|
PELLISSIPPI |
||||||||||
|
LEGAL RESEARCH |
||||||||||
|
Class Hours: 3.0 |
|
Credit Hours: 3.0 |
|
|||||||
|
Laboratory Hours: 0.0 |
|
Revised: Fall 09 |
|
|||||||
|
NOTE: This course is
not designed for transfer credit. |
|
|||||||||
|
Catalog Course
Description: |
|
|
||||||||
|
|
A study of necessary
materials for legal research, codes, reporter systems, digests, practice
manuals and Westlaw. Methods of legal citation are studied. |
|||||||||
|
Entry Level Standards: |
|
|
||||||||
|
|
College-level competencies
in logic, reading, and English are required. |
|||||||||
|
Prerequisites: |
|
|
||||||||
|
|
LAW 1000; ENGL
1010 |
|||||||||
|
Textbook(s) and Other
Course Materials: |
|
|||||||||
|
|
Putnam, William H., Legal Research, Analysis, and Writing.
(Thomson/Delmar Learning 2004) |
|||||||||
|
I. Week/Unit/Topic
Basis: |
|
|
||||||||
|
|
Week |
Topic |
||||||||
|
|
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 |
||||||||
|
|
2 |
Research terms: formulating
research issues for research situation; linking factual concepts with legal
concepts; dictionaries |
||||||||
|
|
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. |
||||||||
|
|
5-6 |
Primary Authority: case law
in federal courts; case law in state courts; reporters, official and
unofficial; digests; shepardizing |
||||||||
|
|
7-8 |
Shepardizing; Secondary
Sources: using and citing to encyclopedias, treatises, legal periodicals;
A.L.R. annotations, restatements |
||||||||
|
|
9 |
The Research Plan:
Organization, planning and communicating results |
||||||||
|
|
10 |
Computer-aided legal
research: Westlaw, Lexis-Nexis, websites |
||||||||
|
|
11-12 |
The Research Project:
Organization, Planning, print Research and Internet research; Research
Project #1 |
||||||||
|
|
13 |
The Research Project:
Project # 2 |
||||||||
|
|
14 |
The Research Project:
Project #3 |
||||||||
|
|
15 |
Final Examination |
||||||||
|
II. Course Objectives*: |
|
|
||||||||
|
|
A. |
Demonstrate a complete and
thorough understanding of legal ethics. I, III, V |
||||||||
|
|
B. |
Demonstrate an
understanding of the evolution and structure of the Anglo-American “common
law” and “civil law” systems. I, II, IV |
||||||||
|
|
C. |
Demonstrate a basic
understanding of Westlaw and computerized legal research systems. I,
III, V |
||||||||
|
|
D. |
Demonstrate a complete and
thorough understanding of the use of law library materials necessary for
basic legal research. I, II, III, IV, V |
||||||||
|
|
E. |
Demonstrate an
understanding of uniformly accepted formats, styles, and citation
methods employed in legal profession. I, II, III, IV, V |
||||||||
|
|
F. |
Continue developing a basic
legal vocabulary. II, IV |
||||||||
|
*Roman numerals after course
objectives reference goals of the Paralegal Studies program. |
||||||||||
|
III. Instructional
Processes*: |
|
|
||||||||
|
Students will: |
|
|
|
|||||||
|
|
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 |
||||||||
|
|
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 |
||||||||
|
|
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 |
||||||||
|
|
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 |
||||||||
|
|
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 |
||||||||
|
|
6. |
Listen to guest
speakers from the legal community to learn the demands for legal research
skills in the law office. Transitional Strategy |
||||||||
|
*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. |
||||||||||
|
IV. Expectations for
Student Performance*: |
|
|
||||||||
|
Upon successful completion
of this course, the student should be able to: |
||||||||||
|
|
1. |
Recognize and avoid acts
that constitute unethical behavior. A,B,C,D,E |
||||||||
|
|
2. |
Recognize what constitutes
secondary authority in legal research. B, E, F |
||||||||
|
|
3. |
Recognize what constitutes
secondary authority in legal research.
(B, E, F) |
||||||||
|
|
4. |
Identify how to find
research tools, such as digests and citators.
(B, C, D, E, F) |
||||||||
|
|
5. |
Identify and follow
accepted rules or law library etiquette.
(A, D) |
||||||||
|
|
6. |
Describe the role of
legislative materials within the context of the “civil law” system. (B, F) |
||||||||
|
|
7. |
Distinguish between state/federal
law, criminal/civil law, and substantive/procedural law. (B, F) |
||||||||
|
|
8. |
Identify and demonstrate
working familiarity with standard legal publications. (B, C, D, F) |
||||||||
|
|
9. |
Read, interpret, and use uniformly
accepted legal abbreviations and citations. C,D,E,F |
||||||||
|
|
10. |
Narrow the research focus
by identifying and defining legal issues. A,B,F |
||||||||
|
|
11. |
Research a concise,
accurate case brief. A,B,C,D,E,F |
||||||||
|
|
12. |
Formulate a query for
computerized legal research. C,D,E |
||||||||
|
|
13. |
Shepardize cases on
Westlaw. C |
||||||||
|
|
14. |
Search databases on
Westlaw. C |
||||||||
|
|
15. |
Maneuver between databases
on Westlaw. C |
||||||||
|
|
16. |
Sign on and off Westlaw and
use client identifiers. C |
||||||||
|
|
17. |
Save and print Westlaw
research results. C |
||||||||
|
|
18. |
Conduct several Westlaw
searches. B,C |
||||||||
|
*Letters after performance expectations
reference the course objectives listed above. |
||||||||||
|
V. Evaluation: |
|
|
||||||||
|
|
A. Testing Procedures: |
|||||||||
|
|
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. |
|||||||||
|
|
B. Laboratory Expectations: |
|||||||||
|
|
Students should expect to
study and work in the U. T. Law Library 2-10 hours per week while researching
the law. |
|||||||||
|
|
C. Field Work: |
|||||||||
|
|
N/A |
|||||||||
|
|
D. Other Evaluation
Methods: |
|||||||||
|
|
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. |
|||||||||
|
|
E. Grading Scale: |
|||||||||
|
|
A
93-100 |
|||||||||
|
VI. Policies: |
|
|
||||||||
|
|
A. Attendance Policy: |
|||||||||
|
|
|
|||||||||
|
|
B. Academic Dishonesty: |
|||||||||
|
|
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 |
|||||||||
|
|
C. Accommodations for
disabilities: |
|||||||||
|
|
Students who
need accommodations because of a disability, have emergency medical information
to share, or need special arrangements in case the building must be evacuated
should inform the instructor immediately, privately after class or in her or
his 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 134 or 126 or by phone: 694-6751(Voice/TTY) or
539-7153. More information is available at www.pstcc.edu/departments/swd/. |
|||||||||
|
|
D. Other Policies: |
|||||||||
|
|
Late papers will not be
accepted nor will make-up tests be given without specific approval of the
instructor. Computer Usage Guidelines: |
|||||||||