stacey leigh callaway associates capstone in paralegal studies – pa 299
TRANSCRIPT
Stacey Leigh Callaway
Associates Capstone in Paralegal Studies – PA
299
A Few Reminders…Seminar: Mondays, 8 p.m. ESTOffice Hours: Mondays, 6-8 p.m. ESTAIM sign-in: CallawayKaplanEmail: [email protected]
ASSOCIATES CAPSTONE IN PARALEGAL STUDIES – Unit V
Unit V– Seminar (graded) - This week's Seminar will concern professional issues, such as how to take adequate notes, avoid giving legal advice, and remain impartial about cases and clients.
Unit V – Discussion Board Postings (graded) – There are two discussion threads this week, access the drop down box under the Unit IV discussion link to make your comments.
Unit V Case brief(graded) – You will be writing a case briefs of one of the cases you found.. It is due at the end of Unit V.
IRAC / FIRAC
Facts IssueRule
ApplicationConclusion
Briefing a CaseCitationProcedural HistoryFactsIssueAnswer/ HoldingReasoningDisposition
Differences between a Case Brief and IRAC
Case Brief – A summary of a published appellate court opinion broken down in your own words as to the facts, issues, holdings, reasoning’s, decisions, and references.
Irac – Issue, Rule, Application, Conclusion
6
IRAC
THE LEGAL ANALYSIS PROCESS—IRAC
PRESENT A BRIEF SYNOPSIS OR EXPLANATION OF THE FACTS SET OUT BY THE COURT
FACTS
HISTORY OF THE CASE FOR CASE BRIEFS, SET OUT THE JUDICIAL
HISTORY OF THE CASE. WHAT ACTION DID THE LOWER COURT TAKE? WAS THE CASE HEARD BY THE JUDGE OR A JURY? WAS THE CASE RESOLVED BY TRIAL, MOTION FOR SUMMARY JUDGMENT OR SOME OTHER METHOD?
WHAT COURT AUTHORED THE OPINION YOU ARE BRIEFING?
PROCEDURAL HISTORY
IDENTIFY THE ISSUE RAISED BY THE FACTS OF THE CASE
THERE IS TYPICALLY ONLY ONE LEGAL ISSUE, BUT MORE COMPLEX CASES MAY HAVE MORE THAN ONE PRIMARY LEGAL ISSUE. IN OTHER WORDS, WHAT IS THE LEGAL DISPUTE BETWEEN THE PARTIES?
ISSUE
IDENTIFY THE LAW THAT GOVERNS THE ISSUE:
STATUTORY LAWCASE LAWADMINISTRATIVE REGULATION
RULE
DETERMINE HOW THE LAW APPLIES TO THE ISSUE
IDENTIFY ELEMENTS OF LAWAPPLY FACTS TO ELEMENTS
ANALYSIS/APPLICATION
SUMMARIZE THE RESULTS OF THE LEGAL ANALYSIS
WHAT WAS THE FINAL OUTCOME OF THE CASE ON APPEAL?
CONCLUSION
IRAC: Another organizing method
IssueRuleApplication/AnalysisConclusion
CASE Example:Little Miss Muffet sat
on a tuffet eating her curds and whey, Along came a spider, Who sat down beside her And frightened Miss Muffet away.
Broad and General
Narrow and Specific
IRAC cont.
ISSUE:
DEFINITION OF NEGLIGENCE:
The elements of a negligence claim are familiar: existence of a duty to conform to a standard of conduct to protect others, failure to conform to that standard, proximate cause, and damages.
Was there Negligence on the part of the Spider against Little Miss Muffet?
IRAC cont.
Rule: To Determine if an Negligence was present
1. Did the Spider owe Miss Muffet a duty?
2. Was there a failure to conform to that duty?
3. Did such failure cause Miss Muffett any harm and damages?
IRAC cont.
Rule Application / Analysis
1. What duty was Miss Muffet owed? Test against facts.
2. What failure to conform to that duty existed? Test against facts.
(See next slide for example.)
3. What caused the harm and what were the damages? Test against facts.
IRAC cont.
Rule Application/Analysis: Sub-Issue - Failure
c. Did the negligence cause the harm?
Was there a failure to conform?
Fact/case for Fact/case for Fact/case for
Yes No
a. Were the Spider
negligent?
b. Was Miss Muffet at fault at all?
Yes No Yes No
Conclusion
YES NO
There was negligence
There was no Negligence
A Few Tips: Getting Started
Make sure you are familiar with your research question, including vocabulary and components
Get to know your firm’s library – collection & librariansKnow what type of subscriptions your firm has – and
use accordingly Create a research log – keep track of each search as
you workKnow when to stop – recurring themes, cases, etc.
indicate you have found all there isAlways UPDATE your research – especially before you
hand it inDecide whether online or print searching will work
best for your query
A Few Tips: Print v. Online Research
Print:Analytical and contextual frameworkSearch by rules and conceptsUse to provide concepts to use in online searchingStatutes, treatises, ordered materialsReading and browsing
Online:Broad-based searchingFull-text searchesField and segment searchingMatching factual situations
What’s Online & Free?Federal
Opinions from the U.S. Supreme Court, Courts of Appeals & District Courts (dates of coverage vary widely!)
Statutes & RegulationsAgency materials
StateOpinions & Dockets from State Supreme CourtsState Statutes & RegulationsAgency materialsPublic Records: Corporate filings, professional
licensesSecondary
Research Guides
A Great Place to Start: Research Guides!
Identify sources of information with evaluative/descriptive annotationsTopic-specificJurisdiction-specific
Offer tips for doing researchTwo good search engines for finding
research guides…Cornell & Akron…or, try any law library website!
http://library.lawschool.cornell.edu/WhatWeDo/ResearchGuides/CLL-Legal-Research-Engine.cfm
http://lawscout.uakron.edu/
Primary Sources
Court Opinions: SCOTUS SCOTUS
www.supremecourtus.govFull text of all Court opinions issued from 2004-present
Cornell’s Legal Information Institutewww.law.cornell.edu/supct/supremes.htmComprehensive coverage from 1990-presentSelective coverage prior to 1990
Selection criteria = significant historical valueSearch by topic, judicial author, party name, or date
FindLawwww.findlaw.com/casecode/supreme.htmlFull text of Court opinions from 1893-presentSearch by publication year, official U.S. citation, party name, or
keyword Oyez – Northwestern U.
www.oyez.orgAudio recordings of oral arguments – 1995-present
Selected audio from 1955-1995Blogs/Current Awareness resources
Court Opinions: U.S. Circuit Courts of Appeals
Emory’s Federal Courts Finder www.law.emory.edu/FEDCTS Search Opinions by party name, keyword, or date of decision Links to the official circuit courts of appeals’ sites
Those sites provides access to opinions Villanova’s Federal Court Locator
www.law.villanova.edu/library/researchandstudyguides/federalcourtlocator.asp Official Third Circuit Court of Appeals site Portal to other official circuit court sites
U.S. Courts www.uscourts.gov Official federal government portal Statistical reports, Code of Conduct, U.S. Judges Search by district, circuit, zip code, area code, county, or state
AltLaw.org -- Columbia University & University of Colorado www.altlaw.org Full text of selected opinions – U.S. Supreme Court, 11th Circuit Court of Appeals, Federal &
D.C. districts Search by keyword or title; may also browse cases
LexisOne www.lexisone.com/legalresearch.index.html Decisions from the last 10 years from all federal circuits; 1790-present U.S. Supreme Court Search by keyword or citation
Court Opinions: U.S. District Courts
FindLawwww.findlaw.com/10fedgov/judicial/district_courts.htmlPortal access to U.S. district court sites
The Federal Judiciary, U.S. Courtswww.uscourts.gov
Cornell’s Legal Information Institutewww.law.cornell.edu/federal/districtbystate.htmlPortal access to U.S. district court sites, as well as portal
access to bankruptcy court sitesChart indicates whether official U.S. district court has
information only or information & opinions
Court Opinions:State Supreme Courts
LoisLawwww.loislaw.com/product/information/state.htmFull text of state supreme court decisions1920s-present (in most cases)
Cornell’s Legal Information Institutewww.law.cornell.edu/opinions.htmlPortal to all 50 states
Judicial OpinionsRegulations & Other Agency InfoOther State Legal Collections
FindLawwww.findlaw.com/casecode/statelawPortal to all 50 states
Legislation: Federal Session Laws
GPO Accesswww.gpoaccess.gov/index.htmlStatutes at Large 2004-presentSearch by subject, public law number, popular
name, statute or U.S. Code citation, or bill numberLibrary of Congress
Memory.loc.gov/ammem/amlaw/lwsl.htmlIndex and lists of Public Acts/Private Acts/Treaties
of the Statute at Large from 1789-1875
Legislation:Federal Codifications
GPO Accesswww.gpoaccess.gov/uscode/index.htmlAccess to U.S. Code from 1994-presentBrowse by title, search by keyword
Cornell’s Legal Information Institutewww.law.cornell.edu/uscodeSearch by citation, popular name, or by keyword. Can also
browse by title.U.S. House of Rep. Office of Law Revision Counsel
Uscode.house.govSearch by keyword or citationEntire U.S. Code can be browsed
Legislation: U.S. House & Senate Bills
Library of Congress www.thomas.loc.gov Pending bills & resolutions from 101st Congress-Present Search by keyword, index, bill’s sponsor, committee, or date Full text, summary & status, and congressional actions
Related bills listed Committee Reports from 104th Congress-Present
Search by keyword, committee, or date Law Librarians’ Society of Washington, D.C. (LLSDC)
Legislative Source Book -- www.llsdc.org/sourcebook Advice on compiling legislative history Examples of legislative history
Center for Democracy & Technology Open Congressional Research Reports -- www.opencrs.com Congressional Research Reports Not comprehensive – access to report requested by individuals from
their representatives
Legislation:State & Local
OnlineSunshine www.leg.state.fl.us Florida legislature Portal to Senate and House sites Search statutes from 1997-present Browse FL Constitution, or search through index Digest of general laws from 2003-present Link to Laws of FL (FL department of state website)
WashLaw www.washlaw.edu Portal access to links for official state Internet sites
Municode.com Free access to full text of many codes and ordinances for 50 states Hyperlinked map lets researcher to choose state Links to counties’ and cities’ codes within state Search by keyword or table of contents
Regulations & Executive Publications:Federal Regulation
Federal Register – GPO Accesshttp://www.gpoaccess.gov/fr/index.htmlSearch F.R. from 1994-presentBrowse table of contentsSearch by keyword, section, issue date, and page
number
Regulations & Executive Publications: Decisions of Federal Agencies
Code of Federal Regulations – GPO Accesshttp://www.gpoaccess.gov/cfr/index.htmlCoverage from 1996-presentSearch the Most Current 50 Titles (2007-
2008)Search by keyword or citationBrowse
University of Virginiawww.lib.virginia.edu/govdocs/
fed_decisions_subject.htmlSubject-created indexDirectory of agencies
Regulations & Executive Publications:Executive Orders & Presidential Publications
Official White House Sitewww.whitehouse.govCurrent administration onlyOrders and proclamations arranged in reverse chronological orderSearch by keyword
GPO Accesswww.gpoaccess.gov/pubpapers/search.htmlWeekly Compilation of Presidential Papers
1993-January 29, 2009Search Public Papers of the President
Coverage from 1991-2004 National Archives and Records Administration
Archives.govClinton Administration
Secondary Sources
Secondary Sources: Research Guides
Law Librarians’ Resource Exchange (LLRX)www.llrx.comAccess to subject research guides – over 35
legal topicsLinks to court rules and docketsResearch assistance for primary sources of
law at international, federal, and state levelsThe Virtual Chase
www.virtualchase.comGuides to help locate info about businesses,
companies, individuals
Secondary Sources: Dictionaries
Merriam-Webster’s Law Dictionarydictionary.lp.findlaw.com/dictionary.htmlFindLaw website
Law.com/DictionaryWEX
http://topics.law.cornell.edu/wexCornell’s Legal Information InstituteWiki created site – requires that author be a
qualified expertCitations to applicable federal and state
statutes & judicial decisions included
Secondary Sources: Law Reviews
University Law Review Projecthttp://www.lawreview.org/Free abstract e-mail serviceFull text search of law journals onlineList of journals by topic
Secondary Sources: Current Awareness
Jurist: Legal News & Researchhttp://jurist.org/Written & edited by law school staff & students at University
of PittsburghContinuous legal news from around the worldUpdated 24 hours/daySearch by keyword
Google Alertshttp://www.google.com/alertsResearcher selects search terms, can select comprehensive
or limited searchesSearches emailed directly to research
Daily, weekly, or monthly
Secondary Sources: Blogs
ABA’s Blawg Directoryhttp://abajournal.com/blawgs/Weekly featured blawgList of most popular blawgs
Week, month, all-timeSearch by subject, author type, region, or law
school
Secondary Sources: Working Papers
SSRNhttp://www.ssrn.com/Can upload working papers to receive
commentaryCan download working papersElectronic paper collection – search by keyword,
title, title abstract, or author
Sites to Remember
Important Free Legal Resources
Important Sites: Federal
Library of Congress’ THOMASFederal Legislation Information
GPOAccessService of Government Printing Office
Regulations.govFederal Rulemaking Portal
http://thomas.loc.gov/
http://www.gpoaccess.gov/
http://www.regulations.gov/
Important Sites: Free Caselaw
LexisONE & FindLaw (ThomsonWest)Limited date/jurisdiction coverage
i.e., past 5 years on LexisONERobust search engine – biggest advantage!Registration (free) is usually required
http://www.lexisone.com/
http://caselaw.lp.findlaw.com/casesummary/index.html
http://www.fastcase.com/
Important Sites: Municipal Codes
Not available on Lexis or WestlawUse Municode.com
Mostly free, some pay contentOne-stop source for many hard-to-find local lawsUnofficial, commercial site, but has solid
reputation.
Important Sites: Law Portals
Cornell’s Legal Information Institute US primary materials + topical guidesUser friendly, extensive coverage
Law Library of Congress’ Guide to Law OnlineUS primary materials + international guides + topical guidesExtensively annotated
JustiaUS primary materials + PACER search engineInnovative search features
Florida Law Online (FLO)
http://www.law.cornell.edu/
http://www.loc.gov/law/help/guide.html
http://www.justia.com
QuestionsQuestions
Thank you for joining the seminar tonight!Have a great week.
Thank you for joining the seminar tonight!Have a great week.