national reputation for successful fund raising.  He also held the faculty rank of full professor with tenure.

In the spring of 2004, Prestige University of Urban, Illinois (200 miles north of Springtown), and a private university was looking for a new vice president for development.  Smith was encouraged by a friend at Prestige to apply for the position.  Smith submitted an application to Mark Clark, Prestige’s president.

Clark knew of Smith’s fine reputation, and immediately scheduled interviews with Prestige’s search committee.  The interviews went extremely well, and at the end of the day Clark offered the job to Smith.

Smith replied:”Well, I’m very flattered.  But frankly, it would have to be a major deal.  I’d be giving up a happy situation and a very secure position with tenure and all.”

Clark replied: “I think we can make you even happier.  We will offer you $200,000 a year to start, plus a new car. And I look forward to having you at Prestige University for the rest of your life.”

Smith responded: “ The money is great, but I am concerned about the job security and moving 200 miles.”

Clark retorted: “Like I said, I look forward to your presence at Ivy for the rest of your life.”

Smith immediately accepted the position at Prestige.  No written document was signed.  The men did shake hands immediately after Clark stated his acceptance.  

Smith soon resigned his position at State, moved to Urban, purchased a home for $500,000 and started his new position as Vice President for Development at Metro University.  However, within five months, Smith and Clark had several disagreements over fund raising strategies.  When the disagreements continued, Clark fired Smith, less than 10 months after the agreement was reached.

Smith wants to file suit against Prestige University for the breach of an oral contract for permanent employment.  Please assess whether a valid oral contract for permanent employment existed between Smith and Prestige University or whether the contract was terminable at will.

Answers to Text Exercises: 

Issues

1.  The best issue statement is “Whether the district court was clearly erroneous in determining that an insurance is an independent contractor rather than an employee when the individual is paid commissions and bonuses rather than a salary and her work is not supervised by the company.” However, this statement should have been prepared in the past tense. That is an important point to make.

The first statement does not contain any relevant facts. The next statement is too convoluted. The focus of the third statement is procedural questions rather than legal issues. The last statement is not a precise statement of the legal issue.

Holdings

2.  The last statement, “Yes. An employer must exercise control over a worker before that individual is considered an employee under Title VII,” is the best statement. However, it could be more precise and contain more facts. The other statements focus only on the procedural questions.

Briefing

3. 
Kalal v. Goldblatt Bros., 368 N.E.2d 671 (Ill. Ct. App. 1977)

Procedural Facts:

This case is on appeal from a jury verdict for the plaintiff in a breach of contract case.

Issue:

Whether the defendant upholsterer must pay damages amounting to the plaintiff’s unexpected expense for decorating his living room to match the furniture that he did not receive in the agreed on condition?

Whether the defendant upholsterer must pay the plaintiff damages for incorrectly upholstering his furniture?

Holding:

The defendant need not pay plaintiff damages for redecorating the living room when these expenses were not contemplated when the parties agreed to the contract.

The defendant must pay damages that would place the plaintiff in the same position he would have been if the furniture had been correctly upholstered.

Facts:
On June 26, 1974, the parties agreed that the defendant would upholster the plaintiff’s soft in a particular fabric within 6 to 8 weeks. The defendant picked up the sofa June 27. Eight weeks later, the defendant told the plaintiff at the original fabric was unavailable. The plaintiff agreed to select a new fabric and the defendant agreed to the original contract price even though the new fabric was more expensive. On September 18, 1974, about three weeks later, the defendant notified the plaintiff that the second fabric was unavailable. The plaintiff demanded his sofa back. But the defendant’s representatives persuaded the plaintiff to select another fabric.  The defendant promised to deliver the reupholstered sofa within 7 to 14 days after the fabric selection arrived at the defendant’s shop. The defendant promised to give the plaintiff a 20 percent discount off the original price.

On September 23, the plaintiff selected a third fabric. In the meantime, the plaintiff redecorated his living to match the new fabric. In November, the defendant delivered the reupholstered sofa in the wrong fabric.

The plaintiff filed a lawsuit seeking damages.

Reasoning:

As a general rule, a plaintiff cannot recover special damages such as the redecoration expenses from a seller because these damages were not contemplated by the parties when they agreed to the contract. In this case, the defendant did not know that the plaintiff planned to redecorate. Therefore, he cannot be liable for these expenses.

The proper measure of damages is the cost of remedying a defect or deficiency so that a plaintiff will be in the same position he would have been in if the contract had been properly completed. Also, the plaintiff should be compensated for the loss of use of his property.

Disposition:

The appellate court affirmed the judgment in favor of the plaintiff, but reversed the damages award and remanded the action for a new trial on the issue of damages.

4.  
Homework question
Brief of Kreiger v. Kreiger, 224 U.S. 555 (1948).

Citation: Kreiger v. Kreiger, 224 U.S. 555 (1948).

Procedure: This case is on certiorari to the Court of Appeals of New York.

Issue: Whether Nevada has the right to adjudicate a party’s rights in a New York judgment?

Facts: The parties were married in New York in 1933 and lived together in New York until separating in 1935.  In 1940, Mrs. Kreiger, the respondent, obtained a decree of separation on the grounds of abandonment in the New York courts.  Petitioner appeared at the action and Mrs. Kreiger was awarded $60 per week alimony and custody of their only child.
	
Mr. Kreiger, petitioner, went to Nevada and instituted divorce proceedings in Nevada in 1944.  Constructive service was made on Mrs. Kreiger, the respondent, in New York and she did not appear in the Nevada proceedings.  While the Nevada judgment was pending, Mrs. Kreiger obtained a court order in New York enjoining Mr. Kreiger from seeking the divorce and remarrying.  Mr. Kreiger was not served to appear in the New York case and did not appear.  The Nevada court had complete knowledge of the injunction for the divorce and the alimony decree by the New York court but still awarded Mr. Kreiger a divorce and had no provision in the decree for any alimony.  

Later, Mrs. Kreiger brought suit on the New York judgment in federal court in Nevada and without waiting for that judgment she obtained a New York judgment for the arrears in alimony.  Mr. Kreiger unsuccessfully pled his Nevada divorce decree as a defense.

Holding: Nevada had no authority to adjudicate Mrs. Kreiger’s, the respondent’s, rights in the New York judgment and New York was did not have to follow the Nevada’s decree regarding Mrs. Kreiger’s alimony.

Rationale: Based on the reasoning in Estin v. Estin.

Disposition: Affirmed.

5. Legal analysis exercise

Examine the issue in Seymour v. Armstrong.  The issue is whether the negotiations made between the parties amounted to a contract? Whether the offer and the acceptance were for the same terms?

The holding in Seymour stated that if there were conditions in the acceptance that were not in the offer, then there is no contract because the parties do not have a meeting of the minds.

The facts in Seymour are : Armstrong offered to pay 10 ½ cents per case for all eggs arriving by February 22.  Seymour responded on February 20, that he accepted the offer of shipping eggs at 10 ½ cents per case and will ship 450 cases.  The cases were no. 2 white wood cases and would cost an additional 15 cents per case or the cases should be returned or replaced.

The ABC Dress Co. and Frocks, etc. had a similar fact situation.  The offer of purchasing 50 dresses at $35 each did not include any additional charges.  However, ABC’s acceptance included shipping charges of $106.00.  The terms of the offer and the acceptance differed.  There was no contract between Frocks, etc. and ABC Dress Co.

Chapter 19
The Legal Memorandum

Aim
	
This chapter is designed to introduce students to an intra-office memorandum. They will be taught its purpose, a suggested format, and the process for writing such a memorandum. As paralegals’ responsibilities grow in law offices, they will be required to research and write such memoranda. This chapter is the first of six chapters that will teach students how to draft such a document.

Teaching Methods
	
This chapter is very straightforward. However, it is beneficial to review the material in class. If possible, discuss the memorandum found in Illustration 19-1 at this time. It will familiarize students with legal memoranda. If you have a memo of your own to show to your students, this is an excellent place to do it. Review examples found in the Appendix. Students need to learn that memoranda can be done in a variety of formats. It is helpful to show them transparencies or a slide show of examples in varying formats. In this way, they understand that some alternative organizations for their memos are acceptable. For example, some attorneys require paralegals to list the facts statement first. Others, however, want the conclusion placed at the beginning of the memorandum. The arrangement of the different memo sections will vary according to a firm’s or attorney’s style, and students must understand that.  Special attention should be paid to the checklist and hints that are found at the end of the chapter.  The exercises are designed to be used in-class to stimulate a discussion or can be used as a short quiz. Use these questions to stimulate discussions. Discuss why a memo is objective and why both sides of the facts and issues should be presented. Carefully review the ethics alerts and drafting tips with students. The ethics alerts are especially important because legal writing is an area where paralegals may easily step over the line between stating facts and a legal opinion.

This chapter provides examples of each component of a memorandum. These examples can be used  often during your discussion of memo writing. Also, tell students to refer back to these samples when they are in doubt about how to structure some of these components. The upcoming chapters will focus in detail on the drafting of each memo component. This chapter is simply an introduction.

The steps for drafting a memo are designed to be easy to follow. Ask students to refer back to these steps when they are completing their memos. Ask them also to review the checklist at the end of the chapter each time they complete a memo.
	 
Answers to Text Exercises
1. False. An intra-office memorandum should be objective.

2. False. A memorandum should present both favorable and unfavorable facts.
3. True
4. False. Discuss the memo audience and when a client might read the memo.
5. False
6. Heading, Facts, Issue, Brief Answer and/or Conclusion and  Discussion.

Chapter 20
Questions Presented and Conclusions or Brief Answers

Aim
	
This chapter is designed to introduce students to questions presented, issues, brief answers and conclusions, and the process for drafting such memo components.

Teaching Methods

The best way to teach students to draft questions presented, issues, brief answers, or conclusions is to require that they do it. One suggestion is to review the process during your class time by discussing the text examples, and then you can assign the exercises to be done at home. After the students complete the exercises and you have graded them, place them on transparencies or type both a good and bad example to be photocopied for distribution to the class. Project examples on the  board either using transparencies or a computer. It works extremely well. However, students might be sensitive about having their work shown to the class. Please let them know about your intention in advance.
	
When you share students’ work, you can  show the entire class line by line editing. This is beneficial because students often make the same mistakes as their peers. In addition, students should be shown good student examples. This will encourage them because they will see that students can complete the work successfully.
	
After you have reviewed this project and subsequent projects, allow students to rewrite them for the next class. This will encourage them to review their work and it will help them to hone their skills.

This chapter illustrates how to write a first draft and then how to edit and refine that draft. A facts situation is presented in the Randall v. Kahn case. Students first find a bare bones question presented. Later they are shown how to add legally significant facts to the question presented and how to determine legally significant facts. Examples of rewritten questions presented are included. In this way, students can see the development of questions presented and can apply that process to their own assignments.
A short example at the beginning of the chapter works well as an in-class exercise. The legally significant facts should be obvious to your students without research as this is a typical slip and fall case.

Another  exercise focuses on Illustration 20-4. The explanation for the illustration is provided for the students as well as the instructors. In that way, students can return to this illustration to help guide them in drafting future questions presented.
	
If you have additional class time, exercises at the end of the chapter work well as a in-class assignments. In class, discuss the statute. Have students work with you to find the elements of the statute. The following elements are relevant to this problem:

1) Entering a building or a house 2) by force or by deception 3) for the purpose of committing a theft and 4) had a deadly weapon or instrument, device or thing capable of inflicting death or designed or specially adapted for use as a weapon or the structure is the permanent or temporary dwelling of a person. 

Divide large groups of students into small groups of no more than four students. Have them read the facts situation and the statute. Next, ask them to draft a question presented for Bill’s entry into the Mason’s hall. Ask one group member from each group to write the question on the board. Review each draft. Students will learn from their peers while they work in groups. You can assist the groups by walking from group to group and offering suggestions. One benefit of this exercise is that students will see that there are multiple ways to draft a correct question presented. You will find a sample question presented below.
	
You could also ask students to draft a conclusion for the same issue.
If your students will be drafting a conclusion in class, make a list of legally significant facts based upon the elements. Have the students help you with this list.  Take your list of facts and place the relevant legal element in parentheses. Such list might be as follows:

Entering The Mason Hall (entering a building)
Entering wearing a fake face (entering by deception)
Entering by telling the guard she lost a brooch (entering by deception)
She planned to steal money; she told Halsey about it (intent)
Carrying a crow bar (device capable of inflicting death)* This last fact might be discussed because the students might disagree about whether this meets the legal element.

In this case, Bonnie Bill entered the Mason Hall by deception using a fake face. She therefore satisfied two elements: she entered a building and she used deception. She entered with the purpose of committing a theft. So she satisfied the third element. The final relevant element is whether she was carrying an instrument, device, or thing. You will find a sample conclusion below.

Then, assign the remaining exercises to be completed at home. Review these completed projects. Share your review with the students. 

Answers to Text Exercises
Short Answer
1.	It is the answer to the question presented.
2.	It is a shorter statement.
3.	A question.
4.	Four
5.	It focuses the reader on the applicable legal standards and the relevant facts.
6.	It provides the reader with the bottom line answer to the discussion issues.

Questions Presented
7. 

Was Bonnie Bill guilty of aggravated burglary when she returned to the Masonic Temple, wearing a fake face and carrying a crow bar, and took money from the safe?

Was Bonnie Bill guilty of aggravated burglary when she went to Alice McKinley’s home, entered the house, and took a pearl necklace?

These answers incorporate the relevant facts and some of the legal standards. The legal standard for aggravated burglary is provided in the statute shown as 2911.

8. 

 Was Halsey guilty of aggravated burglary when she entered the factory drunk and considered taking money from the petty cash drawer, and then threatened a security guard with a squirt gun and a letter opener capable of inflicting death?

Again, have students make a list of the legally significant facts. Ask them to match the facts with the elements.

 First Conclusion

9.  To be guilty of aggravated burglary, an individual must enter a building with the intent to commit a theft and either inflict harm on another or carry a deadly weapon or a dangerous ordinance. Bill entered the Masonic Temple by deception while wearing a fake face and carrying a crow bar, a dangerous ordinance. She intended to take money from the safe when she entered the building. Therefore, Bill is guilty of aggravated burglary. 

To be guilty of aggravated burglary, an individual must enter a building with the intent to commit a theft and inflict harm on another or have a deadly weapon or dangerous ordinance or enter a residence. Bill intended to and did enter Alice McKinley’s home, a residence, and took her brooch. Therefore, Bill is guilty of aggravated burglary.

10.  To be guilty of aggravated burglary, an individual must enter a building or a residence with the intent to commit a theft and either inflict harm on another or have a deadly weapon or dangerous ordinance.  She told Halsey she entered the building to borrow money rather than take money from someone and she was drunk. Therefore, she lacked the intent required to commit aggravated burglary.

Note the IRAC paragraph format these conclusions employ.

11.   List of Legally Significant Facts

~Panhandle often stayed at the Hospitality Resorts.
~Most advertisements stated that the hotels were independently owned and operated. 
~Some ads, such as the one that appeared in the Doctor's Weekly, which Panhandle read, did not state that independent owners owned the London hotel.
~That ad boasted about the resort. "We care about you. We take care of you. We take care of your home - our resort." 
~Hospitality Resorts actually was a trade name.
~The company who licensed the name Hospitality Resorts to other hotels was called Hospitality Resorts International, Inc.  (HRII), your client.
~Hospitality Resorts licensed the trade name of Hospitality Resorts to Fred and Ethel Carrigan of London, England for use in a hotel there.
~The Carrigan's called the hotel Hospitality Resorts of London. As part of the license agreement, Hospitality Resorts provided training to the staff.
~The Carrigans hired and fired the staff.
~HRII had no authority to hire and fire staff.
~Panhandle did not know anything about the training or the connection between the London hotel and HRII.
~HRII provided operations manuals and suggested procedures and menus.
~Personnel from HRII regularly traveled to London to advise the hotel employees about their jobs.
~HRII had no ownership interest in the London hotel. HRII was not authorized to act on behalf of the hotel nor was the hotel authorized to act on behalf of HRII.
~The license agreement between HRII and Hospitality Resort of London only provided for HRII to provide its name Hospitality Resort to the London hotel as well as some manuals and technical assistance.
~It did not authorize the London hotel to act as its agent and HRII was not an agent of the London hotel.
~HRII did include the Hospitality Resort of London in its list of Hospitality Resorts.
~That list appeared in many ads as well as in a brochure.

The issue or conclusion for this problem will vary, but will focus on using the facts above and integrating them with the issue of apparent agency liability. The following statement can be the bones of a conclusion. “A hotel can be an apparent agent of a corporation that licensed its name to the hotel, advertised on behalf of the hotel and provided operation manuals to the hotel.” The legally significant facts from this case should be added and highlighted.

Chapter 21
Facts  

Aim

This chapter is designed to explain the purpose of a fact statement and how to draft one. Students will learn about legally significant facts and the difference between a fact and a legal conclusion. They should also learn various organizational formats for such statements.

Teaching Methods

This chapter is an important one because paralegals are often asked to draft fact summaries of witness interviews or information gathering assignments. The techniques learned in this chapter will assist them in those tasks as well as in drafting facts statements for memoranda.

As with the previous chapter, examples are provided throughout the chapter to help students visualize the process of drafting a facts statement. Solid examples of organization of facts statements are provided. Then the chapter discusses and illustrates in detail how to draft a facts statement. Students are shown a first draft and then taught how to edit that draft and refine and further organize that statement.

You are provided with a facts scenario concerning a slip and fall throughout the chapter. It is helpful to use this incident to teach students about legally significant facts. Change the facts scenario slightly. For example, add some information about the clothing Rebecca Harris wore or what she ate for breakfast. Then ask the students whether such information amounts to legally significant facts. You might suggest that Harris wore three-inch heels or that she was running. Now ask whether those facts are legally significant.

Next, students should be shown the difference between facts and legal conclusions. This is a difficult concept for some students. You might discuss the example shown in the text. Another idea is to alter the fact statements shown in part B Organizing the Facts Statement. For example, read to the students the last sentence in the second paragraph of Illustration 21-1 as altered below:

The maintenance staff carelessly neglected to mop the floor at any time during the day. Ask the students whether this is a fact statement or a legal conclusion. Explain that the words carelessly and neglected are legal conclusions rather than statements of facts.

Similar revisions can be made to the other facts statements shown in Illustrations 21-2 through 21-6.

You also could do exercises 11 and 12 at the end of the chapter in class. Ask students to read the facts scenario and then review the statute with them. Show the students how to break the statute into a list of elements that they can later check against the facts. In this case, the statute should be broken down into the following elements:

Buyer
Seller
Buyer’s Reliance upon Seller’s Expertise
Seller’s Knowledge of Buyer’s Particular Purpose for purchasing the product.
A purchase was made.
The warranty was not excluded.

Next divide the students into small groups. Ask the groups to draft a list of legally significant facts. Discuss the students’ lists.  Ask them to match the facts with the legal elements. See the answer later in this chapter with the element listed in parentheses.
	
Exercise 12 is designed to help students distinguish objective facts from persuasive facts. Discuss these writing exercises in class. Ask students to make a list of the words that indicate that the fact is not an objective fact.

Next discuss organization of a facts statement. These organizational forms can also be applicable to other factual memos and summaries paralegals may be asked to write. It is helpful to begin with chronological organization because students easily grasp this type of organization and the reasons for using it. You might want to do an in-class exercise with the students using the chronological facts statements. Make a list of the facts on the board. Show students how each fact flows from the previous fact in the chronological facts statement. Make a similar list for the other statements. For the issues statements, discuss how each fact is related to a particular issue. For example, Illustration 21-3 involves a question of attorney-client privilege. Often the assertion of that privilege turns on whether an individual is a decision-maker. The focus on the second paragraph is whether a former decision-maker such as Irl can assert the attorney-client privilege. The facts mentioned all relate to Irl’s status as a former employee and a decision-maker. The final paragraph concerns Tildy. The issue in this paragraph is whether Tildy, a current employee, is a decision-maker who can assert the attorney-client privilege.
	
Next focus on Illustration 21-4. Discuss how the last three paragraphs concern different parties.
	
Your students are now ready to begin drafting facts statements.
	
To provide students with in-class practice in drafting, divide the class into small groups of three or four students. Ask them to prepare a facts statement for the facts listed in exercise 11. If possible, ask them to write the statements on transparencies. If not, use the blackboard for these statements. Critique them in class.
	
Your students now should complete exercise 13. Review these statements in class.

Ask students to do exercise 14. Compare several of your students’ best facts statements with the statements in exercise 14. This comparison can help students understand that they can draft good facts statements in many different ways. If you think that it would assist your students, you might ask small groups of students to make a list of elements of intentional infliction of emotional distress and a list of legally significant facts.  Such lists could be prepared in small groups in class. 

A list of the elements might be as follows:

An Act committed by a person
An Act that is extreme and outrageous conduct
An Act that is done with intent to cause emotional distress
An Act that results in emotional distress and injury to another
Emotional distress is manifested with a physical problem.

Before students prepare a list of legally significant facts, they might draw a diagram of what happened. This might help them visualize the accident. 
	
After the students draft a fact statement individually or as a group, ask them to rewrite it. Again this will further develop their writing skills and heighten their awareness of the mistakes they may have made in their first draft.
	
If you think that your students need additional opportunities to draft facts statements, use the problem in Chapter 20 concerning Bonnie Bill and Merriweather Halsey. Ask them to draft a facts statement concerning those individuals. 	

Short Answers
1 through 10 are designed to be brief in-class review questions. All of the answers are readily available within the text.
Answers to Text Exercises
11. List of Legally Significant Facts:
	Sue A. Buyer, client (plaintiff)
	Lee. R. Merchant, seller (defendant)
	Manny U. Facture, seller (defendant)
	Buyer purchased mower manufactured by Manny U. Fracture
	(A purchase)
	Buyer purchased the mower from Lee. R. Merchant
	Buyer did not know anything about mowers; She never operated one before her purchase
	Buyer told Merchant she did not know anything about mowers (Buyers Reliance on   	Seller’s Expertise)	
	Merchant claimed to be an expert; He had been in business 40 years (Reliance)
	Buyer told Merchant she wanted the mower to mulch grass so clippings could stay on the 	lawn (Sellers knowledge of Buyer’s Particular Person)
	
	Merchant told Buyer what mower she should buy (Reliance and Knowledge of Purpose)
	Merchant did not disclaim implied warranty (Disclaimer)

12. These answers will depend upon the students’ high school experiences. When you critique these statements, ask the class to tell you the words that slant the experiences. Explain that these words change a statement from an objective one to a persuasive statement. 

Drafting Facts Statement

13.  On August 12, 1993, Janice Kahn filed a lawsuit against Ronnie Randall for intentional infliction of emotional distress stemming from accident involving Kahn's 11-year-old son.

On July 8, 1993, Janice Kahn was weeding her tomato garden while her children played t-ball a few feet away from her in the street. As she worked, Kahn heard a car swerve. She looked up to see her son, covered in blood, lying on the ground in front of a Cadillac driven by Ronnie Randall.
	
Two neighbors witnessed the accident. Rebecca Mark saw the driver, Ronnie Randall, turn the car toward Kahn's son. Rhonda Albert saw the car strike Kahn's son. According to Albert, after the car struck the boy, Randall got out of his car and said "Oh my God. I didn't mean to hit him. Is he OK?"
	
Albert also could smell alcohol on Randall's breath. Police tested his blood alcohol level and found that it was .11. Police cited Randall for drunk driving, speeding, and reckless driving.
	
After police arrived, an ambulance took Kahn and her son to the hospital where he was treated for head injuries and broken bones. The doctor who treated Kahn's son told Kahn that she should be treated for shock. Since the accident, Kahn has been unable to sleep because of nightmares about the accident. She vomits daily. Her doctor said that the vomiting and nightmares are the result of the accident.
	
The driver of the car involved in the accident was Kahn's former boyfriend. They had dated for ten years. However, Kahn broke off the relationship about two weeks before the accident. Kahn stated in her deposition that she believes that Randall intentionally struck her son to pay her back for ending the relationship.
	
Also, two days before the accident Albert heard Randall say that he planned to get even with Kahn after Kahn broke off her 10-year relationship with Randall. However, the police report stated that Randall said that he was daydreaming during the accident and that he did not mean to hit the child. Since the break-up, Kahn has seen Randall often swerve down the street in front of her home. Two weeks before the accident, Randall hit Rhonda Albert's son with his Cadillac at the same curve. 

Review of Facts Statements  

14.a. This example does not include all of the relevant facts.
In addition, it fails to specify the names of the parties.

b. This example is too disorganized. It jumps back and forth between the accident and facts related to the issue of intent.

c. This example contains legal conclusions such as that Randall was legally drunk. It also contains legalese "a Ms. Albert." The example is also disorganized and fails to include some of the relevant facts.

d. This is the best example of a facts statement for this case. The first paragraph introduces the claim. Most of the statement is written in chronological order and details what happens in the accident. The two paragraphs at the end of the statement focus on the relationship between Kahn and Randall and the question of whether Randall may have intentionally committed these acts.

Chapter 22
Synthesizing Cases and Authorities

Aim

Synthesizing primary authorities is a sophisticated skill that students must acquire to become effective legal writers.  Often more than one case holds similarly or a case will expand upon a statute; students must combine related legal rules into a coherent statement of the law.  This chapter trains the students' thought process by making them examine the similarities and differences of various legal rules.  Effective synthesis of authority takes much practice, but this chapter makes students aware of its purpose and function and provides basic tools that they can use.

Teaching Methods

This is a difficult topic on which to lecture.  It's useful to have students analyze examples of good and poor synthesis.  The "Step-by-Step Process to Synthesizing Legal Rules" is a helpful checklist that you should encourage your students to rely on.  Go over the examples of the cases.  Have the students try the problem following the step-by-step process detailed in the text.  Review the students' answers and compare their answers with those provided in the text.  If time is available, have the students do the synthesis exercise that combines a statute and a case.  Review their answers in class.

Assign the exercises at the end of the chapter as well as the workbook exercises to reinforce this important skill.  Synthesizing primary authority does not have to be taught at only one time during a legal writing course.  You can have the students synthesize cases earlier in the semester and then, when their writing skills have become more proficient, you can have them synthesize cases and statutes.

Often students resist synthesizing authority. Explain to students that synthesizing rules avoids repetition in their memos and consequently makes their writing more interesting.

Answers to Text Exercises
1.  We synthesize authority to combine legal rules to create a coherent statement of the law.
2.  Four types of synthesis are based on: primary authority, reasoning, facts, and causes of action.
3.  Steps required : Brief decisions, ; outline problem, ;relate research to legal issues raised, ; under each issue, organize your primary authority by hierarchy of authority, ; compare and contrast holdings and statutes, ; formulate a statement of the law, ; use correct citation format.
4.  Whether Jones, by continuing to use the truck for more than a reasonable time after noticing its defects, failed to reject the truck by not notifying Grimy as to the defects?  A buyer of goods must alert the seller as soon as he discovers that the goods are not as agreed on.  Case A.  To meet the requirements of an effective rejection, the buyer must reject the goods within a reasonable time and seasonably notify the seller.  Case B. Otherwise the buyer waives the right to rescind the contract. Case A.  Jones purchase the used truck from Grimy's on November 29, 20002008.  Jones used the truck until November 13, 20012009, when he noticed that certain parts were not in the condition contracted for and that other parts were defective.  The defects caused the truck to break down.  Jones made repairs to the truck on November 13, 20012009, and then again on December 13, 20012009, and December 16, 20012009.  Jones did not notify Grimy's as to the defects for over 13 months.  Jones cannot reject the truck because he continued to use the truck for over 13 months, more than a reasonable time, after becoming aware of the defects and did not alert Grimy's in a timely manner as to the problems.

5. What legal access permits the carpenters and contractors repairing the gutters on the Moore house to enter the adjoining property belonging to Mrs. Kandler?  When an owner of a single family residence needing to make repairs must access the adjoining property to do so, and the adjoining landowner prohibits such access, then the owner of the single family residence may bring an action in court to compel the owner of the adjoining land to permit entry for the purpose of repair and maintenance.  Ch. 12 ' 99.  This statute avoids the need to obtain an easement to enter adjoining land when the sole reason for the right of way is to make repairs on a single family residence.  Case Y.   The Moores are owners of a single-family residence.  The Moores want to repair the gutters on their house.  There are eight feet between their house and their neighbor's, Mrs. Kandler's, house.  The Moore's contractors and carpenters must enter the Kandler property to work on the gutters on the north side of the house.  Ch. 12 ' 99 provides the Moores with the right to access Mrs. Kandler's property for the purpose of making the repairs.

Reinforcement Exercise
6. Answers will vary for this exercise. The objective is to get the students thinking about synthesizing authority in their documents and to follow the steps outlined in the chapter to perform this task. Take this one step further and have the students compare their original work with the document employing rules synthesis. Underscore how the subsequent document flows.

Chapter 23
The IRAC Method

Aim

This chapter provides the students with a writing model to use when drafting the objective memo discussion.  The objective is to introduce the IRAC format and explain how to conform a legal discussion into this mechanical structure.  A student's facility and comfort with the IRAC format is gained through experience. Of course, the IRAC format here is a bit more rigid than in practice. Students should learn the basic components and understand that there are variations on the format. Once a writer becomes more sophisticated and experienced, he will discover more subtle ways to use the IRAC format.

Teaching Methods

First, you must define the acronym IRAC for your students and explain its purpose and how it differs from other types of writing styles.  The next step is to distinguish the question presented from the issues in the IRAC sequences.  For purposes of illustration, rely on the arson hypothetical.

Use many exercises where students are required to label the individual IRAC components, the I, R, A, and C in the discussion.  This process helps them visualize how the IRAC format is actually used.  Start with a perfect IRAC sequence and have the students diagram it.  After the students gain some familiarity with the format, have them diagram discussions where the IRAC format is not used well.  Finally, you can have the students redraft sequences that digress from the IRAC format to make them conform.

This chapter can be referred to for each memo because the writing style will need to be honed throughout the course.  One exercise that is very helpful for students is for the instructor to photocopy various paragraphs from a memo assignment and have the students label and correct the IRAC usage.  I do this for every memo assignment and students say that it is very helpful. 

Answer to Text Exercise 

Short Answer
1. IRAC stands for: Issue, Rule, Application, Conclusion.  It is an acronym.

2.  The IRAC format is used to provide order to legal writing and to make sure that every premise is supported by law and by fact.

3.  Legally significant facts bear legal significance to the outcome of an issue.  Review the way that a judge uses facts to gain insight into the legally significant facts.

Diagramming  IRAC Components

 4.

I 	To be successful in a claim against Rough & Tough or Able Pawn, Ms. Howard would have to prove that Rough & Rought Tough was liable for the loss of  her ring.

R	First, for an action against Rough & Tough, she would have to show that they had no right to transfer her pawned property without her written consent. 	Illinois Pawnbrokers Act 205 ILCS 510/7 (19922006). If pledged property was transferred without written consent of the property owner, the pawnbroker can be held responsible for the loss or theft of pawned property because the property was in his safekeeping and was transferred illegally.  Jacobs v. Grossman, 141 N.E. 714, 716 (Ill. Ct. App. Ct. 1923).

A 	Rough & Tough did not get a written consent for the transfer of Ms. Howard’s property. In their defense, they could claim that written correspondence without written consent would be enough to inform the pawner of the transfer of her property. Second, for an action against Able Pawn, Ms. Howard would have to show negligence in its care of her pawned ring.

R	Illinois courts have ruled that in bailment for mutual benefit, the ordinary care of diligence that one would give to their own property would be adequate to avoid negligence. Id. at 715,  Bielunski v. Tousignant, 149 N.E.2d 801 (Ill. Ct. App. Ct. 1958).

A	She would have to prove that security system and a guard dog would not be ordinary care and diligence. In his defense, Mr. Able would argue that it was sufficient to be consider ordinary care and diligence.

R	For a claim against Village Jewelers to be successful, Ms. Howard would 	have to establish that she held a good title to her property because a thief 	cannot convey good title to stolen property.  Hobson’s Truck Sales, Inc. v. Carroll Trucking, Inc.,  276 N.E. 89, 92 (Ill. Ct. App.  Ct. 1971).

A	Village Jewelers, who purchased the ring from the robbers, could not have good title to Ms. Howard’s ring. Ms. Howard probably could have a successful 	claim against Rough & Rough and Village Jewelers.

C	She probably would not be able to prove Able Pawn negligent in the care of  her ring.

I	Whether a pawnbroker has the right to transfer pawned property or interest in that property without written consent of the pawnbroker?

R	Pawned property cannot be transferred within a year from the pawner’s default without written consent of the pawner. Illinois Pawnbrokers Act 205 ILCS 510/7.

R 	One Illinois court ruled that a pawnbroker had a no right to transfer plaintiff’s pledged diamond ring to another pawnbroker within a year of the 	plaintiff’s default of her loan, without written consent of the pawner. Jacobs, 141 N.E. at 716.

A	In our situation, Rough & Rough sold their shop and assets to Sam Able within two months of Ms. Howard’s pawning her grandmother’s engagement 	ring. Because the sale occurred within a year of Ms. Howard’s transaction 	with Rough & Tough, they had a legal obligation under the Illinois statute to require a written consent for the transfer of her property.

R	Also, the statute states that the time period for requirement of written consent for transfer of pledged property is established from the time of the pawner’s default. 205 ILCS 510/7.

A	Our client has not defaulted, and she deserves at  least all of the rights offered by the statute to a pawner who is in default. Rough & Rough did send Ms. Howard a postcard notifying her that they had sold all the pawned items and outstanding loans, including her ring, but they did not get her written 	consent for the sale of her property.

C	Rough & Rough did not have the right to transfer Ms. Howard’s ring without her written consent, and the sale of her property was probably not a legal sale.

I	Whether a postcard sent to a pawner by a pawnbroker would be sufficient 	notice for the transfer of pawned property?

R	Personal pawned property cannot be sold by the pawnee within one year from the time the pawner has defaulted in the interest payment unless the pawner has given written consent. Illinois Pawnbrokers Act, 205 ILCS 510/7.

A 	The statute uses a definite and clear term: “written consent.” Ms. Howard did not default, and she would have at least all of the rights of a pawner that did default. Therefore, the pawnbroker was required to receive her written consent before transferring her property.

C	A postcard with written notice of a sale of pawned property is not a written consent by the pawner and would probably not be sufficient notice to constitute a legal sale.

5.

I	Are the Blacks entitled to special damages from Comfy Furniture for the cost of the redecoration of their living room?

R 	An Illinois Appellate Court decide that the nonbreaching party should be put back in the position that they were in when the contract was formed. Kalal v. 	Goldblatt Bros., Inc., 368 N.E. 2d 671, 673 (Ill. Ct. App.  Ct. 1977).

A	The Blacks stated their intention at the beginning concerning the fabric, the redecoration of the living room, and the family reunion. This fact was a part of their original position. The living room was redecorated. The furniture was delivered; however, the fabric was incorrect.

C	Therefore, the Blacks have a right to recover consequential damages for the cost of the redecoration of their living room because the end result was not achieved: correctly upholstered furniture, newly redecorated living room to match, and a new living room look for the reunion. The conditions of the original contract were not met, and there was a breach of contract  
as embodied by the incorrectly upholstered furniture.

I	Under contract law, what damages are the Blacks entitled to pursue?

R	Damages for breach of contract should place the plaintiff in a position he 	would have been in had the contract been performed. Kalal, 368 N.E. 2d at 671. The plaintiffs in Kalal received a sofa that had been reupholstered in the 	wrong fabric after numerous delays, during which they had chosen three 	different fabrics in succession. Id. The court held that the defect could be 	remedied by the cost of reupholstering the sofa in the proper fabric. Id. at 674.

A	The Blacks; soft and loveseat were improperly upholstered. Comfy Furniture upholstered their furniture with the reserve side of the fabric showing.

C	Therefore, they were entitled to damages equal to the cost of upholstering 	their furniture correctly.

A 	However, the Black’s situation is distinguished from Kalal in that their furniture was delivered before the date set in the contract, and it can be argued by Comfy that there was time to remedy the defect before their target 	date of Thanksgiving.
I 	Are the Blacks entitled to compensation for the loss of use of their furniture?

R	The question of compensation for loss of use of the furniture was considered by both parties in Kalal to be appropriate since the plaintiffs in the case were without their furniture for several months while waiting for it to be reupholstered. Id.

A	The Blacks have been similarly inconvenienced in that they, too, have been without the use of their new furniture.

C	Thus, they are entitled to compensation for the loss of us of the furniture.

A	However, it can be argued by Comfy Furniture that the furniture in the Kalal case was used and had been removed from the home for the purpose of reupholstering it. Id.

C	In the present case, the furniture  was new and had never  been in the Black’s home, and Comfy may argue that the Blacks did not actually suffer loss of use of the new furniture.

I	Are the Blacks entitled to damages for the expense of decorating their living room to match the furniture they did not receive in the agreed condition?

R 	The redecorating of the living room in Kalal was not in the contemplation of either party at the time the contract was executed. Kalal. 368 N.E.2d at 671.

R	Subsequently, the court held that the only damages that were recoverable for breach of contract are limited to those which were reasonably foreseeable and were within the contemplation of the parties at the time the contract was executed. Id. at 674.

R	By the express terms of the Uniform Commercial Code, the court cannot follow ort theories to award damages. The legislative history of the U.C.C. indicates that contractual disputes should apply to the findings of the court. 	Moorman Mfg. Co. v. National Tank Co., 435 N.E.2d 443, 435 (Ill. 1982).

A	The Blacks only told Mr. Blaine that they needed the furniture to be completed in time for a family reunion. Comfy knew that the Blacks were under a time constraint for the delivery, but apparently there was no communication regarding the redecorating of the living room.

A	With regard to Comfy Furniture, the redecorating of the Blacks’ living room was an unforeseeable event and consequently they would not be held responsible for the expense.  Because the fact that redecorating of the living room was unforeseeable, it was not included within the terms of the  contract.

C	Therefore, Comfy only breached the express terms of the contract. The Blacks probably will not be awarded compensatory damages.

6. 

	Can the plaintiffs show that their attorney’s failure to attend hearings was exclusable excusable neglect? Fed. R. Civ. P. 60 (b) provides relief from judgment if the plaintiffs can show that a mistake was made or that there was excusable neglect on the part of their attorney.  This relief is an extraordinary remedy, granted only in exceptional cases. Harold Washington Party v. Cook Cty. Illinois Democratic Party, 984 F.2d 875 (7th Cir. 1993). Such relief will not be granted when parties do not “control” their “fate in the litigation.” See Zuelzke Tool & Eng. v. Anderson Die Casting, 925 F2d 226 (7th Cir. 1991). In Zuelzke, the defendant failed to file any pleadings after a third party told the defendant to refrain from defending against a claim because efforts were being made to have the defendant removed as a defendant. Id.  at 228. In this case, the plaintiffs’ attorney Mark Adly missed four court-set status hearings. He failed to appear or answer motions. Court status hearings are routinely held every three months. Based upon these facts, the court is not likely to provide for relief under Fed. R. Civ. P. 60 (b).

7.

I	 An important factor in determining whether a funeral home is a nuisance is the suitability of its location.

R	Funeral homes are generally located on the edge of purely residential, but not predominantly residential areas. Bauman v. Piser Undertakers Co., 180 N.E. 2d 705, 807 (Ill. Ct. App.  Ct. 1962).  A carefully run federal home may be located on a property zoned for business at the edge of a residential neighborhood. Id. 

A	The funeral home in this case is located in a predominantly rural area. It is outside of the boundary lines of the Up and Coming Acres subdivision. It is a lawful business located on a parcel zoned for business.

C	The funeral home is in a suitable location.

8.  

This is a more advanced method of using IRAC.  Here the students can state all of the issues and then the legal rules. This can be followed in the next paragraph with a comprehensive statement of all the applicable facts and then the conclusions.  The answer can be modified if one issue is emphasized.
This is an excellent exercise to do with the class to reinforce synthesis skills as well.
I	Did Harveys Restaurant, by promising the entire party room and failing to 	provide it, breach their contract with the Mortimers? Also, whether Harveys 	breached their contract with the Mortimers by substituting imitation crab 	meat for genuine?

R  	“When parties enter into a contract for the performance of the same act in the future they impliedly promise that in the meantime neither will do anything to harm or prejudice the other inconsistent with the contractual relationship they have assumed . . . If one party to the contract renounces it, the other may treat the renunciation as a breach and sue for damages at once.”  Pappas v. Crist, 233 N.C. 265, 25 S.E.2d 850 (N.C. 1943).

A	The Mortimers reserved the party room at Harvey’s Restaurant for a reception and gave a $500 deposit for the use of the room, the food and beverages.  The party was scheduled for November 3. On October 20, of the same year, Mrs. Harvey alerted the Mortimers that the party room would be unavailable due to construction and to compensate, she would lower the cost per person for the party from $62.50 as agreed, to $57.50 per person.  Although Mrs. Mortimer did not feel that the substitute arrangements were suitable, she had already sent out the invitations and must then alter her plans, unwillingly. Mrs. Mortimer accepted the new arrangements of $57.50 per person with the reception to be held in the dining room.  The menu specified lump crab meat and imitation crab meat was substituted without alerting the Mortimers.  Mrs. Mortimer did not renounce the new offer of the reception at the adjusted price of $57.50 per person but rather accepted it.  However, the substitution of imitation crab meat for genuine was not discussed.

C 	The Mortimers did not renounce the altered arrangements for the party site and but rather accepted new terms for the new space. The Mortimers were not informed, though,of the substituted fish, and did voice their objection in a timely manner.  The Mortimers can not claim that the Harvey’s breached 	the contract for failing to provide the party room but can seek damages for 	the replacing lump crab meat with imitation.

9.  This IRAC exercise is basically an after the fact outline to ensure that IRAC format is followed. Answers will vary. This exercise can be performed in conjunction with the skills taught in the Getting Ready to Write Chapter, Chapter 16.

This is an excellent way to reinforce the use of IRAC as an organizational structure that lends clarity and predictability to writing. Explain to students that law trained readers expect IRAC or some version of it. Law trained readers use the IRAC format as a checklist to be sure that the writer is presenting a complete summary, of the  relevant components from the case, in the memo.

Chapter 24
Outlining and Organizing a Memorandum

Aim
	
The purpose of this chapter is to teach your students the importance of organizing their research and their thoughts and the value of planning before they begin to write any documents. The chapter focuses on suggested outlining techniques. 

Teaching Methods

Students must understand that both outlining and preparing to write are important. Review some of the facts statements they completed earlier. Discuss how they might outline such statements. You also could review some case briefs and how these items could be outlined.
	
Next use one of your previous research projects to illustrate how to make a list of authorities for a memorandum. Review the list of authorities found in Illustrations 24-1 and 24-4. Compare these lists to the memos found in this chapter. Many of the Illustrations are designed to be interrelated You might want to show students how the authorities listed in Illustration 24-1 are included in Illustration 24-3 Review the outlines, tables of authorities and the memos. Discuss how to use each of these documents together and how to develop paragraphs from the outlines.

Do the in-class exercise involving Harris v. Sack and Shop. Help students prepare a list of authorities.
	
The next step is to discuss the importance of thesis paragraphs. You might want to review the elements of a thesis paragraph with the students. Try to use the sample memos to explain to students the organization of a thesis paragraph, especially IRAC organization. For example, compare the outline of the thesis paragraph for McMillan to that in Illustration 24-6. You should note that there are other organizational methods they might try, but that the IRAC method will ensure that they include all of the important elements of the paragraph.
	
Next, discuss the organization of an outline and selecting an order for the elements. Rearrange the order of the sample memos in the McMillan and the Whole In One cases so that students can see how the memos would be different with an alternate organization.

Following this discussion, teach students how to arrange an IRAC paragraph for each legal element that will be discussed.
	
Now review some of the outlines including the outline for a multi-issue memo. Discuss how to organize such a memo. Try doing exercise 5 of the text in class. Divide the students into small groups. Then ask them to develop an outline for the memo. Focus the discussion on the legal standard provided in the prevailing case George v. Jordan Marsh Co., 359 Mass.244, 268 N.E.2d 915 (1971). Have copies ready for students to read. Develop the thesis paragraph based on the legal elements specified in the case. Intent, extreme and outrageous conduct, causation, harm– emotional and bodily. Have several small groups write thesis paragraphs and compare the paragraphs. Develop one central paragraph for all students. Then, outline the rest of the discussion section with the students based on the elements. Help students determine the legally significant facts. Discuss how to incorporate the legally significant facts into the discussion. Help draft the discussion.

Portions of  Exercises 6, 7 and 8 also can be done in class.

Another technique is to have the students prepare outlines for closed and open memoranda. Discuss their first outline as a group. Assist them in drafting the outline. This will enable them to succeed in the preparation of their memoranda drafts.
	
You might try showing some of the outlines on an overhead projector. This will illustrate to students that they can use a variety of organizations and succeed in preparing a memorandum.
	
Ask students to refer back to steps for drafting memos found in earlier chapters when they are completing their memos. Ask them also to review the checklist in the legal memo chapter each time they complete a memo.

Short Answers: 
1 through 4 are designed to be in-class review exercises. All of the answers are readily available within the text.	
Answer:
Exercises 5 through 8
See discussion above for the answer as well as techniques for using this question as an exercise for the class.

Chapter 25
Letter Writing

Aim

The chapter is aimed at teaching the formalities of a business letter to students who have never worked in the business community, and to introduce to them some of the letters they will draft as paralegals.  Be sure to emphasize the ethical implication when writing letter.  Letter writing presents many opportunities for the paralegal to inadvertently engage in the unauthorized practice of law.  Lastly, discuss e-mail and the issues posed by e-mail correspondence.  Use newspaper accounts that discuss e-mails as evidence in trials.  Remind students that professionalism is very important in e-mails.

Teaching Methods

This information is very straightforward. Review the components of a letter found in Illustration 25-1. Stress the importance of placing the correct date and method of transfer of the letter. The key to teaching letter writing is to ask students to draft letters as both in-class exercises and homework assignments.
	
Review the confirming letter found in Illustration 25-2. Students must understand that their letters can be significant if disputes arise during the course of dealing with opponents or clients
	
You might want to use the exercises as in-class assignments. This works best if students write the letters individually rather than as a group. In this case, they will remember the components of the letters if they draft them individually. Ask them to outline the letter briefly before drafting it. If you have time, place some of the letters on the board and review them. If not, review the assignment generally and ask students to rewrite their work. Rewriting is an important technique students should learn.

The short answer questions can be used as a quiz.

In some of the exercises dates or addresses have been omitted. Ask students to supply these items. It often is fun for them to make up their own addresses, dates or firm names. Feel free to share and discuss some of the sample letters provided in the answers in class. For example, the answer to 12 provides information about who will meet the client and what will happen during the hearing.

Answers to Text Exercises

 Short Answer:
1.	greeting, header, inside address, letterhead, reference line, date, method of transmission, body of letter, closing
2.	It indicates what the letter concerns.
3.	cc
4.	bcc
5.	These letters merely remind the recipient about an agreement or a conversation.
6.	It tells a client what is happening in his or her case.
7.	It asks the client to do something.
8.	These direct the recipient to take some action.
9.	Never

Sample Answers:

10.

File Copy (Draft)

Snorer, Hackett and Blank
1000 Madison Way
Madison, WI. 53606

December 26, 2008

Via Certified Mail
Howie Mark
Claims Adjuster
Madison Insurance Co.
2900 White Way
Madison, WI 53606
		
Re:  White v. Watson, Policy # 1280

Dear Mr. Mark:

This letter is to inform you that our firm is representing Carol White in her lawsuit against your insured, Harold Watson. The accident occurred on September 1, 2006. Mr. Watson’s insurance policy number is 1280.

Enclosed is a copy of the police report for your review. If you have any questions, please feel free to call me at 608-225-1980.

Sincerely,

Karen W. Taylor
Paralegal

Enc.
KWT/hvs
Bcc. Carol White

Snorer, Hackett and Blank
1000 Madison Way
Madison, WI. 53606

December 26, 2008

Via Certified Mail
Howie Mark
Claims Adjuster
Madison Insurance Co.
2900 White Way
Madison, WI 53606
		
Re:  White v. Watson, Policy # 1280

Dear Mr. Mark:

This letter is to inform you that our firm is representing Carol White in her lawsuit against your insured, Harold Watson. The accident occurred on September 1, 2006. Mr. Watson’s insurance policy number is 1280.

Enclosed is a copy of the police report for your review. If you have any questions, please feel free to call me at 608-225-1980.

Sincerely,

Karen W. Taylor
Paralegal

Enc.
KWT/hvs

Two letters are provided. The first letter is a draft or copy of the second letter. The first letter should include the notation for the blind copy to be sent to the client. It often will include the designation file copy and/or draft Students must understand that the blind copy designation should only appear on the draft copy. The important points for this exercise are the date, the enclosure notation, the blind copy notation, and the reference line.  The date should be the date that the letter will actually be mailed, December 26, since the mail will not be picked up on December 25.

11.

Snorer, Hackett and Blank
1000 Madison Way
Madison, WI. 53606

November 7, 2008

Dr. Nancy Martin
3106 Carytown Palace
Phoenix, Arizona 85028

Re: Karen Taylor

Dear Dr. Martin:

	Our firm represents one of your patients, Karen Taylor. Enclosed is a release from Ms. Taylor authorizing you to provide us with a detailed report concerning her present and future medical problems stemming from injuries she sustained as a result of an automobile accident earlier this year. 

	Please forward this information to me at the above address. If you have any questions, please feel free to call me at 608-225-0888.

Sincerely,

Robin A. McCarthy

Enc.
RAM/hvs

Be sure that students note the enclosure of the release. Student should communicate all of the items mentioned in the assignment, but should not provide information to the doctor about the lawsuit itself. That information is not relevant to the doctor’s tasks. Release of any information to an outside party could prejudice a case. Therefore, students must learn to limit the information mentioned about a client’s case.

12.

Snorer, Hackett and Blank
1000 Madison Way
Madison, WI. 53606

April 1, 2008

Margaret Weston
2714 Barrington St.
Toledo, Ohio 43606

Re: Weston v. Weston

Dear Mrs. Weston:

	Your final divorce hearing will be June 16, 2008, in the Lucas County, Domestic Relations Court, 900 W. Adams Street, Toledo, Ohio, at 10 a.m. You will be expected to attend the hearing. Ralph Snorer of our Toledo office will meet you at the courthouse at 9:45 a.m. The hearing will be formal. The judge will ask you a series of questions. Mr. Snorer will discuss this with you before you enter the hearing room.

	If you have any questions, please feel free to call me at 1-608-225-0888.

Sincerely,

Michelle J. Hirsh
Paralegal

MJH/hvs

This letter can simply state the date and place of the final hearing. However, explain to students that other information is often provided, such as that the attorney will meet the client. Sometimes paralegals are asked to explain to the client what to expect in court proceedings.

13.
Snorer, Hackett and Blank
1000 Madison Way
Madison, WI. 53606

September 16, 2008

William Hesse
230 Park Street
Madison, WI 53608

Re: Hesse v. Harrold

Dear Mr. Hesse:

	This letter is to remind you that you must provide testimony at a deposition on November 15, 2008, at 10 a.m. at our office. Please notify me as soon as possible if any conflicts arise concerning this appointment. We cannot reschedule the deposition at the last minute.
	I would like to meet with you before your deposition to discuss your testimony and the deposition process. If it is convenient, the day before the deposition would be the best time to meet. We will meet for about an hour. For our meeting, please bring any documents that you were asked to bring to your deposition. I will call you later this week to set a meeting time and date.
 	If you have any questions, please feel free to call me at 608-255-0888.

Sincerely,

Lisa G. Wehrle

LGW/hvs

14.

April 1, 2008

Snorer, Hackett and Blank
1000 Madison Way
Madison, WI. 53606

Karen Douglas
113 Langdon St.
Madison, WI 53608

Re: Douglas v. Wentworth, Our File 900-7655

Dear Ms. Douglas:

	Enclosed find a check for $88,000 from Wentworth Industries in Morristown, New Jersey in full settlement of any and all claims you have against Wentworth arising out of the action, Douglas v. Wentworth. Enclosed also is the settlement agreement that you signed and the court order dismissing this action.

Sincerely,

Tyler C. Baker

Enc.
TCB/hvs

Viner, Kurth and Taylor
30 N. Wacker Drive
Chicago, Illinois, 60606.

September 28, 2008

Via Express Mail
Thomas Kennedy
Claims Manager
NO PAY Insurance Enterprise
250 W. Wilson Street
Wilmette, IL 60091

Re: Marcus v. Solomon, Your Claim 800929

Dear Mr. Kennedy:

	This letter is to explain the status of the case of Marcus v. Solomon, Your Claim 800929. The case is set for trial on November 15, 2008, before Judge Eve G. Halsey of the Ohio Common Pleas Court in Columbus, Ohio.
	A settlement conference is scheduled with the judge on October 31, 2008. A restaurant representative is expected to attend the conference. Court rules also require that a representative of your company attend the conference.
	Discovery is progressing. The plaintiff’s and the defendant’s
depositions are complete. Both sides have answered interrogatories.
	We are beginning our trial preparation. We expect to call several witnesses who were at the restaurant when the accident occurred. Wally Taylor and I are working with these witnesses so that they are prepared to testify at trial.
	If you have any questions, please feel free to call me at 312-221-0555.

Sincerely,

Benjamin Harris
Paralegal

BSH/jmm
cc. Wally Taylor
bcc. Janis Harris
(The bcc should only appear on the draft copy)

Appendix B
Citation Appendix

Correct citation format is essential to properly written documents.  Emphasize the importance of correct citation format to your students.  Citation format can be taught separately and reinforced when drafting documents.  Students have particular trouble with short cites, parallel cites and subsequent cites.  These are the most common formats in practice.  Also, talk about citing statutes.  The ALWD Manual has a very helpful page in each section called “Fast Formats.”  These are terrific examples.

Citation Exercise Answers

Teaching Tip: These exercises can be done in pairs or in groups as well as individually.  These exercises can be reviewed in class on the board by the students.  When going over the exercises, ask students where they obtained the information for the citation format.  Have the students reference the applicable rule(s) in the Bluebook, A.L.W.D. or both.

For the following citations, assume that these cases are being used in a brief for the U.S. District Court for the Northern District of Ohio.  Correct the citation if possible; if not, please specify what is wrong or missing.

Consult rule 10 of the Bluebook and Rule 12 of the A.L.W.D. for guidance when citing cases.

1.  Greear v. C.E. Electronics, Inc. C 87-7749 (N.D. Ohio Sept. 11, 1989).

2.  Anderson v. Liberty lobby, Inc., 477 U.S. 242 (1986). When the official citation to the U.S. Reports is available, parallel citations are not used unless the attorney requests them.

3.  This is missing the court of decision.  You should place it in the parentheses.  To enable the reader to understand the value of a court decision, the court issuing the decision must be noted in parentheses.

4.  Dr. Frankilin Perkins Schl. V. Freeman, 741 F.2d 1503, 1515, n.19 (federal appellate courtUnited States Court of Appeals – need to indicate which circuit 1984); Pittway Corp. v. Lockheed Aircraft Corp., 641 F.2d 524, 526 (7th Cir. Date of decision); Klaxon Co. v. Stentor Elec. Mfg., 313 U.S. 487, 496 (1941) period.

The first case should include an abbreviation for the word “school.”  It should have a period following the “F.”  In addition, the court should be listed.  In this case, the court is likely to be a federal appellate court.  For the second case, the date of decision should be included in the parentheses.  The final case should include periods following the “U” and the “S.”  The word “Electric” should be abbreviated “Elec.”  The abbreviation “Co.” should be eliminated.  A period should follow the last case.

5.  Gizzi v. Texaco, 437 F.2d 308 (3rd Cir. 19__).
The case name should be underlined.  The court should be specified and the date should be included in parentheses.

6.  Zimmerman v. North American, 704 F2d 347 (7th Cir. 1983).
The case name should be underlined and the deciding court should be placed in the parentheses. The deciding court was omitted.

7.  E.E.O.C. v. Dowd, 736 F2d 1177 (7th Cir. 1984).
The case name should be underlined and the court and the year should be in parentheses. The deciding court and the year of decision were omitted.

8.  Musser v. Mountain View Broadcasting, 578 F. Supp. 229 (E.D. Tenn. 1984).
The court name should be included in the  parentheses before the year. The deciding court was omitted.  The court name should be abbreviated for the Eastern District of Tennessee.

9.  United States v. Upjohn, 449 U.S. 383 (1981).
The date should be in parentheses.  This is a good time to discuss when to include parallel citations for Supreme Court cases (usually upon attorney request when the decision has been published in the U.S. Reports) and when not to (for briefs to federal courts.)

10.  The regional reporter citation should be listed and the official citation should be omitted since this case is being included in a brief to a United States District Court. The court should be listed in parentheses when only the regional citation is used.

The text below expands on the teaching techniques for the preceding ten citations.
For the following citations, assume that these cases are being used in a brief for the U.S. District Court for the Northern District of Ohio. Correct the citation if possible. If not, please specificy what is wrong. if If an item is missing note it and indicate where it belongs.

1.  Greear v. C.E. Electronics, Inc., C 87-7749 (N.D. Ohio Sept. 11, 1989). 

2.Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986). When the official citation to the U.S. Reports is available, parallel citations are not used.
 
3. This is missing the court of decision. You should place it in the parentheses. To enable the reader to understand the value of a court decision, the court issuing the decision must be noted in parenthesis.

4.  Dr. Franklin Perkins Schl. v. Freeman, 741 F.2d 1503, 1515, n.19 (federal appellate court 1984); Pittway Corp. v. Lockheed Aircraft Corp., 641 F.2d 524, 526 (7th Cir. date of decision); Klaxon Co. v. Stentor Elec. Mfg., 313 U.S. 487, 496 (1941)(period)

The first case should include an abbreviation for the word school. It  should have a period following the F. In addition, the court should be listed. In this case, the court is likely to be a federal appellate court. For the second case, the date of decision should be included in the parentheses. The final case should include periods following the U and the S. The word Electric should be abbreviated Elec. The abbreviation Co. should be eliminated. A period should follow the last case.

5. Gizzi v. Texaco, 437 F.2d 308 (3rd 19 ).
The case name should be underlined. The court should be specified and the date should be included in the parentheses. 

6.Zimmerman v. North American, 704 F.2d 347 (7th Cir. 1983)
The case name should be underlined and the deciding courts should be placed in the parentheses.

7.  E.E.O.C. v. Dowd, 736 F.2d 1177 (7th Cir. 1984).
The case name should be underlined and the court and the year should be parentheses.

8. Musser v. Mountain View Broadcasting, 578 F. Supp. 229 (E.D. Tenn. 1984). The court should be placed in the parentheses and it should be abbreviated for the Eastern District of Tennessee.

9. United States v. Upjohn, 449 U.S. 383 (1981).
The date should be placed in parentheses.

10. The regional reporter citation should be listed and the official citation should be omitted since this case is being included in a brief to a United States District Court. The court should be listed in the parentheses when only the regional citation is used.

Citation Practice Exercises

Use the A.L.W.D. Citation Manual or the Bluebook to obtain the correct citation form for the following examples.  Pay particular attention to abbreviations found in Bluebook Table 6 and A.L.W.D. Appendix 3.

1.	Trzcinski v. Am. Casualty Co., 901 F.2d 1429 (7th Cir. 1990).
2.	Wade v. Singer Co., 130 F.R.D. 89 (N.D. Ill. 1990).

3.	Pryor v. Cajda, 662 F. Supp. 1114 (N.D. Ill. 1989).

4.	Longman v. Jasiek, 91 Ill. App. 3d 83, 414 N.E.2d 520, 46 Ill. Dec. 636 ( App. Ct. 1986)   for Illinois Courts

Longman v. Jasiek, 414 N.E.2d 520 (Ill. Ct. AppApp. Ct. 1986).  For state courts outside Illinois and for federal courts

5.	Gulf Oil Corp. v. Gilbert, 330 U.S. 501 (1947).
Include parallel citations to unofficial Supreme Court reporters only upon attorney request (A.L.W.D.).

6.	Wyness v. Armstrong World Indus., 131 Ill. 2d 403, 546 N.E. 2d 568 (1989).  For Illinois courts
Wyness v. Armstrong World Indus.,546 N.E.2d (Ill. 1989). For courts outside of Illinois and for Federal Courts.

7.	28 U.S.C. §1404(a)(2000).
Note that the year of the code is cited, not the year of volume publication.
Always cite to the official code if most current.
Bluebook Rule 12 and A.L.W.D. Rule 14.

8.	42 C.F.R. §29 (2004).
Bluebook Rule 14 and A.L.W.D. Rule 19.

Exercise 3

Short Citation Exercises

1.	Smith v. Jones, 112 Ill. App. 2d 32, 96 N.E. 2d 17, 18 (App. Ct. 1965).
Id. At at 32, 96 N.E.2d at 18.
Bluebook Rule 4.1
A.L.W.D. 12.21(f) does not permit Id. to be used for parallel short citations.  According to A.L.W.D. the short cite is Smith, id. at 32, 96 N.E.2d at 18.

2.	Cranshaw v. Marge, 321 F.2d 97, 99 (5th Cir. 1935).
Short cite according to A.L.W.D. and Bluebook—
Id. at 99.

Citation Exercises for Resources other than Cases

1.	42 U.S.C.A. §1201 (West 1999 2004 & Supp. 20042008).
Bluebook Rule 12 and A.L.W.D. Rule 14.

2.	John Reese, Tax Aspects of Marital Dissolution, 78 Colum. L. Rev. 1587 (1985).
Bluebook Rule 16.5.5
John Reese, Tax Aspects of Marital Dissolution, 78 Colum. L. Rev. 1587 (1985).
A.L.W.D. Rule 23

3.	Megan’s Law, 42 U.S.C. §14071(de) (20002006).
Bluebook Rule 12
Megan’s Law, 42 U.S.C. §14071(de) (20002006).
A.L.W.D. Rule 14

4.	63 Fed. Reg. 59,231 (Oct. 1, 1991).
Bluebook Rule 14 and A.L.W.D. Rule 19

5.	Proctor & Gamble 2003 Annual Report,
Financial/review4.html (accessed Apr. 22, 2004).
A.L.W.D. rule 40 and Bluebook Rule 18.

Citations for Online Resources

The following cites use either Bluebook Rule 18 (which is greatly expanded in the 18th ed.) or ALWD Rules 38 - 42.

1. Pane Bread Store v. Baguette Co., No. 05-1721, 2005 U.S. Dist. Lexis 15976 (S.D.N.Y. Apr. 13, 2005).

2.  5 C.F.R. §12 (20052008), WL 5 CFR s 12.

3.  This citation follows Bluebook Rule 18.2.2 detailing parallel citations to Internet sources.

Roberta Romana, The Sarbanes-Oxley Act and the Making of Quack Corporate Governance, 114 Yale L.J. 1521 (May 2005), available at http://www.yale.edu/yalelj.
4.	If this was obtained in print format, the cite would be: 73 Fed. Reg. 90 (date of Federal Register publication) (to be codified at 19 C.F.R. pt. 18). This is detailed in Bluebook rule 14.2 and ALWD Rule 19 generally. However, since this cite was obtained on the Internet, you should include the URL also. Including the URL as a parallel cite increases the researcher’s ability to access the document or resource. It is not necessary to include the notation, for this resource, that this was accessed in PDF, however instead of indicating html format, use ‘pdf’ as the extension when obtained in that format. See Bluebook 18.2.1(c).
See Bluebook Rule 18.2.2. and ALWD Rule 40.
73 Fed. Reg. 90 (date of Federal Register publication) (to be codified at 19 C.F.R. pt. 18) available at gpoaccess.gov/FR.
Answers to Workbook Exercises

Chapter 1
The Legal System
 
Basic Concepts
	
Government Questions:
1.  The Congress or Legislature is responsible for creating laws.
The courts are responsible for interpreting laws.
The President and the executive branch are responsible for enforcing laws.

2  No

3.  Statutes

4.  A law is introduced into one of the houses of Congress. Both houses must adopt it before it becomes law. The president has the option of signing. If he signs the law, it becomes law. If he or she vetoes the law, Congress can still enact the law with a new vote that overrides the veto.

5. Administrative agencies

6. Enabling statutes

7.  District courts

8.  Supreme Court

9.  Common law

10. No. These courts generally decide only issues of law.

11. It has three branches.

12. The Legislature is responsible for creating laws.
The judicial branch is responsible for interpreting laws.
The executive branch is responsible for enforcing laws. They provide checks and balances for each other.

13. The Senate and the House. They enact laws.

14. The President, the cabinet and the agencies.

15. It decides disputes between parties. It is comprised of three courts – the trial court or district court, the appellate court, and the Supreme Court.

16. They consider evidence and hear witnesses and conduct trials.

17. It is the highest court in the federal system. It generally hears appeals.

Application of Basic Concept Exercises

1.	Varies by state
2.	Varies by state
3. 	Varies by state
4.	a.	District Court
	b.	Appellate Court
	c.	Supreme Court
5. 	The governor
6.	Varies by state
7.	http://www.whitehouse.gov/ The links will vary. Ask them to print out a page to show you the links.
8. 	Varies by state.

Chapter 2 
What Law Governs

Basic Concepts

Governing Law Questions, Hierarchy of Authority Issues and Types of Authorities

1. Yes. They have concurrent jurisdiction with the federal courts.

2. Yes. The federal courts can decide issues of state law in diversity cases and in cases that involve questions of both federal and state law.

3. No.  Decisions of a trial court are not binding authority for a U.S. Courts of Appeals.

4. No. The state court is not bound to follow the decisions of the federal court. However, it is likely to do so.

5. Precedent is an established rule of law in a particular legal situation. Courts are supposed to follow the precedent in a particular legal situation when the facts and legal issue presented are similar.

6. Statements made in a court opinion concerning legal questions not at issue in a particular case. They are an aside.

7. To find primary authority on point.	

8. Primary authority. Examples of primary authorities include court decisions, statutes, regulations and constitutions.

9. Primary authorities are binding if they involve a higher authority. For example, a decision made by an appellate court often is binding authority on a trial court.

10. You would use a primary authority if it is on point and the facts are substantially similar in nature to the case at issue. You might use it to support a position in a legal memorandum.

11. Authorities address issues of law. Attorneys or publishers generally prepare secondary authorities. Examples of secondary authorities include legal journal articles, encyclopedia entries, treatises and restatements.

12. If you did not have a primary authority on point, you might consider using a secondary authority to support a legal argument.

13. The primary authority would be preferred because it would carry more weight.

14. The primary binding authority because it would carry more weight.

15. The primary persuasive unless it was a very significant secondary authority such as a Restatement.

16. The primary binding authority because it would have weight. The dicta is not a binding authority. A court need not follow dicta.

17. The primary persuasive because it would have more weight. The dicta is not a binding authority. A court need not follow dicta.

18. The secondary authority because it would have more weight. The dicta is not a binding authority. A court need not follow dicta.

19. Primary authority.

20. Primary authority.

21.  You would argue that the dicta  indicates  how a court would decide a case.

22.  Consider where the dispute arose, the parties involved in the case and the nature of the dispute.

23. Jurisdiction is the authority of a government body to exercise control over a conflict.

24. Consider where the dispute arose, the parties involved in the case and the nature of the dispute. Ask the assigning attorney.

25. Consider the nature of the case, the currency of authorities, the structure of the court system and the laws of a jurisdiction.

26. It is a system that ranks legal authorities according to the effect they have in controlling a case.

27. No.

28. This is a good discussion question to explain the rankings of the courts. Explain, however, that a Supreme Court decision may not be the highest authority if a statute was passed following the decision and it is on point.

29. Yes

30. Determine if  your court is within one of the court circuits. If so, that circuit court decision governs. Otherwise both decisions have equal weight in your circuit.

31. It depends whether state or federal law controls and whether a federal constitutional question is involved.

32. Yes.

33. No.

34. You must read the decision and determine whether that decision must be followed by courts in your jurisdiction.

35. It allows parties to know what the law is.

36. No. Courts also provide dicta.

37. Dicta often can predict future court decisions.

38. Determine whether your court is within that circuit or whether it is a higher court such as the U.S. Supreme Court.

39. No. 

40. It is a persuasive authority when the court is not bound to follow the decision.

Application of Concepts Exercises
Part A - Research Strategy and goals

Application of Concepts 

Part A - Research Strategy and goals
Exercise 1
a. Federal law.

b. U.S. States because this situation involves a question of federal law.

c. Primary authority because it would be the authority the federal courts should follow in deciding this matter.

d. The federal courts and the Congress.

Part B - Understanding Your Research Results

a. Primary binding authority.

b. Primary persuasive authority.

c. Primary binding authority.

d. Secondary authority.
e. Primary binding authority.

f. 1. Statute primary binding and this authority would be a starting point for the research and analysis.

2. The U.S. Supreme Court case would be a primary binding authority. If it interpreted the statute and was later than the statute it may be more authoritative. The ranking of one and two would depend upon the timing of the adoption of the statute and the decision of the court.

3. The federal administrative regulation would be a primary and binding authority. It would follow the statute.

4. The state case would be primary persuasive authority. It would not carry as much weight as the federal authorities since the state is a separate jurisdiction.

5. The National Law Journal article is secondary authority, but it is not persuasive authority. It should be used merely to understand an issue rather than to persuade a court to follow the information it contains or advocates.

 Exercise 2
Part A: Research Strategy and Goals
a. Texas is the jurisdiction because this is an action pending in Texas in a Texas court that occurred in Texas.

b. Primary binding authority

c. The Texas high court and the Texas legislature

Part B Understanding Your Research Results

a.  This is a secondary authority. It should be used to understand the standard of care; however, it would not be cited in a memorandum to a court or in a research memo.

b. This is a primary binding authority and is most likely to specify the standard of care for a physician in the state of Texas.

c. This is a primary persuasive authority that only would be used if there were no primary binding authorities on point or if the Illinois authority addresses a point that is not addressed fully by the Texas courts. 

d. This is a primary persuasive authority.  This authority only would be used if there were no primary binding authorities on point or if the U.S. Supreme Court case addresses a point that is not addressed fully by the Texas courts. 

e. This is a primary persuasive authority.  This authority only would be used if there were no primary binding authorities on point or if the U.S. District Court case addresses a point that is not addressed fully by the Texas courts. 

f. This is a primary persuasive authority.  This authority only would be used if there were no primary binding authorities on point or if the U.S. District Court case addresses a point that is not addressed fully by the Texas courts. 

Exercise 3

A is the correct answer. The United States Court of Appeals for the Seventh Circuit need not follow a decision of another federal appellate court. The district court is a lower court and the appellate court would not need to follow its decision either.  The appellate court, however, is bound to follow decisions of the U.S. Supreme Court that is a higher court.

Exercise 4

A is the correct answer. The United States Court of Appeals for the Tenth Circuit need not follow a decision of another federal appellate court. The state court is in a separate jurisdiction and the appellate court would not need to follow its decision either. The appellate court, however, is bound to follow decisions of the U.S. Supreme Court that is a higher court.

Chapter 3
Court Decisions

Basic Concepts

1. It is a body of law generated by the courts.

2. The courts

3. It is a system designed by West Publishing Co. to enable researchers to find court decisions by topics and which facilitates the researchers in finding cases that address legal issues.

4. Chronologically

5. It is the first decision issued by a court. It is usually issued in typed format. For some court decisions, the slip opinion is the only decision issued concerning some matters.

6.  Slip opinions can be obtained from the U.S. Supreme Court.

7.  It is a book that contains reports of court decisions.

8.  U.S. Supreme Court Reporters, U.S. Reports Lawyers Edition, and the Supreme Court Reporter

9. West Publishing Co. publishes seven regional reporters. These reporters contain reports of court decisions that are issued in a number of states.

10.  An official reporter is generally published by the state that issues a decision. West Publishing Co., a commercial publisher, publishes the regional reporter.

11. No. Check the Bluebook or the AWLD manuals to determine whether the state has an official reporter.

12. It is a summary of a point of law. It generally will list a topic and number that will assist the researcher in locating similar cases that address the same point of law.

13. The headnote is designed to enable the researcher to easily locate similar cases that relate to the issue of law addressed in the headnote.

14. This is a West Publishing Co. tool to enable researchers to find similar cases. The key number is coupled with a topic. For points of law that are similar in nature, West theoretically assigns the same topic and key number. As the publishers prepare these abstracts and the key numbers assigned to them, they should be approached with some caution.

15. You would use a key number to locate similar cases. First you would locate the topic in the digest and then you would review the key number. You also could use the key number to perform a computerized key number search to find the most recent cases for that number or to find cases in other states assigned to that topic and key number.

16. Yes.

17. Yes.

18.	The courts themselves often supply opinions. Some looseleaf services also report opinions.

Application of Case Research Exercises 

1. 484 U.S. 29 (1987)

2. 108 S.Ct. 364 and 98 L.Ed.2d 286

3. No. 86-651

4.  Justice Blackmun.

5.  306 Ill. App.3d 285 (1999)

6.  713 N.E.2d 1285 (1999) and 239 Ill. Dec. 435 (1999).

7.  No. 5—98-0142 

8.  Car City Chevrolet-Nissan.
	
9.  Kevin E. Kellermann and Kathleen A. Kellermann. 

10.  P.J. Rarick

11.  Justice Goldenhersh

12 . Appeal and Error
	
13. Negligence 1133. Review the case and find the headnote number on the side that refers to this issue.
14. Federal Reporter 2d.

15. federal

Chapter 4 
Digests
	
Basic Concept Exercises

1.  headnotes

2.  West topics and key numbers located in West’s digests

3. To locate other cases that focus on the same points of law.

4. . Best case method, descriptive index method, and the topic outline method

5. The publisher. You would never cite one.

6.. A pocket part or the supplemental pamphlet

Application of Digest Concepts Exercises

1. Negligence would be the topic and 48 is the original key number. The new key number is 1088,1089,1105(6). 

2. a. The topic is Labor Relations and the key number is 485.

b. You would review Labor Relations and the key number 485.

c. This answer will vary depending upon the digest selected and the time of this exercise.
 
d. The pocket part.

e.  First locate the topic. Next locate the key number.

f.  This answer will vary depending upon when this exercise is completed and which federal digest is reviewed.

3. a. Negligence 1134 

b.  Negligence 

c.  This will vary by state.

d. The pocket part.

e. Find the topic and scan the page.
	
f. This will vary by state.

4.   Inn 10 is listed.

5.  This answer will vary according to the state and the timing of this exercise.

6.  Product Liability 41, 47, and 49.

7. Food 25

8.  250-259 and 1085-1162.

9. 1060.

10. a. Your state

b. Your state digests or if unavailable regional digests.

c.  Hotels, Motels, Innkeepers, Invitees, Patrons, Principal, Agent, Apparent Agency.

d.  Descriptive word index should be used if you are unfamiliar with the issue. It will help direct you to cases. For example, most students will not consider the term “Innkeeper”. However, cases on point can be found at this topic in the digests of some states.

Topic outline method:

Some people might go to Principal and Agent if they understand the concept of apparent agency. Others might go straight to Negligence. If they browse the outline for these topics, some relevant key numbers can be found.

e. For the descriptive word method, first, a researcher should brainstorm for terms to review. Next, the terms should be reviewed and any relevant topics and key numbers should be noted. Next, the researchers to go to the topic and review the key numbers found in the index.

For the topic outline method, the research should turn to the topic and review the outline at the front of the topic for relevant key numbers. Once key numbers are found, the case abstracts listed under the relevant key numbers should be reviewed.

f. Principal and Agent or Negligence
	
g. Principal and Agent, Innkeeper or Negligence, depending upon the state and the timing of this exercise.

h. The pocket parts and the supplemental pamphlets.

11.	
(1.) First brainstorm for terms to review in the descriptive word index. Terms to review might include damages, consequential damages and awards. Next, the researcher should open the Indiana digest’s descriptive word index and review these terms. After reviewing the terms the researcher should determine what topics and key numbers are relevant to the issue.

(2.) The second method would be to go directly to the damages topic and review the outline at the front of the topic section to find relevant key numbers.

a.  Damages is the topic and the key number is 191.

b. Damages191. WESTLAW designated number 115 as the number for the damages topic. Consequential damages are explored in key number 191.

c.  You can only perform this search on WESTLAW.

d. The database would be Indiana cases.

12. a. Your state

b.  Your state digests because you are searching for the law in your state.

c. Landlord tenant, Third-party liability, arson and fires

d. Descriptive word index method if you were unfamiliar with the topics relevant to this issue. This would allow you to review a variety of terms to find key numbers.

The topic outline method if you knew of a particular topic to review such as landlord-tenant.

The best case method could be used if you had a particularly good case on point from another state or from your state.

e. 1. First brainstorm for terms to review in the descriptive word index. Terms to review might include landlord tenant, arson, third-party liability and fire. Next, the researcher should open your state digest’s descriptive word index and review these terms. After reviewing the terms the researcher should determine what topics and key numbers are relevant to the issue.

2. The second method would be to go directly to a topic such as landlord-tenant and review the outline at the front of the topic section to find relevant key numbers.

f. Landlord-tenant and arson.
	
g.  Landlord-tenant key numbers 162, 164 and arson key numbers 15

h. Pocket parts.

13. a. Zimmerman v. North American Signal Co.

b. Federal Civil Procedure is the topic and the key number is 2546.

c. The federal digests including the Federal Practice Digest 5th.

d. This answer will vary depending upon the timing of the exercise.

e. The pocket parts. The case names will vary depending upon the timing of the exercise.

14.a.  Ambruster v. Quinn.

b.  You would find Civil Rights 38 in the federal digest.

c.  Civil Rights is the topic and the key number is 38.

d. The reason that this problem may be tricky is that the key numbers changed in the Federal Practice Digest 5th and the students will be required to use a table to convert the old number to the new system.

e. This will vary depending upon the timing of this exercise.

f. The pocket part

g. This will vary depending upon the timing of this exercise.

15. a and b. Criminal Justice 36 Arson

      c. Real Property
      d. 141
Chapter 5
Shepardizing

Basic Concepts

1.	This is a computerized search of Westlaw’s databases in which citations to a particular case are sought.

2.
	1. You will retrieve a list of cases that only cite to the case you are Shepardizing.
	2. You can easily print out the list of cases.
	3. You can call up many of the citing cases.

3. Shepard’s online, in print or Key Cite.

4. Review the overruling case to determine what rules of law were overruled. If the point of law you are interested in relying upon has not been overruled, you can still use the case.

5.	To check the validity of a case.
	To find more current cases on point
	To find parallel citations.
	To find cases in your jurisdiction on point.

6.	They select from different databases and they are from different publishers.  Therefore, they may have different cases

7.	Westlaw’s databases.

8.	The publisher.

9. 	That the validity of the case may be in question.

Application of Shepard’s and KeyCite Concepts Exercises

1-5 will vary

6. Perminas v. Montgomery Ward & Co.

7. Olinger v. Great Atlantic & Pacific Tea Co.

8. Blake v. Dickinson

9. positive

10.	Different cases are noted and the treatments are slightly different. Different secondary authorities are noted.

11.	2000 WL 543068 and 1991 WL 24916.  However, there may be additional correct answers when this assignment is completed.

12.	 Yellow Flag. It warns that there is some negative history, but it has not been reversed or overruled.

13.	 791 F. Supp. 1327 and 855 F. Supp. 366 have yellow flags, but there may be others at the time of this exercise. 60 F3d 1225 has a red flag.

14.	These answers may vary, but here are some examples that are correct.

a.	2007 Ohio App Lx 448 or 2007 Ohio App Lex 3748
b.	862 NE2d 760 or 870 NE2d 63
c.	141 P3d 686
d.	 People v. Ford
e.	1991
f.	22 Ill. A3d 383 and 163 Ill Decisions 785
15, The answers to these questions will vary, but here are some correct answers.
a.	572 NE2d 944
b.	839 NE2d 505 and dissent is cited by 627 NE2d 1245
c.	707 NE2d 76

16.	a. Illinois v. Brown
b. 1990
c. 136 Ill.2d 116 and 143 Ill Decisions 281

17.	California Reporter, NY Supplement

 

Chapter 6
Secondary Authorities

Basic Concepts

1. The American Law Reports are sequentially published volumes of annotations written by editors at Lawyers Cooperative that expound on a seminal legal decision and provide research sources for all other cases and statutes from other jurisdictions on the same point of law.  The A.L.R. is now divided into the A.L.R. and A.L.R. Federal since 1969.  Annotations are the name of the articles in the A.L.R.  The American Law Reports are commonly abbreviated as A.L.R.

2. Hornbooks are single volume works written for the student of law.  Hornbooks cover a single legal discipline and explain and synthesize the law.

3. A legal encyclopedia covers all area of law in a general manner.  You use a legal encyclopedia to obtain an overview of the subject and to obtain citations to leading cases.

4. The Restatements of the Law are created by the American Law Institute in an attempt to make the common law read like a statute and organize common law holdings in a manner similar to a
code.

5. Secondary authority explains and synthesizes the law with commentary and criticism as well as citations to primary source references.  Three examples of secondary authority include:
treatises, hornbooks, encyclopedia, legal periodicals, A.L.R. annotations, dictionaries, Restatements, thesauri.

6. A treatise is an in depth commentary that explains, analyzes, criticizes and synthesizes the law.  Legal scholars write treatises. These are generally multi-volume texts.

Application of Encyclopedia Concepts 

1. a. Repairs Index vol. N - Z C.J.S. not exact.
Adjoining Landowners vol. A - D leads you to: "this index" Improvements, Adjoining Landowners, Entry upon Adjoining Property §6 Index vol. E - M .  Generally, there are many relevant sections. Be sure that the students are finding references in 2 C.J.S, Adjoining Landowners. They can narrow the research results by looking for sections that  discuss ‘improvements.’

b. Adjoining Landowners vol. A - D leads you to: "this index"  Improvements, Adjoining Landowners, Entry upon Adjoining Property §6 5 Index vol. E - M 

c. C.J.S. vol. 2 p.10.2 C.J.S. Adjoining Landowners §5.

d. 2 C.J.S. Adjoining Landowners §6 5 (1972).  The year may vary according to the set that the library has.

e. Cases indicated in footnotes and to West key number, Adjoining Landowners key number 1.

f. Yes, they are finding tools because they provide citations to primary authority, primarily case law.

g. Consult the pocket part.

2.a. Index vol. A - B; Adjoining Landowners and Property; Repair or Maintenance.  Entry indicates: "Construction or maintenance of buildings and other structures, supra." Under Adjoining Landowners and Property, Construction or maintenance of buildings and other structures generally, Adjoining Landowners .§ 23.
Various sections are relevant including §§6,46,49,61,111. Have students narrow their research to sections discussing improvements.
b. Vol. 1. Am. Jur. 2d p.846 -– 847§2 Generally.
Answers will vary.

c. 1 Am. Jur. 2d Adjoining Landowners § 236 (1994).

d. Cases and A.L.R. annotations.

e. They are finding tools because they provide citations to primary authority, primarily case law. 

f. Consult pocket part.

g. Use the volume entitled: Table of Statutes, Rules and Regulations Cited.

Application of Restatement Concepts

1.a. The Restatements are a secondary source produced by the American Law Institute to organize common law rules in a codified format, in essence to make common law holdings read like statutes without the dicta, rationale and facts that are present in cases.

b. Frolic of his Own Servant going out of his way on private errand § 234, 236 b.

c. §34

d. Restatement (Second) of Agency § 234 (1958).  Year will vary.

2. a. The Restatements are a secondary source produced by the American Law Institute to organize common law rules in a codified format, in essence to make common law holdings read like statutes without the dicta, rationale and facts that are present in cases.

b. Emotional Disturbance.

c. § 353 Loss due to emotional disturbance.

d. Restatement (Second) of Contracts § 353 (1981)

Application of Secondary Authority Research Concepts

1.a. Legal Dictionary for definition of fraud.
Legal Encyclopedia for general discussion of fraud.
American Law Reports to see if there is an annotation on point.
Legal periodicals for articles. Treatises.

b. Legal Dictionary for definition of fraud.
Legal Encyclopedia for general discussion of fraud.
American Law Reports to see if there is an annotation on point.
Legal periodicals for articles.
Treatises.

c. A hornbook or treatise on torts. 

Application of A.L.R. Concepts

1.a. Adjoining Landowners and Property.

b. Adjoining Landowners and Property.

c. The A.L.R. Index covers A.L.R. 2d, Federal and L.Ed. 2d as well as 3rd, 4th, 5th, whereas the A.L.R. Quick Index only covers A.L.R. 3rd, 4th and 5th.  The entries under the headings in the A.L.R. Index are more expansive - there are many more entries than in the A.L.R. Quick Index.

d. A.L.R. annotations are great because they expound upon the law in great detail providing a list of all relevant cases and statutes on point.  Great research sources.

2. a. Begin with the A.L.R. Index 2d, 3d, 4th, 5th, 6th Federal and L.Ed. 2d.Federal 2d.

b. Consumer Product Safety Act or Commission in Index vol. C-D.

c. Consumer Protection for purposes of Consumer Product Safety Act 43 A.L.R. Fed. 827.

d. Daniel E. Feld, Annotation, What is "Consumer Product" For Purposes of Consumer Product Safety Act, 43 A.L.R. Fed. 827 (1979).

e. Yes. Am. Jur. 2d and Am. Jur. Proof of Facts.   

Application of Legal Periodical Index Concepts

1. September 1993 to August 1994

2.a. varies

b. estate planning in the Index to Legal Periodicals. In the Current Law Index it is athletics; estate planning - economic aspects.

c. Estate Planning Concerns for the Professional Athlete

d. John K. O’Meara

e. John K. O’Meara, Estate Planning Concerns for the Professional Athlete, 3 Marq. Sports L.J. 85 (1992).

Answers to Using the Internet to Find Law Review Articles

1. The Elder Law Journal published by the University of Illinois and Quinnipiac University School of Law also publishes a journal on Elder Law. This may change but the goal is to have the students become comfortable navigating the site.

2. The web site for the Washington University Journal of Law & Policy is: http://www.law.wustl.edu/journal.  The citation is:

Ruth Bader Ginsberg, In Pursuit of the Public Good: Access to Justice in the United States, 7 Wash. U. J. Of Law & Pol. 1 (2001).

3.  The Columbia Law Review site is: http://www.columbialawreview.org/search.

John C. Coffee, Jr., Class Action Accountability: Reconciling Exit, Voice and Loyalty in Representation Litigation, 100 Colum. L. Rev. 370 (2000).

4.  Akron Law Review site is: http://www.uakron.edu/law/lawreview
The first article listed in vol. 37, no. 4 is:
Laura J. Hines, Due Process Limitations on Punitive Damages: Why State Farm Won’t Be The Last Word, 37 Akron L. Rev. 779 (2004).

Chapter 7
Constitutions and Statutes

Basic Concepts

1. A constitution is primary authority and the United States Constitution is the supreme law of the United States.

2. A bill becomes enacted into law when identical versions pass both the house and the senate and the president signs the bill into law.  A bill also becomes law when the president does not sign the bill but more than ten days remain in the legislative session.  If the president vetoes the bill, a two-thirds majority can still enact it into law when the house and senate override the president’s veto.

3. The Statutes at Large are the federal session laws containing all of the public laws created by Congress during a particular session. For example, all of the laws created by Congress during the 101st Congress are given Statute at Large designation at the end of the Congress.

4. The United States Code.

5. The United States Code Annotated
    The United States Code Service

6. Varies by state but check Bluebook Table 1 for complete listing.

7. Varies, check Bluebook Table 1.

8. A legislative history retraces the entire legislative process of enacting a bill into law and all of the documents and hearings that resulted from the process.  Examining the documents provides insight into the intent and objective of the legislation (policy.)

9. USCCAN is a published source of compiled legislative history produced by West Group. USCCAN references are provided in the USCA.  USCCAN stands for United States Code Congressional and Administrative News.

10.Yes

11. Yes

Application of United States Code Concepts

1. Pub. L. 101-226 §§ 2-12(A), 13-19, 22(b)(1),(2), Dec. 12, 1989, 103 Stat. 1928-1936, 1939, 1941.

2. Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27 (20 §§ 236 to 244, 331 to 332b, 821 to 827, 841 to 848, 861 to 870, 881 to 885)

3. The U.S.C.A. provides the code cite as well as the Statutes at Large citation.

4. In alphabetical order.

5. The Statutes at Large citation
The Public Law number
The U.S.C. cite if using an annotated code
The date of enactment

6. Fifty titles

7. The United States Code Annotated and the United States Code Service

8. U.S.C.A. - West
U.S.C.S. - Lawyers' Co-opLexis

9. Because it ties you in to the other resources produced by the publisher.  With West's U.S.C.A. you are tied into the digest system with the topics and key numbers and into C.J.S. the national legal encyclopedia.  With Lawyer Lawyers' Coop's U.S.C.S., published by Lexis, you are tied into Am. Jur., A.L.R. and  Am. Jur. form books.

10.a. From the U.S.C.A.  Insurance states Health Insurance this Index.  Under Health Insurance, sub-topic Income Tax nothing is mentioned regarding self-employed individuals. Under the topic Income tax and the sub-heading Self-employed Individuals, the entry on point is: Health Insurance Costs, special rules for deductibility, trade, or business expenses, 26   162.

b. 26 U.S.C. 162.

c. Not really

d. Yes. 26 U.S.C. 162(l).

e. Yes and the date is 12/31/93.
No currently. This answer will vary according to recent statutory amendments and revisions
f. Answer will vary

Application of Federal Legislative Process Concepts

1. Public laws

2. In individual pamphlets published by the G.P.O. and in the supplements to the U.S.C.A. and the U.S.C.S.

3. In the United States Statutes at Large

4. Use the Tables found in the United States Code, the United States Code Annotated or the United States Code Service that provide the United States code citation for the Statutes at Large cite.

5. House and Senate each pass their own version of the bill and, if the same, then it goes to the President for approval by signing; if not, identical versions of the bill then go back to a House/Senate conference committee where a joint version of the bill is formulated and passed by each house and then to the President for signing into law.  If the President does not sign the bill and lets it sit for 10 days, it automatically becomes law. If the President vetoes the bill, then the House and Senate can override the veto by a two-thirds majority vote.  

6. The easiest way to update a federal statute is to start with an unofficial code, the U.S.C.A. or the U.S.C.S.  First, look up the statute section in the unofficial code and read it.  Then, check the pocket part at the back of the volume or the separately bound supplement for the particular volume to see if the code section has been changed in any way or repealed.  Check the statutory supplements that are paperbound volumes found at the end of the set to see if the pocket part information has been updated.

7. Answer will vary

Application of Updating Concepts: Updating State Statutes using either Computer Assisted Legal Research or Hard Copy Resources

Answers will vary for this problem depending on the jurisdiction.  Updating information will also vary according to jurisdiction.  Even if there is no updating material have the student go through the motions of updating the statute so they learn the technique.

Application of State Statutory Research Concepts

Answers will vary according to state

Using the Internet to Research United States Code Sections

1. War Powers Resolution is found in the Table of Popular Names. Pub. L. No. 93-148, Nov. 7, 1973, codified at 50 U.S.C. §1541.

2. Megan’s Law 42 U.S.C. §14071.  Various sections will be retrieved, such as 42 U.S.C. §14073, and these may vary depending on when searched.  However, 42 USC §14071 is right on point and is the correct answer. Many of the other sections do not contain content from the Megan’s Law legislation. This is a good opportunity to discuss how it is necessary to sift through retrieved documents to determine relevancy.

3.  26 U.S.C.§1091 - Loss from Wash Sale of Stock or Securities.

4.  The search would be as follows: Teacher and deduction and supplies. The answer is 26 U.S.C. §62 (D) Certain Expenses of Elementary School Teachers.

5. The search terms are: Sarbanes Oxley.
Table of Popular Names Pub. L. 107-204, July 30, 2002. 15 U.S.C. §7201 et seq.

Using the Internet to Find Federal Legislation

1. Highlight the 109th Congress. Answers will vary. The search terms are: hybrid motor vehicle credit.
Select the answers that contain all of the search terms.

2.  The search should contain: ethanol and clean air act. The hits selected should be from the group that contains all of the search terms.  
H.R. 6, H.R. 837 and H.R. 1020 should be among the hits.

Chapter 8
Legislative History

Application of Legislative History Concepts

1. United States Code Congressional and Administrative News

2. West Group.

3. The United States Code Annotated.

4. The United States Code Annotated provides references to the United States Code Congressional 
and Administrative News so that when you look up a cite in the U.S.C.A. you will get a cite to the legislative history in U.S.C.C.A.N. if one exists.

5. A legislative history is compilation of all of the components of the process that occurs to create a law from the initial bill, to committee reports, to votes, to testimony, and to the final public law.  This is important to gather because the statute itself is not always clear in its intent or meaning or range of application and the statute itself may not have been interpreted or applied in a court of law.  When an argument must be made as to the intent or application of a statute and judicial opinions do not exist then you must go back and look at the process of legislative enactment to unearth the intent of the legislation.

6.a. Use the U.S.C. and ascertain the Public Law and then go to U.S.C.C.A.N. and look up the legislative history, organized by Public Law number, and  you will find the legislative history.  The Public Law number is P.L. 86-507, § 1(17).  Alternatively, look up the statute in the U.S.C.A. and look under the historical note to see if there is a reference to U.S.C.C.A.N.  There is a reference and you are referred to 1960 U.S. Code Cong. and Adm. News, p. 2356.

b. 16 U.S.C. §583d (1989) or the year that the code volume was published

c. Registered and certified mail.

d. The Senate Report and the Agency Views (the Post Office Department.)

e. S. Rep. No. 1489, 86th Cong., 2nd Sess. (1960), reprinted in 1960 U.S.C.C.A.N. 2356, 2357.  This answer is found in Rule 13.1 of the 16th ed. of the Bluebook.

7.a. Start with the Popular Name Table from the United States Code or the U.S.C.A. or the U.S.C.S.  Obtain the United States Code cite and read the statute.  The code sections are 16 U.S.C. §§ 943, 943a-943c, 2910, 3931, 4245, and 4901 - 4916.  

b. Public Law 102-440.

c. U.S.C.C.A.N. vol. 4, 102nd Congress 2nd session 1992 p. 1592.
d. The purpose and the intent of the Act is discussed in the documents.  The documents included are:
House Report and Statement by President Bush 

e. When laws are created and passed they receive Public Law numbers in the federal government.  The process of codification requires that the public laws be inserted into the statutes according to subject.  Subject organizes the United States Code and each title represents a subject.

Finding Legislative Information on the Internet

1.	Answers will vary depending on date searched. 40 hits when searched terms near each other but in varying order.

2. 	40 hits but results will vary.

Finding U.S. Congress Committee Reports on the Internet

1.	House Report 107-534.

2. 	House Report 109-203 and 109-012.

Finding Pending Legislation on the Internet

1. Answers will vary depending on date and jurisdiction searched. Consult the Appendix for chapter 7 for state legislative information websites. This exercise also requires the students to think about the substance of Megan’s Law, to require sexual offenders to register.
For instance, Connecticut’s pending legislation concerning sexual offender registration, in 2008, is Senate Bill No. 35. The site searched:
Cga.ct.gov.

Chapter 9
Administrative Materials and Looseleaf Services

Basic Concepts

1. Proposed regulations and final regulations, comments concerning regulations and changes in the regulations. It is published Monday through Friday.

2. The Code of Federal Regulations. The government publishes it. It contains the regulations of the United States administrative agencies.

3. A statute, a court decision, and a regulation

4.  e is the correct answer.

5. d is the correct answer.

6. To carry out the day-to-day enforcement of the legislative act that created the agency.

7. Yes. Administrative agencies have adjudicatory functions.

8. primary authority

9. A statute enacted by a legislative body that empowers an administrative agency to act and defines an administrative agencies’ authority.

10. The CFR contains the federal regulations in codified format, and the regulations contained in the publication are updated once in a 12-period. The Federal Register contains daily updates to already codified regulations as well as proposed regulations.

Application of Administrative Law Concepts

Note: The answers to the questions concerning the regulations will vary depending upon the year in which these exercises are completed.

Chapter 10
Computerized Legal Research

Basic Concepts

1. Connectors indicate the relationship between search terms when constructing a search query.  On LEXIS the connectors are: and, or w/n, but not w/s and w/p.  Pre/n indicates that one term precedes the other within a certain number of words.  On WESTLAW the connectors are: &, a blank space indicating 'or', % indicates but not, /s same sentence, /p same paragraph.  +/s on WESTLAW indicates that one term precedes the other in the same sentence and +/p indicates that one term precedes the other in the same paragraph.

2. WIN is an acronym for WESTLAW and is a natural language searching system.
A search query is a selected group of words that should appear in the document on point. A search query is a string of words selected that you want to see appear in the on point documents.  You have to separate the individual terms in the query with connectors to indicate the proximity that the terms appear in relation to one another in the document.
3. Freestyle is available on LEXIS and is the natural language searching system.
Newspaper and magazine articles and wire service articles. The LEXIS News Library contains over 1200 different newspapers, newsletters, magazines, and wire services.  It is a great source of factual information.

4. KeyCite on Westlaw is a service that validates cases and statutes.
4. LEXIS organizes information in libraries and files.

5. WESTLAW organizes information in databases.

6. A search query is a string of words selected that you want to see appear in the on point documents.  You have to separate the individual terms in the query with connectors to indicate the proximity that the terms appear in relation to one another in the document.                               
                 
7. The LEXIS News Library contains over 1200 different newspapers, newsletters, magazines, and wire services.  It is a great source of factual information.

Application Exercises

1.  Answers will vary by jurisdiction.  Some jurisdictions have not adopted the Torrens system of title registration.
a.	Torrens w/p property
b.	Torrens w/p property
c.	Torrens and title
d.	Torrens w/p property. Results will vary by jurisdiction. This is a state law issue. Cases will be older.
e.	Torrens w/p property and court(high) 
f.	Answers will vary
g.	Answers will vary

2. a. license w/p propery w/p access
     b.  license w/p property w/p access
     c. property and license and access
     d. license w/p propery w/p access & court(supreme)
      e. license w/p propery w/p access & ct(high)
     f. Answers will vary
     g. Answers will vary

Application of Advanced Computerized Legal Research Concepts

1. Answers will vary by jurisdiction
a.  reject! w/p defect! w/s good
b. reject! w/p defect! w/s good
c.  answers will vary
d. answers will vary

Application of Computerized Factual Research Concepts

Answers will vary according to the time the research is conducted.  It is important for students to select the LEXIS News Library, Curnws last 90 days file or the WESTLAW Allnews or AllnewsplusNews database.  It is important that the query contain a date restriction that will vary according to the time that the query is drafted.  The query should read for LEXIS, for example, "and date aft 1/31/9509"  to obtain citations to articles two months after the date mentioned or on WESTLAW the query would include "and date(after 1/31/9509)".

c. derivative w/p financ! & date aft 1/31/09 
This query can be adjusted by date

d. derivative w/p financ! & date aft 1/31/09 
This query can be adjusted by date

e. Answers will vary.

Chapter 11
Practice Rules

Basic Concepts

1. No. The federal rules only govern proceedings in federal court.

2. Primary authorities

3.  No. The federal rules govern the proceedings in federal court.

4. Primary authorities

5. Yes

6. No. However, these rules are very persuasive authority in states that lack an evidence code of rules such as Illinois.

7. Primary authorities

8. Yes. You would review Shepard’s U.S. Citations.

9. Yes. You would review the Shepard’s citator for your state.

10. This answer would vary by state.

Application of Concepts Exercises for the Practice Rules

1. Fed. R. Civ. P. 5. You could find this in the U.S.C.A., U.S.C.S. or in several deskbooks.

2. This answer will vary depending upon the source consulted.
 
3.  This answer will vary depending upon the local rules of your court.  They should look in a deskbook or in one of the federal treatises.

4.  S.Ct. R. 5. You can find it in U.S.C.A., U.S.C.S. or a federal deskbook.

5. Fed. R. Evid. 405. You can find it in U.S.C.A., U.S.C.S. or a federal deskbook.

6. You can find these comments in deskbooks and in many treatises. These comments are persuasive secondary authorities.

7. This answer will depend upon the state. For example, Illinois does not have an evidence code. Review the state’s encyclopedia, the state statutes and the state digests. The encyclopedia will explain evidence questions generally and will provide references to any evidentiary code in force in the state. The statutory code and the digest also would provide references to any evidentiary code.

8. This answer will depend upon your local federal district court.

9.  Fed. R. App. P. 10. The U.S.C.S., U.S.C.A. or deskbooks.

10. FCRP 56

11. and 12.  The answers will vary.

13. http://www.uscourts.gov/rules/civil2007.pdf

14. Rule 11. Yes, it is still valid as of 2008.

Chapter 12 
Overview of Ethics Rules

Basic concepts

1. Yes. However, paralegals cannot be sanctioned for violation of these rules.

2. Primary authorities

3. Persuasive secondary authority

4. No. Individual states decide whether to adopt an ethics code for their states.

5. A state statutory compilation or an attorney deskbook.

6. A statute statutory compilation, a digest, and encyclopedia. The statutory compilation and the digest would contain citations to cases. The encyclopedia would explain the legal issues and provide citations to cases.

7.  Secondary persuasive authority

8. Primary binding authority

9. An encyclopedia, a law journal article, an ALR annotation or a treatise would explain the legal issues presented and would assist you in locating case authorities. These sources are excellent when you do not know a lot about a particular ethics issue. The ABA annotated model codes contain comments that are secondary authorities that would explain the drafters' purpose in adopting many ethics rules.

10. This answer will vary depending upon the state.

Application of Concept Exercises for the Rules

1. Rule 5.5. A lawyer’s deskbook.

2.  Secondary persuasive authority

3. Rule 5.3. This rule is listed in the ABA Annotated Model Rules.

4. This answer will vary depending upon the state, but it is likely to be Rule 5.5.

5. This answer will vary by state. Many states have a rule that is similar to the ABA Rule 5.3.

6. This answer will vary by state. Rules 1.7, 1.8,and 1.9 address this issue in the ABA Model Rules. You can find these in deskbooks or state codes.

7. This answer will vary by state.

8.  This answer will vary by state.

Chapter 13
Practitioner’s Materials

Basic Concepts

1.  Publishers and attorneys.

2. Forms are primary authorities if they are the adopted forms of a court. Otherwise, the forms are secondary authorities.

3. Generally, attorneys who are experts in a particular area.

4.  Secondary authority

5.  Pattern or approved jury instructions must be used in many states if one exists on point. However, if an instruction does not exist or it inaccurately states the current law, then an attorney can submit a proposed jury instruction that varies from the pattern instruction.

6.  Some federal courts do.

7. This answer will vary depending upon the state and city in which you are located.

8. The attorney’s law school, law firm, and college

9.  Review the card catalogue for a law library in your state or ask a litigation practitioner

10. Yes. Some jury instructions are available online.

Application of Concepts Exercises 

The answers for questions 1-10 will vary depending upon the state and the source students’ use. Therefore, we have not included answers for these problems. These are sample answers for 8-10 that are subject to change.

8.  Find the volume of the directory that contains Illinois law firms, then turn to the Chicago section. Next search the alphabetical listing of law firms for Sidley & Austin.

b. One First National Plaza, Chicago, IL  60603

c. This will vary.

d.  sidleyaustin.com

9.  Corboy & Demetrio.

10-13.  These answers will vary.

Chapter 14
Research Strategy

Application of Concepts: Defining the Issues and Determining the Area of Law

1.a. What are the requirements of obtaining a license in state Y.
`
b. The law of real property

c.	
1. State legal encyclopedia
2. National legal encyclopedia
3. Treatise
4. Hornbook
5. Legal periodical article
6. Textbook
7. State annotated statute
8. State digest or regional digest or Decennial digest.

d. License w/25 improv! or repair! w/50 adjoin! LEXIS
License /p improv! repair! /p adjoin! WESTLAW

2	1. State legal encyclopedia
2. National legal encyclopedia
3. Treatise
4. Hornbook
5. Legal periodical article
6. Textbook
7. State annotated statute
8. State digest or regional digest or Decennial digest.

3. The answer will vary.

4.a. Whether Michael Jones= behavior indicated that he accepted the truck despite its defects? Whether Michael Jones effectively rejected the defective truck?

b. Commercial law - sales

c.	1. State legal encyclopedia
   	2. National legal encyclopedia
   	3. Treatise
  	4. Hornbook 
  	5. Legal periodical article
  	6. Textbook
  	7. State annotated statute
      8. State digest or regional digest or Decennial digest.

d. LEXIS query: reject! or accept! w/s defect! w/s good
WESTLAW query: reject! accept! /s defect! /s good

5.	1. State legal encyclopedia
   	2. National legal encyclopedia
   	3. Treatise
   	4. Hornbook 
   	5. Legal periodical article
  	6. Textbook
   	7. State annotated statute
   	8. State digest or regional digest or Decennial digest.

6. The answer will vary.

7. A method of registering real property with a certificate of title as opposed to recording title.  You can find the answers in a treatise, hornbook, encyclopedia, and legal dictionary.

8. Answers will vary according to the jurisdiction.

9. The answer will vary.

10. Answers will vary according to the jurisdiction.

11.a. Your State

b. Dictionary or thesaurus to develop terms (secondary authority)
Encyclopedia to understand the topic and find primary authorities (secondary    source)
Digests and annotated codes to find cases (finding tools)	
Statutes and case reporters (primary sources).	

c. Answer will depend upon the student.

d. Answer will depend upon your jurisdiction. The statute generally will be based upon 2-315 of the Uniform Commercial Code.

e. Answer will vary depending upon the jurisdiction. The U.C.C. section is 2-104. 

f. Answer will vary depending upon the jurisdiction. 

g. Answer will vary depending upon the jurisdiction, but in general this should not bar recovery.

h. Answer will vary depending upon the jurisdiction.

i. Key number searches in sales, consumer protection and other areas are helpful. These searches will be varied

j. Answer will vary depending upon when this exercise is completed.

Chapter 15
Getting Ready to Write

Answers
Exercises 1 - 2
Answers will vary.  Focus on the purpose and the audience and how they determine tone and purpose.  Emphasize importance of outlining and revising.

Answers

Internet Based Exercises
1. This exercise will have a variety of answers depending on the topic of the writing assignment.
2. These exercises will have a variety of answers depending on the document chosen. The aim is to have the students start writing and use a process to aid in beginning and organizing the assignment. The web site at http://press.pubs.uchicago.edu/garner/ has some excellent exercises to help students begin the writing process.

Brainstorming Exercise
1. This exercise will have a variety of answers depending on the topic of the writing assignment.

Chapter 16
Editing

Application of Concepts Exercises

1. Debbie Brill’s oar hit Terri Rubin while both women rowed boats.

2. After the doctor of Janice’s son examined her following the accident, he told Janice that she suffered from shock. 
Or 
After her son’s physician examined her, he told her she was suffering from shock.

3.The court stated that that defendant is liable for negligence if the plaintiff proves all of the elements. 
Courts don’t believe.

4. At about 7:30 p.m. on April 12, 2005, while the plaintiff washed dishes at her home at 3106 Maple Leaf in Northbrook,  she was about 30 feet from the street where a driver struck boys at the playground.

5. Police cited Walden for driving while intoxicated and reckless operation of a motor vehicle.

6. Ms. Cannon sued Mr. Connelley in tort because she suffered nightmares, sleepless nights and eating problems after she saw her blood-covered son who Mr. Connelley struck with his Cadillac

7. When Hazelbaker bought the land, he knew that a funeral home and a combination horse farm/dog kennel operated near the subdivision.

8. If the stable and kennel odors and sounds substantially invade our clients’ land interest without consideration of any special client sensitivities, is the harm to our clients significantly more important than the benefit of the stables or kennel to the community?

9. The issue is whether it is a nuisance.

10. Karp is probably an employee rather than an independent contractor.

11.  In the previously mentioned case, the court held that the driver was not negligent because he was driving within the city’s speed limit.

12.  Plaintiff was weeding her front garden,  but it was not in clear view from her house.

13. The plaintiff filed the complaint with the court.

14.  The Whole In One (WIO) is a subsidiary of Good Ole Times Enterprises.

15. Two doctors treated the patient. 

16.  The Maines paid Eve Kurth a bi-weekly commission.

17.  The security guard allowed Bonnie Bill to enter the building to look for lost jewelry.

18. The police tested Ronnie’s blood alcohol level and found it to be .11.

19. In Consolidation, the defendant urged the court to abandon a test the U.S. Supreme Court rejected.

20.	William Halsey controlled the funeral home.  Victor Phillip and Halsey jointly own the funeral home.
.

Chapter 17
Writing Basics

Grammar Tips Application Exercises

1. To receive this protection in a corporate setting, an individual must show that he or she was a decision-making employee of the corporation at the time he or she made such allegedly privileged statements.

2.  To determine whether the attorney-client privilege protects an employee's communications, the threshold element is whether the defendant corporation employed him at the time of the conversations for which he made the allegedly privileged statements.

3.  not a sentence

4. At the time of the accident, Janice was unable to move. At first, she believed that her son was dead.

5. An individual is a Title VII employee when he or she holds the title, sales representative, provides regular sales reports, receives reimbursement for some business expenses, can draw against his or her commission, and had her employer withhold taxes.

Still a long sentence, but the tenses are now correct.
                                    
6. She alleged in her deposition that the defendant was driving recklessly and intentionally struck her son with his car.

7. Although Ronnie never threatened the plaintiff in the past, she believed that he intentionally struck her son to cause her distress.

8. Plaintiffs probably will not succeed in vacating the judgment of June 1989 because relief from judgment is an extraordinary remedy granted in exceptional circumstances. The facts of this case only show Adly’s inexcusable neglect absent extraordinary circumstances.

9. The question is whether a 50-year-old funeral home was a nuisance under common law.

10.  Similar to what?

11. Company offices don’t supervise.
Company officials did not supervise Ashton’s work.

12.  Patrick cannot play t-ball for the rest of the season and he and his family cannot attend his family’s vacation to the Wisconsin Dells because of Patrick’s injuries. It should be because of not due to.

 Patrick cannot play t-ball for the rest of the season and he and his family cannot attend his family’s vacation to the Wisconsin Dells because of Patrick’s injuries.

13. The Whole In One wants to show that it is a company that hired these women as independent contractors not employees.

Chapter 18
Briefing Cases

Basic Concepts Exercises

1. To summarize your research and to help you analyze a case.

2. The holding, the issue, the facts or the reasoning.

3. These are the facts that explain how a case came before a court.

4. These are the legal questions the court was asked to decide.

5. This is the rule of law set forth in a court’s decision concerning an issue it was asked to decide.

6.These are facts that will affect the outcome of a court’s decision.

7.  This is a statement made by a court in a decision that concerns an issue it was not asked to decide. You might include it in a brief or memorandum to support a position if you do not find any primary binding authority on point. You also could use it to argue that a court should change precedent to conform to dicta suggested in an earlier court decision.

8. The disposition of a case is essentially the procedural result of the court's decision.

9. This is an explanation of the court’s reasoning for making its decision. In it you explain the law and apply the law to the facts of the case.

10. You. However, an attorney occasionally will ask you to brief a case for his/her benefit.

Application of Concepts Exercises

For the following exercises, please review the case of Hornick v. Borough of Duryea, 507 F. Supp. 1091 (1980).

1. a is the best statement of the issue. It includes relevant facts as well as information about the current state of the law. The two questions posed in B should be combined to form a better issue statement. C does not focus on the issue involving part-time employees. D does not explain the requirements of the law.

2.   a is the best statement of the holding. It incorporates both the relevant facts and the legal standard. The two statements in B should be combined for a better statement of the law. C focuses on the wrong issue. D does not adequately address the legal standard. E lacks relevant facts or information about the applicable legal standard.

Briefing Exercises

1. Hornick v. Borough of Duryea, 507 F. Supp. 1091 (1980).

Procedural Facts: The plaintiff Hornick brought a sex discrimination action against the defendant, the Borough of Duryea. This case was tried in a bench trial. Following the trial, the parties submitted findings of act, conclusions of law and legal memoranda.

Facts: The plaintiff Hornick worked as a temporary police officer and later as a special police officer for the defendant Borough of Duryea. In 1977, the Borough had 14 full-time workers, 2 part-time workers and 7 CETA workers. The two part-time workers acted as crossing guards a couple of hours a day and were paid $40 a week.

Issue: Are part-time workers who are hired, controlled and paid by an employer considered as one of the 15 employees required to subject an employer to jurisdiction under Title VII?

Holding: Part-time workers who are hired, controlled and paid by an employer are considered among the 15 employees required to subject an employer to jurisdiction under Title VII.

Reasoning: The Borough hired, controlled and paid the part-time schools crossing guards who worked a couple of hours a day. In doing so, the Borough exerted economic and managerial control over the guards. Therefore, these part-time workers were employees of the Borough. As employees, the court should include them in the count of employees in determining whether the Borough is an employer subject to Title VII.	

Disposition: In considering the conclusions of law, the court found that the Borough was an employer and was subject to Title VII.

2. Find Barrett Indus. Trucks v. Old Republic Ins., 129 F.R.D. 515 (N.D. Ill. 1990). Brief this case.

Procedural Facts : This diversity suit arose out of an insurance dispute brought by Barrett Industries against Old Republic Insurance.

Facts: Herman Kornatz, a former employee of Barrett, who was responsible for obtaining insurance for the company. A few months after Barrett filed suit, Barrett's attorneys hired Kornatz as a litigation consultant. As a consultant, Kornatz has discussed the facts with Barrett’s counsel, assistant in Barrett’s preparation of interrogatory responses and requests to admit and verified Barrett’s interrogatory responses.

Issue: Does the attorney-client privilege extend to communications with a former employee of the client corporation now employed as a litigation consultant?

Holding: No. The attorney-client privilege does not extend to communications with former employees of a client corporation now employed as a litigation consultant.

Reasoning: Under Illinois law, Barrett bears the burden of showing that Kornatz was a member of Barrett’s control group as defined in Consolidated Coal Co. v. Bucyrus-Erie Co., 89 Ill.2d 103, 432 N.E.2d 250 (1982). Communications are privileged only if they are made by top management who have the ability to make a final decision or an employee whose advisory role to top management in a particular area is such that the decision would not normally be made without the employees’ advice or opinion. Id. at 257. when Kornatz spoke with Barrett’s attorneys, he was no longer an employee. He was not a member of the control group. Therefore, he was not entitled to claim the privilege.

3. Find Spirides v. Reinhardt, 486 F. Supp. 685 (D.C. 1980). Brief the issue of whether an individual is an employee or independent contractor.

Procedural Facts: This case is before the court on the defendant’s motion for summary judgment.

Facts: The plaintiff, Spirides, worked for Voice of America as a foreign language broadcaster. She had a contract agreement with VOA that identified her as an independent contractor and specified that she would not receive any annual or sick leave, retirement credits or hospitalization insurance.  The company paid her per assignment. It did not withhold taxes or social security payments from her wages. Spirides listed that she was a contractor on her taxes.

Issue: Whether a worker is an employee under Title VII when he or she is named as an independent contractor in a work contract and does not receive benefits, is paid by assignment and does not have taxes or social security benefits withheld?

Holding: No. A worker is not an employee under Title VII when he or she is named as an independent contractor in a contract and who does not receive benefits, is paid by assignment and who does not have social security payments or taxes withheld.

Reasoning: The wording of an employment contract between two parties was clear - Spirides was an independent contractor. She did not receive benefits typically paid to employees such as sick leave, retirement credits or hospitalization insurance. In addition, the VOA did not withhold taxes or social security payments from her paycheck. The company paid her per assignment. Spirides listed that she was a contractor on her taxes. The court considered these factors and found that Spirides was an independent contractor rather than employee and therefore not accorded protection under Title VII.

Disposition: The court granted summary judgment for the defendant.

Analysis Exercise

1. The answer will vary.

Chapter 19
The Legal Memorandum

Basic Concepts

1. To familiarize an attorney or a client with the current state of law regarding a legal issue.

2. An attorney or the client.

3. Objective never persuasive.

4. What is the purpose of a conclusion?

5. Legally significant facts that could affect a court’s decision regarding the applicable law.

6. No. It should be a statement of the current state of the law.

Chapter 20
Questions Presented and Conclusions or Brief Answers

What is missing?

1. The facts and the legal standard.

2. The legally significant facts and the legal standard.

Issue Drafting Exercise

1. What, if any, portion of the estate is a widow who is not named in a will entitled to claim when other heirs are named in the will?

. What, if any, action must the widow take to preserve her rights?

2.  Can All establish that Late gave him his interest in Loose Cannon when the stock was never physically transferred nor transferred on paper to All? 

Conclusion drafting exercises

3. State statute provides that a widow may receive 1/3 of an estate even if her spouse did not name her in the will but did name other heirs in the will.

4. A hotel can be an apparent agent of a corporation that licensed its name to the hotel, advertised on behalf of the hotel and provided operation manuals to the hotel.

5. All will not be able to establish that Late gave him the shares because he cannot establish that the gift of the shares was physically or in any manner delivered to him.

Chapter 21 
Facts

Fact Writing Exercises

1. List of legally significant facts:

~Nate Late, a business owner, has two partners in the operation of Loose Cannon Manufacturing in Gurnee Your state.
~Late owns 33 1/3 parts of a $3 million company.
~Late dies.
~The most current will leaves the estate of Late to his wife, Shirley Late, and his only son, Lou Sier.
~Ivan T. All tells Mrs. Late that Late intended to give All Late's 1/3 interest in the company and that Late told All this on the day of his death in front of a banker.  The conversation took place during a meeting and the agreement was never put into writing.
~Before this meeting, on the day of Late's death other employees of Loose Cannon heard Late say that he intended for All "to get" the business.
~Family members knew that Late intended for All to run the business and for All to get something if the business was sold.
~None of the family believed that Late intended to give the business to this newcomer.
~Late's shares of stock were never given to All. The shares were in the safe deposit box shared by Late and his wife of 24 years.
~Mrs. Late said that Mr. Late planned to give her the shares. He told her this when he opened the joint safety deposit box and gave her the key.

Extraneous facts:

~Rob R. Baron also claims that Late promised to give him the shares in the future. 
~Baron admits that Late did not physically give him the shares before he died, but Baron insists that Late said "I shall give you my shares in two years."

Facts Statement

A combination of party and reverse chronological order seems to work best.

Nate Late, a business owner, had two partners in the operation of Loose Cannon Manufacturing in Gurnee Your state. Late owned 33 1/3 shares of a $3 million company.
	
Late died. After Late’s death, Ivan I. All, a Loose Cannon employee, told Mrs. Late that her husband intended to give All Late’s portion of the business. Late’s will, however, left his estate to his wife, Shirley Late, and his only son, Lou Sier. Late's shares of stock were never given to All. The shares were in Mr. and Mrs. Late’s safe deposit box. Mrs. Late said that Mr. Late planned to give her the shares. He told her this when he secured the joint safety deposit box and gave her a key.
	
Family members knew that Late planned to have All run the business and that All would profit if the business was sold.
The family did not believe that Late intended to give the business to this newcomer.
	
All said that he could substantiate his claim because Late told All about his plan on the day of his death in front of a banker. However, he admits that the agreement was never put into writing. Just before the meeting with the banker,  employees of Loose Cannon heard Late say that he intended for All "to get" the business.

2.The answer will vary.
	
3. List of Legally Significant Facts:

~Your firm’s client is Sarah Wakefield.
~Wakefield was married to Adam Antwernt for more than 20 years and lived in their home in the Highlands of your state.
~Antwernt died on February 1, 2008 in your state.
~Antwernt purchased the home with his first wife, Carry MacOver. MacOver died in 1984.
~When Antwernt married Wakefield he never changed the deed for the home to include Wakefield. 
~Antwernt adopted a son with MacOver in 1972. The son, who is now 30 years old is Grayson Antwernt.
~Antwernt drafted his will in May of 1999.
~He and his wife were getting along fine.
~However, he excluded her from his will. He did not leave her any property.
~Instead, he left all of his property to Grayson.
~Antwernt’s will was admitted to probate on July 8, 2008.

d.	Facts Statement:
Our client, Sarah Wakefield, wants to whether the will of her late husband,  Antwernt is valid and whether he can divest her of their marital property. She also wants to know whether she can renounce the will and collect a portion of the estate.
	
Antwernt died on February 1, 2008 in your state. He excluded his wife from his will and left his property to Grayson.
Antwernt’s will was admitted to probate on July 8, 2008.
	
Wakefield was married to Adam Antwernt for more than 20 years and lived in their home in the Highlands of your state.
Antwernt purchased the home with his first wife, Carry MacOver. MacOver died in 1984. When Antwernt married Wakefield he never changed the deed for the home to include Wakefield. He drafted his will in May, 1999. 
	
Antwernt adopted a son with MacOver in 1972. The son, who is now 36 years old is Grayson Antwernt.

Reverse chronological and by party.

5.  List of Legally Significant Facts

~Panhandle often stayed at the Hospitality Resorts.
~Most advertisements stated that the hotels were independently owned and operated. 
~Some ads, such as the one that appeared in the Doctor's Weekly, which Panhandle read, did not state that independent owners owned the London hotel.
~That ad boasted about the resort. "We care about you. We take care of you. We take care of your home - our resort." 
~Hospitality Resorts actually was a trade name.
~The company who licensed the name Hospitality Resorts to other hotels was called Hospitality Resorts International, Inc.  (HRII), your client.
~Hospitality Resorts licensed the trade name of Hospitality Resorts to Fred and Ethel Carrigan of London, England for use in a hotel there.
~The Carrigan's called the hotel Hospitality Resorts of London. As part of the license agreement, Hospitality Resorts provided training to the staff.
~The Carrigans hired and fired the staff.
~HRII had no authority to hire and fire staff.
~Panhandle did not know anything about the training or the connection between the London hotel and HRII.
~HRII provided operations manuals and suggested procedures and menus.
~Personnel from HRII regularly traveled to London to advise the hotel employees about their jobs.
~HRII had no ownership interest in the London hotel. HRII was not authorized to act on behalf of the hotel nor was the hotel authorized to act on behalf of HRII.
~The license agreement between HRII and Hospitality Resort of London only provided for HRII to provide its name Hospitality Resort to the London hotel as well as some manuals and technical assistance.
~It did not authorize the London hotel to act as its agent and HRII was not an agent of the London hotel.
~HRII did include the Hospitality Resort of London in its list of Hospitality Resorts.
~That list appeared in many ads as well as in a brochure.

Facts Statement

The plaintiff, James Panhandle, a 70-year-old doctor, brought this action against our client, Hospitality Resorts International, Inc., for injuries he sustained when he fell at a London hotel bearing the name Hospitality Resorts of London on July 8,  2002.

Panhandle read an ad in Doctor’s Weekly did not state that independent owners owned the London hotel.  Hospitality Resorts International, Inc. (HRII), our client, licensed the trade name of Hospitality Resorts to Fred and Ethel Carrigan of London, England. The Carrigan’s called the hotel they owned Hospitality Resorts of London. As part of the license agreement, Hospitality Resorts trained the London staff, provided manuals, consulted concerning the operations and suggested procedures. The Carrigans, not HRII, hired and fired the London staff.

HRII was not authorized to act on behalf of the hotel nor was the hotel authorized to act on behalf of HRII.

Chapter 22
Synthesizing Cases and Authorities

Application of Synthesis Concepts 
1. a. The holding of Smith is: failure to exercise requisite care when a condition that could cause danger is known and the failure to exercise requisite care results in an injury, then that negligence is the proximate cause of the injury.
The holding of Blue is: negligence occurs when a man of ordinary prudence could foresee that an injury would result from a failure to exercise a duty (in this case failing to inspect the couplings for leaking steam).

b. Smith deals with exercising additional care whereas Blue emphasizes failure to exercise requisite care.

c. The facts differ because Smith imposes a duty on the railroad to exercise additional care in operating the train when crowded conditions are known whereas  Blue highlights that failing to exercise ordinary care can be the proximate cause of injury.

d. Smith emphasizes the relationship between the failure to perform a duty and the injury whereas Blue emphasizes that an injury is foreseeable when a duty is not performed.

e. Both cases discuss the failure of a railroad employee to perform his duty results in injury.

f. When an employee fails to exercise a duty and injury occurs as a result of the failure to perform that duty, the negligence is the proximate cause of the injury.  Smith; Blue.

2. The issues in both cases concern an alleged breach of contract and the courts’ analysis focuses on the creation of a valid and binding contract. The elements necessary to create the binding contract are analyzed - offer, acceptance and how there has to be an agreement on the terms or a meeting of the minds for the contract to be enforceable.

The subject matter of Armstrong is the sale of eggs. The subject matter of Osburn is the sale or exchange of land.
A valid contract requires that there is a meeting of the minds between the contracting parties and that there is agreement as to the terms of the offer and the acceptance. If the terms of the offer and/ or the acceptance do not coincide, the contract is not valid.  Armstrong at 612. All of the terms must be agreed upon by the parties for a contract to be settled and correspondence indicating issues and conditions do not amount to an agreement. Osburn at 605.

Chapter 23
The IRAC Method
Application Exercises
This memo follows the traditional IRAC format.
This is a good opportunity to discuss the IRAC format once again and to show how it is a checklist for the reader. You can say that legal writers use a variation on the traditional IRAC  format, usually employing a synthesis of authorities.
The order of the components in the memo are as follows:
First paragraph

I
R
A
C
Second Paragraph
R
A
C
Third Paragraph
I
R
A
C
Fourth Paragraph
I
R
A
C
Fifth Paragraph
I
R
A
C
Sixth Paragraph
I
R
A
C

Synthesizing and IRAC Drafting Exercises

2. Whether the conductor's failure to see that Ms. Jones' briefcase strap inside the train door is the      
proximate cause of her injury.  When an employee fails to exercise a duty and injury occurs as a result of       the failure to perform that duty, the negligence is the proximate cause of the injury.  

3.  Smith; Blue.
The conductor exited the train first to watch to the passengers exit the train and then signal to close the 
doors and for the train to start rolling.  The conductor's duty is to see that the passengers have disembarked and that it is safe for the train to start rolling.  Ms. Jones disembarked but her briefcase strap got caught inside the door of the train as it shut and the conductor signaled for the train to start moving with the briefcase strap inside the door. The conductor failed to perform his duty to inspect that the doors were clear so that it was safe for the train to start rolling.  The conductor's failure to exercise the requisite care was the proximate cause of Ms. Jones' injury.

4. Whether the conductor's failure to see that Ms. Jones' briefcase strap inside the train door is the proximate cause of her injury.  The operator or conductor's failure to perform inspections and the resulting negligence is the proximate cause of any injury on the train arising out of the failure of the conductor to perform his duty.  Ch. 131 Nowhere Rev. Code ' 12 (1991).  A conductor must exercise additional care when danger is foreseeable.  Ch. 131 Nowhere Rev. Code ' 14 (1991).   The conductor exited the train first to watch to the passengers exit the train and then signal to close the doors and for the train to start rolling.  The conductor's duty is to see that the passengers have disembarked, to visually inspect the doors to make sure that they are clear before closing and to see if the doors are clear before permitting the train to leave the station.  Ms. Jones disembarked but her briefcase strap got caught inside the door of the train as it shut and the conductor signaled for the train to start moving with the briefcase strap inside the door. The conductor failed to perform his duty to inspect that the doors were clear so that it was safe for the train to start rolling. The conductor should also exercise additional care to see that items carried by passengers are free from the doors because commuters carry coats, umbrellas, briefcases and pocket books.  The conductor failed to exercise additional care when dangers were foreseeable.  The conductor's failure to exercise the requisite care was the proximate cause of Ms. Jones' injury.

Chapter 24 
Outlining and Organizing a Memorandum

The answers to these exercises will vary depending upon the jurisdiction and the person researching these issues.

Research

The answers to these exercises will vary by jurisdiction.. One suggested strategy would be as follows: legal dictionaries and thesauri to find terms; encyclopedia, treatises, legal periodicals and other secondary authorities to understand the concept; statutes; annotations to statutes to find cases; digests to find cases; reporters to review cases; and citators to validate cases and find current cases.

Chapter 25
Letter Writing Assignments

For the following exercises, assume that you are a paralegal with the law firm of Coffield, Kurth and Taylor, 30 N. Wacker Drive, Chicago, Illinois, 60606. The phone number is 312-792-3161.

1.

					February 28,  2009

Gene Williams, Esq.
Law Office of Gene Williams
20 E. Washington Street
Chicago, Illinois 60611

	RE: Sale of 2525 Canterbury Lane, Glenview, Illinois 60025.

Dear Mr. Williams:

Enclosed find a $41,000 certified check for the escrow for the property. This represents 10 percent of the purchase price. The closing is tentatively set for April 1of this year.	

If you have any questions, please feel free to call.

						Sincerely,

						Sarah Benjamin
						paralegal
Encl.

SEB/cac

2. 
				Coffield, Kurth and Taylor
				 30 N. Wacker Drive
				 Chicago, Illinois, 60606.

				October 31, 2009

Joanna Mark
Law Office of Joanna Mark 
25 E. Randolph Street
Chicago, Illinois 60611

		Re: Carrots and Critters v. Rabbits and Rodents

Dear Ms.  Marks:

Enclose find a set of interrogatories in the above-referenced case.

				Sincerely,

				Benjamin Bill
				Paralegal

Encl.
cc. Alicia Coffield
BHB/cac

3. 
					Coffield, Kurth and Taylor
				 	30 N. Wacker Drive
				 	Chicago, Illinois, 60606.

					February 28,  2009

VIA FACSIMILE AND U.S. MAIL
Beth Baker, Esq.
Baker, Corvino and German
30 S. Taylor St.
Milwaukee, WI 53632

		Re: Purchase of Hocking Enterprises

Dear Mrs. Baker:

This letter is to confirm our date to negotiate the purchase of Hocking Enterprises in Brown Deer, WI. The date we agreed to meet is June 12 at 10 a.m. at your office. My clients are looking forward to meeting your clients at that time. If you need to change the date again, please feel free to call.

					Sincerely,

					Eve Hanks
					Paralegal

ELH/jmm
cc. Wally Taylor

4.
					Coffield, Kurth and Taylor
				 	30 N. Wacker Drive
					 Chicago, Illinois, 60606.

					June 12, 2009
Via Federal Express
Barry and Debbie Williams
109 Patterson
Skokie, IL.
60076

Dear Mr. and Mrs. Williams:

Enclosed are the original, signed copies of your wills and living trust. Please place these documents in a safe place, such as a safety deposit box. Our office also will retain a copy of the documents.

Thank you for selecting our firm to handle these matters. We look forward to working with you to establish your new business next year.

If you have any questions about these documents or any other matters, please feel free to call me or Wally Taylor.

					Sincerely,

					Randall S. Arthur
Encl.
cc. Wally Taylor
    Janis Harris
RSA/cac

5. 

Dear Naomi,
I have researched your claim. I am drafting a complaint and sending it to you via Federal Express. After you have reviewed it,  I will file a complaint in Hancock County Common Pleas Court. Please don’t hesitate to call me with any questions at (847)432-4867.
Thank you,
Michelle Jordan

6.
 Dear Seth,
Hope you are well. Attached to this email is the final contract for the Rachel Sarah Evening Theater. Please review this. Make your changes and return the signed contract to me at 888 N. Main Street, Glenview, Il. 60025. Please call me at (847)432-4867 if you have any questions.
Thank you,
Rachel Max

Appendix
Additional Sample Exercises

Citation Exercises
Exercise 1

1. For the following citation, Sloan v. Walker, 671 F. Supp. 325 (D.N.J. 1987), please provide the following:
		The plaintiff's name:
		The defendant's name:
		The volume number:
		The reporter:
		The page number where the case can be found:
		The court and what its abbreviation means:
		The year of decision

Citation Correction Exercises

1.	Smith v. PPG Indus. , 100 F.3d 229 (7th Cir. 2000)
2.	 Taylor v. Canteen Corp., 69 F.3d 773 (7th Cir. 1995).
3.	Steele v. Harrison, 552 P.2d 957 (Kan. 1976).
4.	Lefkowitz v. Great Minn. Surplus Store, 86 N.W.2d 689 (Minn. 1957).

Citation Exercises

1.	Fed. R. Civ. P. 56
2.	Fed. R. Civ. P. 12(b)(6).
3.	Fed. R. Evid. 803.
4.	Sup. Ct. R. 22.
5.	Fed. R. App. P. 10.
6.	United States v. Upjohn, 449 U.S. 383 (year).
7.	Continuous underlining of case name, parallel citation to regional reporter, court information in parentheses with the year – App. Ct.

Sample Examinations

This appendix includes some sample examinations for your use. Some examinations are designed to be used in class while others are take-home exams.

Legal Research Mid-Term In-Class Example

Loyola University Institute for Paralegal Studies
PLST Tuesday Evenings Room 103
Course 302 Section Z04 Credit Hours: 3.0
Instructor: Hope Viner Samborn
           
Student's Name:

Mid-Term Examination Legal Research

Instructions: Please provide complete answers to the following questions. The test is worth 100 points. It consists of 50 questions. Each question is worth 2 points. Be careful to follow any special directions given for a particular question or set of questions. You may use your Bluebook for the citation questions only. Do not use any notes or any other books. You will have the entire class period to complete this examination. Good Luck!

1. List three different primary authorities (general descriptions not sources in which they can be found).

2. List five different secondary authorities (general descriptions or specific sources).

3. If you are searching in a digest for a case abstract, list two places you might start.

4. List three reasons you would use Shepard's Citations.

5. Where would you look to find the most current cases listed in the Illinois digest for a particular key number? (Be specific)
6. What are slip opinions? When would you cite one?

7. List three sources that contain parallel citations.

8. a. What is the U.S. district court?

b. What is the name of the reporter that would contain a 1980 U.S. district court case?

9. a. What are headnotes? (Be specific).

b.  Who writes the headnotes?

c. When would you cite one? List every situation.

10. a. What is dicta?

b.  Would you ever cite dicta as mandatory authority?

11. List two important rules that a paralegal or an attorney must follow when undertaking a research project.

12. What digest or digests would contain a case abstract decided in 1992 by the United States Court of Appeals for the Seventh Circuit located in Illinois dealing with a question of Illinois law? (If more than one digest would contain the case abstract, both must be listed).

13. What is the American Digest System?

14. Are all of the restatements mandatory or persuasive authority in Illinois? 

15. List three examples of primary authority that might be found in a looseleaf. 

16. a. What is the difference between a model act and a uniform act? 

b. If one is a primary authority, list it below.

17. a. When would you cite an Illinois attorney general's opinion? 

b. Is it mandatory or persuasive authority?

For questions 18-23, circle the correct and complete answer. You should only circle one letter.

18. Which of the following can be Shepardized in Shepard's United States Citations?

	a. citations for U.S. Supreme Court cases
	b. citations for U.S. Reports Lawyer's Edition cases
	c. citations for Supreme Court Reporter cases
	d. citations for U.S. District Court cases
	e. a, b, and c only
	f. a-d above

19. Which of the following can be Shepardized in the Illinois Shepard's Citations?

	a. An Illinois Appellate Court case
	b. An Illinois rule of court
	c. An Illinois statute
	d. An Illinois Supreme Court case
	e. a and d only
	f. a-d above

20. A looseleaf service:

	a. is comprehensive
	b. is current
	c. is a mini-library
	d. contains only commentary
	e. a, b, and c only
	f. a-d above

21. Looseleaf services often contain:

	a. commentary written by attorneys
	b. commentary written by publishers
	c. primary authorities
	d. a and c only
	e. b and c only
	f. a-c above

22. A treatise

	a. is written by an expert
	b. always contains primary authority that is complete and can 	   		be cited directly from the treatise as it is printed
	c. is a secondary authority
	d. may contain citations to cases from all 50 states
	e. a, c, and d only
	f. a-d above

23. American Law Reports:
	a. are treatises
	b. contain annotations or articles written by lawyers
	c. always focus on the law of one state only
	d. contain references to other resources
	e. b and d
	f. a-d above

For questions 24-33, provide the citation in Bluebook format as if you were citing the source in a brief to the U.S. Supreme Court. You may use your Bluebook.

24. Ackerman v. United States, 340 U.S. 193 (1950); 71 Supreme Court Reporter 209; 

25. Title 29 of the Code of  Federal Regulations Section 571.208 published in 1989). 

26. Baker Driveway Company Incorporated verses Bankhead Enterprises found in volume 478 of the Federal Supplement at page  857 decided by the Eastern District of Michigan in 1979.

27. Title 28 of the United States Code Section   1446(b) found in the 1988 edition.

28. Trepel v. Pontiac Osteopathic Hospital,  found in volume135 of the Michigan Appellate Reporter at page 374 and in Volume 354 of the Northwestern Reporter 2d on page 341. This case was decided in 1984. The Supreme Court denied leave in 1985. That decision is found in volume 422 of the Michigan Reports at page 853.	

29. Wood v. General Motors Corporation,  865 Federal Reporter 2d 395. The citations are on pages 401-02, 408, 412. The case was decided by the First Circuit Court of Appeals in  1988. The U.S. Supreme Court denied cert. on April 2, 1990. That decision can be found in 58 United States Law Week on page 3628.

30. FMC Corp. v. Varonos, 892 Federal Reporter 2d 1308 found at page 1310 decided by the Seventh Circuit Court of Appeals in 1990.

31.  List two important questions to ask an attorney before when you begin researching.

32. You must research the federal legal issue of jurisdiction. Map out your strategy below. List at least four sources you might consult.  Assume that you do not know anything about jurisdiction.

33. If the text of a decision published in U.S. Reports differs from the text of the same opinion published in the Supreme Court Reporter, which version governs and why?

For questions 34-42, answer true or false. Please don't change the sentence in any way. Carefully read each question.

34.	 ______ While researching federal legal issues, you would only consult the most recent federal digest because it is the only digest in the series that might contain relevant decisions. All of the older digests in the series are out of date.

35. 	______ Headnotes always accurately reflect what a court said in its opinion.

36. 	______ When the Illinois Supreme Court decides an issue 	regarding Illinois criminal law which is not constitutional in nature, it is always bound to follow decisions of the United States Supreme Court regarding the same issue in a different case.

37.	______ When a U.S. District Court located in Illinois decides an issue of federal law, it must follow a decision of the U.S. Court of Appeals for the Tenth Circuit sitting in Denver concerning the same issue.

38. 	______ When the U.S. Court of Appeals for the Sixth Circuit sitting in Cincinnati, Ohio decides an issue of Ohio law, it must follow a decision of the U.S. Supreme Court concerning the same issue in a different case.

39.	______ When an Illinois appellate court decides an issue of federal labor law, it must follow a decision of the U.S. Supreme Court concerning the same issue.

40.	______ When the Ohio Supreme Court decides an issue of U.S. 	Constitutional law, it must follow decisions of the U.S. Supreme Court.

41. 	______ The state and federal courts publish Shepard's citations.

42. 	______ An encyclopedia is a mandatory authority in Illinois.

Please provide short answers for the following questions.

43. List at least four sources you might consult when you begin your research concerning civil trespass in Illinois. Assume you do not know anything about civil trespass actions.

44. If you researching the topic of damages in a negligence action, how would you locate case abstracts in the Illinois digest? List at least two methods. Be specific about how you would perform each method and the type of information you would need for each step. Be specific.

45. While you were researching the issue of damages in negligence cases, you found a statement or sentence in negligence section 68 of the hardbound volume of American Jurisprudence 2d which was perfect for your case, how would you find the most current case citations included in the American Jurisprudence for the same point? List the steps you would take and the specific information you would need to find those case citations.

For questions 46-47, refer to Burk V. Friedman, 556 F 2nd 867 77th C.I.R.(1977).

46. Where in the Federal Practice Digest would you find other cases that would be similar to headnote 3 contained in this case?

47. On what page does the court's discussion of headnote four appear?

 
For questions 48-50, use attachment "B." Attach a Shepard’s page for 255 N.E.2d 502 to be used as Attachment B.

48. List the parallel citation or citations for 255 N.E.2d 502.

49. Assuming this is the only place 255 N.E.2d 502 appears in Shepard's, has it been overruled?

50. What headnotes of 255 N.E.2d 502 are cited by the cases listed on this page?  

Legal Research In-Class Final Examination

Loyola University
Institute for Paralegal Studies
PLST Wednesday afternoons 1:15 p.m. Room 112
Course 302 Section Z03 Credit Hours: 3.0
Instructor: Hope Viner Samborn
Student's Name:

Please answer all 50 questions below. Each is worth 2 points.
You may use your Bluebook for any citation problems. Do not use any other materials.

Read the questions carefully. One word can make a big difference. Follow the specific directions for each question or set of questions.

Good Luck!

True and False

For this section, indicate whether the sentence is true or false.

1.   _______ Legislative bodies create case law, which is primary authority.

2.   _______ Case law, statutes and constitutions are three types primary authority.

3.   _______ Treatises are examples of primary authority.

4.   _______ The Restatement should be cited as binding precedent in all cases. 

5.   _______ Administrative decisions are secondary authority.

6.   _______ Fanal v. Q.S.E. Foods, Inc.,  328 N.E.2d 538 (Ill. Sup. Ct. 1975) is the official citation for an Illinois court case decided by the Illinois Supreme Court and this is the proper way to cite it to an Illinois court.	

7.   _______ Looseleaf services contain only secondary information.

8.   _______ Shepard's is the only method to check whether a case citation is current.

9.   _______ The official version of a federal appellate court case is contained in the Federal Supplement.

10.  _______ United States Supreme Court decisions can be found in the Federal Reporter.

11.  _______ If a United States Supreme Court decision was not  published in the Supreme Court Reporter, it would be proper to cite a newspaper article about the decision  published in the National Law Journal about three weeks after the decision was made.  

12.  ______ As a paralegal, you are to research only the law that  supports your client's position and to ignore any non-supporting authorities. 

For the following questions, select the correct answer. There is only one correct answer.

13. Within two weeks after the United States Supreme Court decides a case, decisions can be found in the following sources:
	a. U.S. Law Week
	b. The Supreme Court Bulletin
	c. LEXIS and WESTLAW
	d. slip opinions
	e. All of the above

14.  Lists of parallel citations always can be located by using the following:
	a. The West Regional Reporters
	b. Black's Law Dictionary 
	c. The National Blue Book
	d. American Law Reports
	e. a and c only

15.  LEXIS, not WESTLAW, provides that of the following services:
	a. Auto-Cite
	b. KeyCite
	c. key number searches
	d. a and b only
	e. a, b, and c.

16.  WESTLAW, not LEXIS, provides that of the following services:
	a. key number searches
	b. Auto-Cite
	c. Key Cite
	d. star paging
	e. a-d above.

17.  The West Regional Reporter that contains Illinois cases is:
	a. Atlantic Reporter 
	b. Southern Reporter
	c. The Midwestern Reporter
	d. The Northwest Reporter
	e. The Northeast Reporter

18.  F.2d is the abbreviation for:
	a. The reporter that contains Federal District Court decisions
	b. The reporter that contains Federal Appellate Court decisions
	c. The Federal Reporter
	d. b and c only
	e. a, b, and c.

19.  Legal research should be performed on the computer
	a. when the material sought is unavailable in print.
	b. when the issue to be researched is very broad.
	c. once the print materials have been used to limit the research.
	d. all of the above
	e. a and c only.

20.  As a general rule it is proper to quote the following portions of a case in a brief addressed to the Illinois Supreme Court.
	a. the syllabus
	b. the headnote
	c. the opinion
	d. a and c only.
	e. all of the above

21.  Which of the following decisions would be binding precedent upon the United States Court of Appeals for the Seventh Circuit located in Chicago regarding an issue of federal law?
	a. A decision of the United States Supreme Court.
	b. A decision of a United States Court of Appeals for the Fifth Circuit.                    
	c. A decision of the United States District Court located in Chicago. 
	d. a and b only.
	e. all of the above

22.  Which of the following decisions would be binding upon the United States Court of Appeals for the Tenth Circuit regarding an issue of federal law?
	a. A decision of the United States Supreme Court
	b. A decision of the United States Seventh Circuit Court of Appeals located in Chicago
	c. A decision of the Colorado Supreme Court
	d. all of the above
	e. a and b only

23. Which of the following digests or digest systems would contain a case abstract of a decision of a federal trial court located in Illinois?
	a. a federal practice digest
	b. an Illinois digest
	c. The American digest system
	d. a and c only.
	e. a, b, and c.

24. When a case is before a federal district court located in Illinois, the following sets of rules may apply during the proceedings:
	a. The local rules of the federal trial court
	b. The Illinois Code of Civil Procedure
	c. The Federal Rules of Civil Procedure
	d. a and c only.
	e. all of the above.

25. You must research whether an Illinois corporation that employs 1,200 people must give its employees notice of its plans to close a plant. You have been asked to determine whether federal law addresses this point. What source should you review first?
	a. The U.S.C.
	b. The Illinois statutes
	c. An Illinois Digests
	d. A federal digest

26. Which of the following sources contain the full text of a United States statute?
	a. U.S.C.S.
	b. U.S.C.A.
	c. U.S.C.
	d. Statutes At Large
	e. all of the above.

27. Which of the following is an incorrect statement?
	a. Secondary authority is persuasive authority that can be used to persuade a judge to decide in your client's favor.
	b. Corbin's treatise on contracts is an example of secondary 	authority.
	c. Looseleaf services contain secondary authority.
	d. The United States Code contains secondary authority.
	e. The Restatements are persuasive secondary authorities.

28. When a case is pending in the Illinois Circuit Court of Cook County, the following rules may apply during the course of the proceedings:
	a. local rules and orders
	b. the Illinois Code of Civil Procedure
	c. the Federal Rules of Civil Procedure
	d. a and b only
	e. a-c above   

Citation

 Remember you may use your Bluebook.  Indicate whether each of the citations below would be a proper Bluebook citation for the sources given. Place an "A" next to the accurate citations. Place an "I" next to any inaccurate or incomplete citations. For any inaccurate citation, provide the correct citation. For any incomplete citation, note any missing items. If a reporter is incorrect, please note it. Prepare the correct citations as if you were citing the case in a brief for an Illinois state court.

___________ 29.Honda Associates, Incorporated. vs. Nozawa Trading, Inc., (1974) 374 Federal. Supplement 886 (Southern District of New York)

___________ 30.  United States Code Section 1391 in Title  28  published in 1988 and the supplement published in 1992.

___________ 31. Houghton v. Piper Aircraft Corp., 112 Ariz. 365, 367, 534 P. 2nd 24, 26 (Arizona Supreme Ct. May 19 1975).

32. What is the difference between Auto-Cite and Shepard's citations? Be specific.

33. List three advantages of using the computerized Shepard's.

34. List two different searches that can be performed on WESTLAW, but cannot be performed on LEXIS with different commands.

35. List two advantages of computerized legal research.

36. List two disadvantages of computerized legal research.

37. Your law firm represents a 72-year-old man in an age discrimination in employment case. You are assisting in the trial currently being held in the United States District Court in Chicago. On April 24, 1993, the United States Supreme Court decided a case that directly impacts the calculation of damages in your employment case. The phone lines are down and you cannot retrieve the case on WESTLAW or LEXIS. List at least three other sources you could use to find the case and then cite it to the court.

38. While researching an issue in the digest you discover several cases on point. They are listed under the attorney and client key number 101.2. You now want to search for similar cases using the computer. List one simple type of search you could perform. What computer service would you use? What key number, if any, would you use? Tell me the steps you would take.

39. For the following, circle only the item or items that can be Shepardized:
a. An Illinois Supreme Court case
b. A United States Code section
c. A United States regulation
d. An Illinois Supreme Court Rule
e. A law review article published in the Harvard Law Review

40.  Circle each item provided in United States Reports - Lawyer's Edition.
	a. full case reports
	b. references to Lawyers Publishing Cooperative Publications
	c. references to West Publishing Co. sources.
	d. case briefs
	e. case annotations

41. Which of the following can be performed with some computer systems connected to either WESTLAW or LEXIS? Circle all.

	a. Forms or cases can be downloaded onto a computer disk into WordPerfect format.

	b. Newspaper articles and medical journal articles can be retrieved.  
           	
	c. Software can be used to automatically cite check a document.

	d. Some public records can be accessed 24-hours a day.

42. List six sources or methods that should be completed each time you evaluate the validity of a court decision using printed and computer sources.

43. Why would you research the legislative history of a statute?

44. List two ways to locate relevant material in an encyclopedia.

45. List two reasons you would use a treatise.

46. List two reasons you would use an encyclopedia.

47. If the Illinois Supreme Court "adopted" section 315 comment K of the Restatement of Torts 2d on April 21, 1993, what type of authority would that section of the Restatement be on April 23, 1993?

48. Where would you look in the U.S.C.A. to find the most current case annotations and statutory amendments?

49. If  you were searching for federal administrative decisions, which code would be most helpful?

50. If you were told to find a regulation dealing with federal environmental law, list three sources or types of sources which might be helpful and explain why.

 Legal Research Take-Home Examination

Instructions: Please carefully research the following issue. Limit your research to the questions asked. Do not pursue other issues. You will not be given any additional credit for pursuing them.  Please be careful and complete. This exam is due December 16, 2009 at the beginning of class. Do not work together in any way on this examination.

Part A
Use primary and secondary print sources only to find the answer to this question. Find citations only to cases after 1990. You should find no more than a total of 10 primary authorities. Do not include any earlier cases. Once you have located cases or authorities that you use to support a position, Shepardize these cases using the bound volumes and printed supplements. Copy by hand or machine the citations for each of the relevant Shepard's and indicate volumes that contained the hand-printed citations or photocopied pages. Once you have completed the print Shepard's review, then do an Auto-Cite of each of the relevant cases. Shepardize the cases on the computer. Search Key Cite for each of the relevant cases. Print your results (first screen only) of the Key Cite, and the Auto-Cite searches. If you do not find any cases when you do an Auto-Cite or  Key Cite search, note it and provide it to me. When you list a source below, please list it in Bluebook form.

	
You are a paralegal with the firm of Probing and Will. You have been asked to research the following problem and provide answers to the following questions. The attorney presents the following problem:
	
Your client is Sarah White. She was married to Adam Antwernt. Antwernt died on June 6, 1992, in your state following a long illness. White was Antwernt second wife. She had been married to him for more than 20 years and lived in their home in the Highlands of your state. Antwernt purchased the home with his first wife, Carry MacOver. MacOver died in 1965. When Antwernt married White, he never changed the deed for the home to include White. White kept her maiden name. Antwernt adopted with MacOver in 1964 a 30-year-old son named Grayson Antwernt .
	
Antwernt drafted his will three months ago. He and his wife were getting along fine. However, he excluded her from the will. He didn't leave her any property. Instead, he left all of his property to Grayson. Antwernt's will was admitted to probate on this month.

White wants to know whether under your state Antwernt can validly by the terms of the will divest her of her marital property or whether she can renounce the will and collect a portion of the estate.
	
Grayson is out of town, and his attorney told White that she will get her share of the estate once Grayson returns. He was scheduled to return this month, three days after the will is admitted to probate. 

Answer each of the following questions fully and provide authority i.e. cases, secondary sources, if necessary, or laws, to support your position. Indicate whether the authority is primary or secondary authority and whether it is mandatory or persuasive authority. Remember to use secondary authority as if you were making an argument to the court. 

First, what law governs this problem and what is the highest court in the jurisdiction?

	

Where should you begin your research?

	
List any secondary and primary sources you consult. Provide the citation for each source in Bluebook format. List the sources in order of your consultation. List any finding tools you use and where you locate information in these references.

	

 Under your state law, can Antwernt by the terms of the will divest White of property he or she owned, or can White renounce the will and collect a portion of the estate? Provide any authority that supports your position.

If White can successfully challenge the will, how much, if any, of Antwernt's estate could she receive? Please provide any authority that supports your position.

Will it affect White's rights under the law of your state to wait until Grayson returns before she files any papers with the probate court? Provide any authority that supports your position. 

Would the notice to the court listed below preserve White's rights under the law of your state? "Notice is hereby given that the undersigned, Sarah White, hereby claims an interest in all personal property and real estate subject to claim by virtue of the marriage of the undersigned with the decedent." Provide any authority that supports your position.

Is Grayson a descendant under the law of Illinois? Provide any authority that supports your position.

Part B 
These problems all involve the use of the computer. Print the screen that  contains the search you used. Print the results. If your search yields multiple sources, print a list of the sources.  (Each question is worth 5 points.)

1. Use the computer to find the case 64 NW2d 38 (1964). Shepardize this case and perform a Key Cite. Print only the first page of the results and only the first page of items with multiple documents or ranks.

2. Write the search below which you would use to find the case Zimmerman v. North American Signal Co. on LEXIS and on WESTLAW. Perform the search. 

3. Search for Master and Servant key number 30 (6.35) in all 50 states. Print the search and a citation list of the cases.

4. Using LEXIS find Ohio Rev. Code section 2917.21.

  
5. Using WESTLAW, retrieve the following case 711 F.2d 1332. Do an Auto-Cite of this case and a Key Cite.

Legal Writing Take-Home Examination

Closed Memo

Bobby Lee, a superstar for the Chicago Black Birds, played terrific defense during the 1993 season. He scored the most goals for the Birds and played almost every period. During the Stanley Cup playoffs, one of Lee's friends came to see him play. The friend, Mark Jordan, slipped on a puddle of pop at 7 p.m. just before most fans arrived at the stadium for the 7:30 p.m. game. Randy Ruckus, a devout Birds fan, told a guard, Johnny Bee, about the pop puddle two nights earlier. That was when Ruckus spilled the pop. Bee told the head of the cleaning staff, Maggie Tildy, and the president of the Birds, Stuart Navarre, about the pop spill two days before Krupp fell. Tildy worked for the Birds organization.
	
The Birds had contracted with the stadium owner to use the stadium. Based upon the contract, the Birds organization was responsible for cleaning the stadium after each game and was liable for any injuries that occurred as a result of the organization's failure to clean the stadium properly.
	
Krupp, a 6'9'' minor Chicago Cows basketball player, fell hard on the cement stadium floor. He injured his ankle. As a result, Krupp could not play in the NBA playoffs against Phoenix.
	
In July of 1993, Krupp brought suit against the Black Birds. In June of 1993, Navarre left the organization. In July of 1993, Navarre met with the attorney representing the Birds, Terri Lynn. Lynn did not represent Navarre. He told the attorney that Ruckus mentioned the pop spill two days before the accident. Navarre and the attorney discuss the incident in great detail. Navarre told Lynn that he blamed the Birds' organization for the injury. Then Lynn spoke with Tildy about the spill. Tildy also told Lynn that she knew about the spill and that she believed that the Birds' organization was negligent.
	
The case is set for trial in February of this year. Depositions are being taken. During Navarre's deposition, Krupp's attorney, Melvin Kelly, asked him whether he had any conversations with Lynn about the incident. Navarre said, "yes." Kelly asked Navarre the substance of the conversations. Navarre asserted the attorney-client privilege. Is he entitled to do so under the law of your state?
	
During Tildy's deposition, Kelly asked her about conversations she had with Lynn. She also asserted the attorney-client privilege. Is she entitled to do so under the law of your state?
	
Please provide a full discussion of this issue.

In-Class Legal Writing Examination

Final examination 

Please read the following problem and the attached cases. You will write an objective memo using the facts and cases provided. The memo will be in IRAC format. You must use correct Bluebook citation.

To: Legal Assistant

From: Associate

Date: Today

Re: Michael Jones and Grimy's Auto and Truck Service

Our client, Michael Jones, came to us with the following problem. Mr. Jones wants to know whether this is a matter that he should pursue with litigation. I would like you to evaluate the cases in light of the facts presented and write an objective memo as to your findings.

Grimy's Auto and Truck Repair Service, Inc., was in the business of buying, reconditioning and then selling used trucks. Grimy's is located at 2300 Stream Road, Village of Stream Grove, Illinois.

On November 28, 1998, Mr. Jones purchased from Grimy's a 1983 Kenworth truck and paid the agreed upon purchase price of $15,225.00 in full. The agreement to purchase the truck was based upon the follow representations by Grimy's:

(A) the engine of the truck was completed overhauled and consisted of newly rebuilt, reconditioned parts;

(B)  all parts in the rebuilt engine would be guaranteed and Jones would be supplied with invoices for parts purchased to overhaul the engine;

(C) the tractor/trailer was like brand new and ready for road use of the type and extent generally involved in the over-the-road interstate trucking industry.

Mr. Jones claims that the truck was not in the condition that Grimy's represented it to be in. The heads were old and had not been reconditions and other parts, including at least two pistons, two rods, two sleeves and injectors were not new, were defective and had not been reconditioned. As a consequence of the failure of the truck to be in the agreed upon condition, the truck broke down causing Mr. Jones to miss jobs for extended periods of time; this resulted in a loss of wages for Mr. Jones.

Mr. Jones also made the following expenditures to repair the truck:

a. $3,604.18 for replacement of Nos. 5 and 6 cylinders that occurred on December 23, 1989;
b. $312,49 for replacement of a broken path tube in No. 6 cylinder on December 13, 1991;
c. $247.00 for towing the truck to Grimy’s on December 16, 1992;
d. Estimated repair costs of $9,000.00 to repair the vehicle that is currently disabled in Columbus, Ohio.

Mr. Jones wants to sue Grimy’s for lost wages and profits as well as the cost of repairing the truck.  The two issues that you should focus on are as follows:

By repairing and continuing to use the truck, despite the defects, did Jones' behavior indicate acceptance?
Whether Jones improperly rejected the truck?

Attach two cases: Presto Manufacturing Co. Inc vs. Formetal Engineering Co., 46 Ill. App. 3d 7, 360 N.E.2d 510 (1977).

Olson Rug Co. v. Smarto, 55 Ill. App. 2d 348, 204 N.E.2d 838 (1965).