Legal Research, Analysis, and Writing

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Cengage Learning, 2004 - Law - 659 pages
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Paralegals find that they are being called upon to perform increasingly complex tasks, and Legal Research, Writing and Analysis will give them the knowledge and comfort level they need to confidently conduct their work. This text helps paralegal students and law students understand primary and secondary authority, identify and state issues, apply case law and perform counteranalysis. Particular focus is placed on the writing process, including such subject areas of fundamentals of writing, the legal writing process, office legal memoranda, court briefs and correspondence. This information is offered in a user-friendly format using examples and hypotheticals to illustrate the concepts. A Web site related to the text provides students the convenience of accessing assignments on line.
 

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Contents

Process
1
Introduction to Legal Research and Analysis
25
General Considerations
37
Legal Research
47
Case LawResearch and Briefing
97
Court OpinionsResearching
104
Court OpinionBriefing Case Brief
116
Secondary AuthorityEncyclopedias Treatises American Law Reports
132
Counteranalysis
384
Counteranalysis Techniques
397
Legal Writing
405
Grammar
417
Punctuation
424
The Writing Process for Effective Legal Writing
437
General Research Suggestions
453
Issues and Facts
461

Treatises
143
Digests
155
Secondary Authority Periodicals Restatements Uniform Laws Dictio
183
Restatements of the Law
191
Uniform Laws and Model Acts
200
Computers and Legal Research
220
Finding Secondary Authority
236
Computers and Legal
252
Legal Citation
256
General Rules of Citation
258
The Specifics of Legal Analysis
297
Legal AnalysisIssue Identification
318
Legal AnalysisIssue Identification
319
Legal AnalysisStating the Issue
343
Case Law AnalysisIs a Case on Point?
364
A Step 1Are the Key Facts Sufficiently
378
Sections of the Office Memorandum
469
Preparing an Interoffice
479
Analysis to Conclusion
485
Rule of Law
488
Recommendations
497
Court Briefs
515
Trial Court Briefs
525
Appellate Court Briefs
531
Correspondence
545
Preparing Legal
559
Appendix A Court Opinions Referred to in the Text
567
Appendix B Appellate Court Brief
614
Web Sites
645
Index
653
Copyright

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About the author (2004)

William Putman was an instructor in the Legal Assistant Studies Program at Central New Mexico Community College in Albuquerque, New Mexico, as well as the Paralegal Studies Program at Santa Fe Community College, in Santa Fe, New Mexico for ten years. He received his Juris Doctor degree from the University of New Mexico School of Law, and has been a member of the New Mexico Bar since 1975.

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