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• Title:Legal reasoning, research, and writing for international graduate students / Nadia E. Nedzel.
  
•    
• Author/Creator:Nedzel, Nadia E., 1954- author.
  
• Published/Created:New York : Wolters Kluwer, [2021]
  ©2021
  

• Holdings

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  • Location: c.1  Temporarily shelved at LAW LIBRARY reference room (level 2)Where is this?
    
  • Call Number: KF240 .N43 2021
    
  • Number of Items:1
    
  • Status:Available
    

   
• Library of Congress Subjects:Legal research--United States.
  Law--United States--Methodology.
  Legal composition.
  
• Edition:Fifth edition.
  
• Description:xxv, 356 pages : illustrations ; 26 cm
  
• Series:Aspen coursebook series.
  
• Notes:Includes bibliographical references and index.
  
• ISBN:9781543810844 (paperback)
  1543810845 (paperback)
  9781543831184 (electronic book)
  
• Contents:Machine generated contents note: I. Preparing for and Participating in U.S. Law School Classes
  II. Engaged Reading and a Study Plan
  A. Time Management and Prioritization
  B. Engaged Reading
  1. Strategic Reading
  2. Reading with Focus, Efficiency, and Engagement
  a. Book Briefing and Engaged Reading
  b. Read with Legal Dictionary, Hornbook, and Statute Book at Hand
  III. Briefing Cases
  A. Why Should You Prepare Case Briefs?
  B. Components of a Case Brief
  Practice Assignment
  IV. Class Participation
  V. Outlining
  Exercise
  Discussion Questions
  Supplementary Exercise
  Checklists
  ch. 1 United States Common Law
  Introduction
  I. Nature of U.S. Common Law, as Compared to Other Legal Systems
  A. U.S. Common Law Contrasted with Civilian Jurisdictions
  B. Background Norms of United States Law
  1. United States Law as Compared to Shar'ia (Islamic) Law
  2. United States Law as Compared to Asian Legal Traditions
  3. United States Legal Philosophy as Compared to Marxist/Leninist Theories
  II. Comparative Development of Western Legal Systems
  A. Civil Law Tradition
  B. Anglo-American Development of Common Law
  1. Founding of Circuit Courts, Separation of Law and Religion, and Stare Decisis
  2. Role of Scholars
  3. Jury System
  4. Common Law Civil Procedure: Writ Pleading, the Distinction between Law and Equity, and Its Effect on the Jury System
  5. Legal Education
  III. Study of Law in the United States: The Case Method
  Discussion Questions
  Bibliography
  ch. 2 Introduction to American Legal Research and the Federal System
  I. United States Legal Resources
  A. Types of Legal Resources
  B. Advantages and Disadvantages of Various Research Media
  II. Research Techniques and Interpretive Skills
  III. First Research and Interpretive Skills: Finding a Given Legal Authority and Understanding Its Relative Weight
  A. Primary Authority and Citation Forms
  1. Constitutions
  2. Statutes
  3. Regulations
  4. Case Law
  a. Role of Judicial Review
  b. Official and Unofficial Versions
  c. Commercial Versions versus Official Versions
  d. Federal Court Reporters
  e. Regional Reporters
  5. International and Foreign Law
  B. Secondary Sources
  IV. First Interpretive Skill: Relative Weight of Authority
  A. Primary versus Secondary Authority (i.e., law and not-law)
  B. Primary Authority: the Three-Tier Court System
  C. Primary Authority: Mandatory versus Persuasive
  D. Federalism, Subject Matter Jurisdiction, and the Preemption Doctrine
  E. Timeliness
  Discussion Questions
  Exercise
  Exercise Hints for Various Media
  Quick Review Charts
  ch. 3 Legal Reasoning and Objective Legal Writing: IRAC, the Hypothetical Exam, and the Interoffice Memo
  Introduction
  I. Deductive Reasoning and the Syllogism
  II. IRAC and CRAC Reasoning
  A. I: Identification of an Issue
  B. R: Analysis of a Legal Rule
  1. Types of Legal Rules
  a. Elemental or Conjunctive Rules
  b. Disjunctive Rules
  c. Exceptions
  d. Factors and Balancing Tests
  e. Totality-of-the-Circumstances Rules
  f. "If then"
  A Shortcut for Statutes
  2. Difficulties in Stating Common Law Rules
  3. Inductive Reasoning: Incorporating Case Law into the Rule Analysis
  4. Incorporating Policy Concerns
  5. Considering Relative Weight of Authority
  C. and C: Application and Conclusion
  III. Example of IRAC Analysis: The Gun-in-the-Boot Problem
  A. Facts and Basic Rule Analysis
  B. Case Law
  C. Issue Identification
  D. Example of a Case Law Chart
  E. Factual Comparisons to the Harris Problem and Informal Application of Rules to Facts
  F. Policy Analysis
  G. Summary
  IV. Preparing for and Taking Examinations
  A. Outlining
  B. Studying and Practicing with Hypothetical Problems
  C. Exam Strategy
  1. Read the General Directions
  2. Budget Your Time for Each Question
  3. One-Third of the Allotted Time for Each Question Is for Reading and Outlining
  4. Read Each Question Twice before Outlining and Answering
  5. Highlight and Note Key Concepts As You Read
  6. OuUine Your Answer with One or More T-Bars
  7. Write Your Answer with An Eye on the Clock
  D. Common Errors
  1. Taking Sides
  2. Failing to State Controlling Law Explicitly
  3. Failing to Show Understanding of the Relationship between Legal Issues
  4. Mixing Legal Categories, IRARARAC, Brain-Dump
  5. Discussing Irrelevant Legal Principles
  V. Interoffice Memo
  A. Assignment: Interviewing the Employer
  B. Interoffice Memo Form
  C. Discussion Section
  1. Two-Issue Discussion Sections
  a. Rule Section (major premise)
  b. Application Section (minor premise)
  2. Concluding Sentence
  D. Other Information about the Interoffice Memo
  1. Tone and Style
  2. Citations
  3. Plagiarism
  4. Revising
  VI. Sample Interoffice Memo
  Exercise
  Checklist for Final Exams
  Checklist for Drafting Interoffice Memos
  Bibliography
  ch. 4 Legal Process
  Introduction to Civil and Administrative Procedure
  I. U.S. Civil Trial Procedure
  A. Summary of Civil Trial Sequence
  B. Documents and Details of Civil Trials
  C. Pretrial Procedure and Documents
  1. Preliminary Documents
  2. Discovery
  a. Policy Reasons for Broad Powers of Discovery
  b. Types of Discovery
  D. Trial
  E. Levels of Proof and Standards of Review
  1. Level of Proof at Trial
  2. Standards of Review
  II. Administrative Process
  A. Rulemaking Processes
  B. Adjudication Processes
  C. Judicial Review of Agency Decisions and the Chevron Standard of Review
  Discussion Questions
  ch. 5 Research Process
  Introduction
  I. Ethical and Practical Demands
  II. Research Process
  III. Stage 1: The Research Log, Planning and Background Research
  A. Facts: Who, What, When, Where, Why, and How
  B. Jurisdiction, Area of Law, and Issue or Search Terms
  C. Research Media Choice
  D. Initial Research Plan
  E. Research in Secondary Sources
  1. Get an Overview of Area of Law and Underlying Policy Considerations
  2. Identify Source or Sources of Law
  3. Revise List of Search Terms or Issue Statement
  4. Locate the Applicable Legal Principle
  5. Scavenge Secondary Sources for Citations to Mandatory Authority
  F. Issue Statement Refinement
  G. Research Plan Refinement
  IV. Staying Focused
  V. Practical Skills
  A. Preserving Research Results
  B. Reading for Research
  C. Planning Project Time
  D. Determining When Research Is Complete
  VI. Secondary Sources
  A. Hard Copy or Online?
  B. Types of Secondary Sources
  1. Restatements
  a. Media Choices
  b. How to Cite Restatements
  c. Updating Restatements and Scavenging for Primary Authority
  2. Treatises and Hornbooks
  a. Research Methods for Treatises
  b. Media Choices
  c. How to Cite Treatises
  d. Updating Treatises
  3. Legal Periodicals
  a. Finding an Appropriate Article
  b. Citing Law Review Articles
  c. Updating Law Review Articles
  4. American Law Reports
  a. How to Find A.L.R. Annotations
  b. Updating A.L.R. Annotations
  c. Citing A.L.R. Annotations
  5. Legal Encyclopedias
  6. Digests
  VII. CALR Choices
  A. Fee-Based CALR
  1. Westlaw Edge and Lexis Advance
  2. Fastcase.com
  3. Bloomberglaw.com
  4. Pacer.gov
  5. Choosing the Best Database
  B. "Free" Legal Research: Noncommercial, Non-Fee Computer Databases and Crawlers
  Discussion Questions
  Sample Research Log and Exercise
  Stage 1 Checklist
  ch. 6 Researching and Updating Case Law
  Introduction
  I. Finding and Verifying Case Law
  A. Scavenging from Secondary Sources
  B. Using Citators to Verify, Update, and Broaden Research
  1. Scavenging Cases from Citations Given in a Case
  2. Citators
  3. Using Citators to Verify Case Law
  4. Using Citators to Locate Case Law and Secondary Authority
  5. Importance of Citators
  C. Locating Case Law Using Subject Indexes and Headnotes
  D. Term and `Natural Language' Searches on Internet Databases
  1. Choosing the Appropriate Database
  2. Choosing between Boolean and Full-Sentence Searches
  3. Avoid Boolean and Natural-Language Searches until You Have Used Other Methods
  4. Tailoring Boolean Searches for Accuracy
  II. Citing Cases
  A. Case Name
  1. Short-Form Case Names
  B. Reporter Information, Volume and Page Numbers
  1. Parallel Citations
  2. Pinpoint Citations
  a. Locating Page Numbers
  b. Citing Multiple Pages
  C. Court and Year
  D. Subsequent History
  E. Short Citation Forms
  Case Law Research Checklist
  Discussion Exercises: Finding and Citing Case Law
  ch. 7 Researching and Interpreting Constitutions, Statutes, egulations, and International Law
  I. Statute, Regulation, or Case Law: Which Is It?
  II. Researching Constitutions
  III. Researching Statutes
  A. Locating Statutes
  1. Scavenge from Secondary Sources
  2. Use Subject Indexes to Locate Controlling Statute
  3. Context: Analyze Associated Statutes and Underlying Policy
  4. Locate and Analyze Noted Cases in Annotations
  5. Use Citators to Update and Broaden Case Research
  6. Use Term and Sentence-Form Searches
  7. Research Legislative History If Needed
  Contents note continued: B. Congressional Powers and the Legislative Process
  1. Structure and Functions of Congress
  2. How a Bill Becomes Law
  3. Researching New Statutes
  IV. Researching and Updating Administrative Regulations
  V. Interpreting Statutes
  A. Plain Language
  B. Textualist Approach
  C. Purposive Interpretation
  1. Documents Generated During the Legislative Process
  2. Weight of Authority in Legislative History
  3. How to Find Legislative History Documents
  4. Controversies Surrounding Legislative History
  5. Interpretations Based on Public Policy
  VI. International Law and Treaties
  A. Researching International Law Online
  B. U.S. Interpretations of International Law
  VII. Law and Business
  Exercises
  Checklist for Statutory Research
  Bibliography
  ch. 8 Rewriting and Style
  I. United States Legal Writing Rhetoric
  A. Ideal
  B. Reality
  II. Rewriting
  III. Reorganization
  A. Macro-Organization of an Objective Memo
  B. Reorganization of the Discussion
  C. Small-Scale Organization of the Rule Section
  1. Use of Case Law and Avoidance of Laundry Lists
  2. More Than One Problematic Component
  3. Sequence of Cases
  4. Paragraphs Discussing Cases
  5. Incorporating Secondary Authority
  D. Small-Scale Organization of an Application Section
  1. Structure of the Application Section
  2. Fact-to-Fact Analogy
  E. Reorganization of the Facts
  F. Reorganization of the Conclusion
  G. Picturing How Sections of a Law Firm Memo Work Together
  IV. Editing
  A. Paragraphs
  1. Paragraph Structure
  2. Topic Sentences
  3. Transitions
  a. Transitional Sentences
  D. Word or Phrase Transitions
  c. Linking
  4. Paragraph Length
  B. Editing Sentences
  1. Sentence Length
  2. Sentence Structure
  3. Paraphrasing and Using Language Consistently
  C. Editing Details
  1. Paragraph and Sentence Format
  2. Word Choice
  3. Grammar and Punctuation
  a. Verb Tenses
  b. Articles
  c. Possessive Form
  d. Capitalization
  e. Collective Nouns
  f. Punctuation
  g. That and Which
  D. Professional Tone
  a. Issues of Style
  b. Citations
  c. Gender-Neutrality and Pronouns
  V. Proofreading
  Exercise
  Rewriting Checklist
  ch. 9 Technology in U.S. Law and Non-Fee CALR
  I. Technology in the Courts
  A. Digitized Court Documents
  B. Digitized Courtrooms
  1. Creating Digitized Courtrooms
  2. Enabling Courtrooms for Those with Special Needs
  Discussion Questions
  II. Self-Serve Law
  III. Virtual Law Practice
  A. Characteristics of a Virtual Law Practice
  1. Unbundling
  2. Advantages for the Attorney
  B. Changes to Traditional Law Firms and In-House Counsel
  Discussion Questions
  IV. Legal Drafting
  A. Document Assembly
  B. Analysis of Existing Documents
  C. Document Management Systems
  Discussion Questions
  V. "Free" or Non-Fee Internet Legal Research
  A. Research Strategies
  1. Stage 1: Research
  a. Legal Dictionaries
  b. Secondary Sources
  2. Stage 2: Research
  a. Researching Statutes and Treaties
  b. Researching Regulations
  c. Researching and Updating Case Law
  d. Non-U.S. Legal Sources
  e. International Sources
  3. Stage 3: Updating
  B. Research Methodology: Boolean Searches
  1. and Connector
  2. or Connector
  3. Problems with the Meaning of a Space between Words
  4. Parentheses: Using and and or in the Same Search
  5. Proximity Connectors
  6. Quotations, Pluralization, and Wild Cards
  7. Getting the Most from a Search
  Exercises: Locating Authorities Using Non-Fee CALR
  ch. 10 Advanced Objective Writing
  Introduction
  I. Open Research Memo
  A. Definition of an Open Research Memo
  B. Similarities and Differences between Closed and Open Memos
  II. Types of Scholarly Articles
  A. Seminar Papers and Master's Thesis Papers
  B. Law Review Articles
  III. Subject Choice and Development
  A. Identifying a Particular Issue or Narrow Area
  1. Hot Topic Search
  2. Comparative Topics
  3. Preemption Check
  4. Avoid Merely Restating the Law or Identifying a Problem
  Propose a Solution
  B. Approaches to Articles
  C. Unanticipated Research Problems
  IV. Contents of a Scholarly Article
  A. Thesis Statement and Abstract
  I. Thesis Statement
  2. Abstract
  B. Basic Organization of a Scholarly Paper
  C. Footnotes
  1. String Citations
  2. Discursive Citations
  D. Plagiarism Warning
  1. Reusing Your Own Work
  2. Disclosing Adverse Sources
  3. Using Confidential Sources
  V. Time Management and Research Strategies
  A. Avoiding Procrastination
  B. Research Strategy
  C. Storing and Organizing Research for Larger Projects
  D. Reorganizing Research: Pre-prewriting
  VI. Writing Process
  A. Natural Writing Process
  B. Prewriting
  1. Notecards and Preliminary Notes
  2. Outlining
  a. Organizational Paradigms for Comparative Projects
  b. Case Charts and Informal Diagrams
  3. Free-Form Outlining
  4. Dump Drafts
  5. Summary of the Optimal Prewriting Process
  C. Writing
  1. Problematic Sections
  2. Translation Problems with Comparative Topics
  3. Keeping Track of Citations
  D. Rewriting
  1. Organization
  2. Content and Scope
  E. Editing
  1. Signposts and Transitions
  2. Paragraph and Sentence Structure
  3. Style and Tone
  F. Introductions and Conclusions
  G. Polishing and Proofreading
  H. Final Thoughts
  Exercise
  Open Memo Checklist
  Scholarly Article Prewriting Checklist
  Generic Scholarly Article Outline
  Bibliography
  ch. 11 Preventive Writing: Drafting Contracts
  I. Concerns in Contract Drafting
  A. Accurate Language and Avoiding Ambiguity
  B. Careful Punctuation and Word Order
  C. Balance between Provisions for Contingencies and Too Much Complexity
  D. Consistent Language and Terms
  II. Background and Preparation
  A. Initial Client Interview and Legal Research
  B. TheOudine
  C. Term Sheet or Draft Contract
  1. Term Sheet
  2. Letter of Intent
  D. Contract
  1. Pattern or Formbooks and Other Resources
  2. Form of a Contract
  III. Contract Itself: Content
  A. Tide
  B. Date
  C. Introduction ("Caption")
  D. Background or Recitals
  E. Definitions
  F. Terms (Substantive Provisions)
  1. Operating Clauses
  Parties' Obligations and Rights
  2. Termination Clauses
  3. Contingency Clauses
  4. Damages and Remedies
  5. Miscellaneous
  a. Housekeeping Provisions
  b. Provisions for Modification
  G. Signatures and Dates
  H. Notarization and Witnesses
  Exercise
  Checklist of Contract Provisions
  Bibliography
  Appendix: Drafting Advisory Memoranda for Attorneys in the United States
  I. Visually Approximate the Standard U.S. Office Memo Format
  II. In Presenting the Legal Analysis, Approximate (as Much as Possible) the IRAC Structure Used in the United States
  III. In Addition to Approximating the Structure of a U.S. Advisory Memorandum, Approximate Common Law Methodology (as Much as Possible) as Well
  IV. Add an Explanation of Your Legal System's Methodology as Needed to Help the U.S. Reader Understand the Differences
  V. Remember to Use Transitions and to Edit and Carefully Proofread Your Memo
  VI. Providing Updates on a Number of Topics
  VII. Sample Memorandum: The Bridesmaids Dresses in Chile.