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PELLISSIPPI |
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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 2010 |
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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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1. Putnam, William H., Legal Research,
Analysis, and Writing,2nd Edition (Delmar/Cengage Learning
2010) |
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I. Week/Unit/Topic
Basis: |
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Week |
Topic |
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1 |
Chapter 1-2:
Introduction to Research (.y hours); overview of textbooks(.5 hours),
Categories of research materials: primary authority, secondary sources,
finding tools(1hour); factors to consider in choosing among sources(.5
hours); Westlaw, Lexis-Nexis (.5 hours) |
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2 |
Research terms: formulating
research issues for research situation (1 hour); linking factual concepts
with legal concepts(1.5 hours); dictionaries (1 hour) |
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3-4 |
Chapter 3: Primary
Authority: Constitutions, Statutes, Administrative Law, and Court Rules (1
hour); Research of Federal statutes (2 hours); Research of State statutes (2
hours); Research of federal and state administrative regulations (1 hour) |
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5-6 |
Chapter 4: Primary
Authority: case law in federal courts (1.5 hours); case law in state courts
(1.5 hours); reporters, official and unofficial (1 hour); digests (1 hour);
Updating cases with Shepard’s (1 hour) |
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7-8 |
Chapter 5-6: Using
Shepard’s (1 hour) and Westlaw KeyCite (1 hour); Secondary Sources: using and
citing to encyclopedias, treatises, legal periodicals (2 hours); A.L.R.
annotations, restatements (2 hours) |
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9 |
The Research Plan:
Organization, planning and communicating results (3 hours) |
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10 |
Westlaw: Computer-aided legal research: Westlaw,
Lexis-Nexis, Lois Law, websites (3 hours) |
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11-12 |
Chapter 7: The Research
Project: Organization, Planning, print Research and Internet research (2
hours); Research Project #1 (4 hours) |
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13 |
The Research Project:
Project # 2 (3 hours) |
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14 |
The Research Project:
Project #3 (3 hours) |
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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. |
Recognize what constitutes
secondary authority in legal research. (B, E, F) |
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4. |
Identify how to find
research tools, such as digests and citators. (B, C, D, E, F) |
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5. |
Identify and follow
accepted rules or law library etiquette. (A, D) |
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6. |
Describe the role of
legislative materials within the context of the “civil law” system. (B,
F) |
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7. |
Distinguish between state/federal
law, criminal/civil law, and substantive/procedural law. (B, F) |
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8. |
Identify and demonstrate
working familiarity with standard legal publications. (B, C, D, F) |
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9. |
Read, interpret, and use uniformly
accepted legal abbreviations and citations. C,D,E,F |
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10. |
Narrow the research focus
by identifying and defining legal issues. A,B,F |
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11. |
Research a concise,
accurate case brief. A,B,C,D,E,F |
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12. |
Formulate a query for
computerized legal research. C,D,E |
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13. |
Shepardize cases on
Westlaw. C |
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14. |
Search databases on
Westlaw. C |
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15. |
Maneuver between databases
on Westlaw. C |
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16. |
Sign on and off Westlaw and
use client identifiers. C |
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17. |
Save and print Westlaw
research results. C |
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18. |
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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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/. |
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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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