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LEGAL RESEARCH |
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Class Hours: 3.0 |
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Credit Hours: 3.0 |
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Laboratory Hours: 0.0 |
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Revised: Spring 08 |
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NOTE: This course is
not designed for transfer credit. |
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Catalog Course
Description: |
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A study of necessary
materials for legal research, codes, reporter systems, digests, practice
manuals and Westlaw. Methods of legal citation are studied. |
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Entry Level Standards: |
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College-level competencies
in logic, reading, and English are required. |
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Prerequisites: |
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LAW 1000; ENGL
1010 |
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Textbook(s) and Other
Course Materials: |
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Putnam, William H., Legal Research, Analysis, and Writing.
(Thomson/Delmar Learning 2004) |
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I. Week/Unit/Topic
Basis: |
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Week |
Topic |
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1 |
Introduction to Research ; overview
of textbooks, Categories of research materials: primary authority, secondary
sources, finding tools; factors to consider in choosing among sources; Westlaw,
Lexis-Nexis |
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2 |
Research terms: formulating
research issues for research situation; linking factual concepts with legal
concepts; dictionaries |
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3-4 |
Primary Authority:
Constitutions, Statutes, Administrative Law, and Court Rules; Research of Federal
statutes; Research of State statutes; Research of federal and state
administrative regulations. |
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5-6 |
Primary Authority: case law
in federal courts; case law in state courts; reporters, official and
unofficial; digests; shepardizing |
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7-8 |
Shepardizing; Secondary
Sources: using and citing to encyclopedias, treatises, legal periodicals;
A.L.R. annotations, restatements |
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9 |
The Research Plan:
Organization, planning and communicating results |
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10 |
Computer-aided legal
research: Westlaw, Lexis-Nexis, websites |
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11-12 |
The Research Project:
Organization, Planning, print Research and Internet research; Research
Project #1 |
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13 |
The Research Project:
Project # 2 |
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14 |
The Research Project:
Project #3 |
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15 |
Final Examination |
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II. Course Objectives*: |
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A. |
Demonstrate a complete and
thorough understanding of legal ethics. I, III, V |
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B. |
Demonstrate an
understanding of the evolution and structure of the Anglo-American
“common law” and “civil law” systems. I, II, IV |
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C. |
Demonstrate a basic
understanding of Westlaw and computerized legal research systems. I,
III, V |
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D. |
Demonstrate a complete and
thorough understanding of the use of law library materials necessary for
basic legal research. I, II, III, IV, V |
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E. |
Demonstrate an
understanding of uniformly accepted formats, styles, and citation
methods employed in legal profession. I, II, III, IV, V |
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F. |
Continue developing a basic
legal vocabulary. II, IV |
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*Roman numerals after course
objectives reference goals of the Paralegal Studies program. |
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III. Instructional
Processes*: |
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Students will: |
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1. |
Practice elements of the work ethic such as professionalism, preparedness,
punctuality, honesty, cooperation, dependability, contribution,
effectiveness, good manners, etc. Active Learning Strategy, Transitional
Strategy |
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2. |
Refine their writing
skills and expand their legal vocabularies through completion of weekly
guided writing exercises that allows them to communicate more effectively
with lawyers, legal professionals, and clients. Communication Outcome,
Active Learning Strategy, Transitional Outcome |
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3. |
Carry out
course assignments such as team discussions, team case studies, experiential
exercises, oral, written, PowerPoint, WordPerfect, Westlaw, Internet skills development,
etc. that help develop a respect for diversity. Communication Outcome,
Technological Literacy Outcome, Transitional Strategy, Active Learning
Strategy |
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4. |
Take part in course
assignments such as team discussions, team case studies, experiential
exercises, oral, written, PowerPoint, WordPerfect, Westlaw, Internet skills
development, etc. that help develop teamwork, leadership, and followship skills. Communication Outcome, Transitional
Strategy, Active Learning Strategy |
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5. |
Perform research assignments and communicate the results of
those assignments, requiring use of libraries, WordPerfect, Westlaw,
Lexis-Nexis, Internet etc. that help develop critical thinking, problem
solving, goal setting, and planning skills. Communication Outcome,
Technological Literacy Outcome, Transitional Strategy, Active Learning
Strategy |
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6. |
Listen to guest
speakers from the legal community to learn the demands for legal research
skills in the law office. Transitional Strategy |
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*Strategies and outcomes
listed after instructional processes reference TBR’s
goals for strengthening general education knowledge and skills, connecting
coursework to experiences beyond the classroom, and encouraging students to
take active and responsible roles in the educational process. |
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IV. Expectations for
Student Performance*: |
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Upon successful completion
of this course, the student should be able to: |
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1. |
Recognize and avoid acts
that constitute unethical behavior. A,B,C,D,E |
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2. |
Recognize what constitutes secondary
authority in legal research. B, E, F |
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3. |
Identify how to find
research tools, such as digests and citators.
B,C,D,E,F |
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4. |
Identify and follow
accepted rules or law library etiquette. A,D |
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5. |
Describe the role of
legislative materials within the context of the “civil law”
system. B,F |
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6. |
Distinguish between
state/federal law, criminal/civil law, and substantive/procedural
law. B,F |
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7. |
Identify and demonstrate working
familiarity with standard legal publications. B,C,D,F |
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8. |
Read, interpret, and use
uniformly accepted legal abbreviations and citations. C,D,E,F |
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9. |
Narrow the research focus
by identifying and defining legal issues. A,B,F |
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10. |
Research a concise,
accurate case brief. A,B,C,D,E,F |
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11. |
Formulate a query for
computerized legal research. C,D,E |
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12. |
Shepardize cases on Westlaw. C |
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13. |
Search databases on Westlaw.
C |
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14. |
Maneuver between databases
on Westlaw. C |
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15. |
Sign on and off Westlaw and
use client identifiers. C |
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16. |
Save and print Westlaw
research results. C |
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17. |
Conduct several Westlaw
searches. B,C |
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*Letters after performance
expectations reference the course objectives listed above. |
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V. Evaluation: |
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A. Testing Procedures: |
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Students will be evaluated on
the basis of tests and assignments, which will be fully explained by the
instructor’s supplementary syllabus the first week of class. |
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B. Laboratory Expectations: |
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Students should expect to study
and work in the U. T. Law Library 2-10 hours per week while researching the
law. |
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C. Field Work: |
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N/A |
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D. Other Evaluation
Methods: |
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1. Class participation, group
work, and homework will also comprise the final grade for the course.
The instructor will provide full details the first week of class via a
syllabus supplement. |
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E. Grading Scale: |
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A
93-100 |
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VI. Policies: |
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A. Attendance Policy: |
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B. Academic Dishonesty: |
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Plagiarism, cheating, and
other forms of academic dishonesty are prohibited. Students guilty of academic
misconduct, either directly or indirectly through participation or
assistance, are immediately responsible to the instructor of the class.
In addition to other possible disciplinary sanctions which may be imposed
through the regular |
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C. Accommodations for
disabilities: |
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If you need accommodations
because of a disability, if you have emergency medical information to share,
or if you need special arrangements in case the building must be evacuated,
please inform the instructor immediately. Please see the instructor privately
after class or in his/her office. Students must present a current
accommodation plan from a staff member in Services for Students with
Disabilities (SSWD) in order to receive accommodations in this course.
Services for Students with Disabilities may be contacted by going to Goins 127 or 131 or by phone: 694-6751(Voice/TTY) or
539-7153. |
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D. Other Policies: |
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Late papers will not be
accepted nor will make-up tests be given without specific approval of the
instructor. Computer Usage Guidelines: |
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