Solution Manual for Introduction to Law, 6th Edition
Solution Manual for Introduction to Law, 6th Edition is the perfect textbook guide, offering thorough solutions to all your textbook exercises.
Nathan Bell
Contributor
4.8
36
4 months ago
Preview (16 of 58)
Sign in to access the full document!
Solution Manual
for
Introduction to Law
Sixth Edition
Joanne Banker Hames
DeAnza Community College
Yvonne Ekern
Santa Clara University, School of Law
Instructor’s Manual and Testbank prepared by
Mark Morrison
for
Introduction to Law
Sixth Edition
Joanne Banker Hames
DeAnza Community College
Yvonne Ekern
Santa Clara University, School of Law
Instructor’s Manual and Testbank prepared by
Mark Morrison
iii
CONTENTS
Contents iii
TestBank Word Exports iv
To the Instructor v
Syllabi vi
Chapter 1: Introduction to Law 1
Chapter 2: The U.S. Legal System 4
Chapter 3: The Courts and Legal Personnel 9
Chapter 4: Finding the Law: Legal Research 12
Chapter 5: Using the Law: Legal Analysis and Writing 14
Chapter 6: Constitutional Law 17
Chapter 7: Tort Law 19
Chapter 8: Family Law 22
Chapter 9: Estate Planning: Wills, Trusts, and Probate 27
Chapter 10: Contract and Property Law 29
Chapter 11: The Business Environment 33
Chapter 12: Civil Procedure Before Trial 37
Chapter 13: Alternative Dispute Resolution 41
Chapter 14: Criminal Practice: Criminal Law and Juvenile Law 45
Chapter 15: Criminal Procedure before Trial 47
Chapter 16: Rules of Evidence 50
Chapter 17: The Trial 53
Chapter 18: Alternative Dispute Resolution 55
CONTENTS
Contents iii
TestBank Word Exports iv
To the Instructor v
Syllabi vi
Chapter 1: Introduction to Law 1
Chapter 2: The U.S. Legal System 4
Chapter 3: The Courts and Legal Personnel 9
Chapter 4: Finding the Law: Legal Research 12
Chapter 5: Using the Law: Legal Analysis and Writing 14
Chapter 6: Constitutional Law 17
Chapter 7: Tort Law 19
Chapter 8: Family Law 22
Chapter 9: Estate Planning: Wills, Trusts, and Probate 27
Chapter 10: Contract and Property Law 29
Chapter 11: The Business Environment 33
Chapter 12: Civil Procedure Before Trial 37
Chapter 13: Alternative Dispute Resolution 41
Chapter 14: Criminal Practice: Criminal Law and Juvenile Law 45
Chapter 15: Criminal Procedure before Trial 47
Chapter 16: Rules of Evidence 50
Chapter 17: The Trial 53
Chapter 18: Alternative Dispute Resolution 55
iii
CONTENTS
Contents iii
TestBank Word Exports iv
To the Instructor v
Syllabi vi
Chapter 1: Introduction to Law 1
Chapter 2: The U.S. Legal System 4
Chapter 3: The Courts and Legal Personnel 9
Chapter 4: Finding the Law: Legal Research 12
Chapter 5: Using the Law: Legal Analysis and Writing 14
Chapter 6: Constitutional Law 17
Chapter 7: Tort Law 19
Chapter 8: Family Law 22
Chapter 9: Estate Planning: Wills, Trusts, and Probate 27
Chapter 10: Contract and Property Law 29
Chapter 11: The Business Environment 33
Chapter 12: Civil Procedure Before Trial 37
Chapter 13: Alternative Dispute Resolution 41
Chapter 14: Criminal Practice: Criminal Law and Juvenile Law 45
Chapter 15: Criminal Procedure before Trial 47
Chapter 16: Rules of Evidence 50
Chapter 17: The Trial 53
Chapter 18: Alternative Dispute Resolution 55
CONTENTS
Contents iii
TestBank Word Exports iv
To the Instructor v
Syllabi vi
Chapter 1: Introduction to Law 1
Chapter 2: The U.S. Legal System 4
Chapter 3: The Courts and Legal Personnel 9
Chapter 4: Finding the Law: Legal Research 12
Chapter 5: Using the Law: Legal Analysis and Writing 14
Chapter 6: Constitutional Law 17
Chapter 7: Tort Law 19
Chapter 8: Family Law 22
Chapter 9: Estate Planning: Wills, Trusts, and Probate 27
Chapter 10: Contract and Property Law 29
Chapter 11: The Business Environment 33
Chapter 12: Civil Procedure Before Trial 37
Chapter 13: Alternative Dispute Resolution 41
Chapter 14: Criminal Practice: Criminal Law and Juvenile Law 45
Chapter 15: Criminal Procedure before Trial 47
Chapter 16: Rules of Evidence 50
Chapter 17: The Trial 53
Chapter 18: Alternative Dispute Resolution 55
1
Chapter 1
Introduction to Law
CHAPTER OVERVIEW
Chapter 1 provides an overview of the nature of law and its historical origins and
philosophical theories. This chapter also explains some of the more common categories of
law, including the sources of law, the distinction between substantive and procedural law and
the differences between criminal and civil law.
CHAPTER OBJECTIVES
1. Define the term law.
2. List some of the historical origins of law.
3. Explain the basic concepts of a civil law legal system.
4. Explain the basic concepts of a common law legal system.
5. List and describe three major philosophical theories of law.
6. List three important categories of law.
7. Explain the purpose of substantive laws.
8. Explain the purpose of procedural laws.
9. Provide examples of substantive criminal laws and substantive civil laws.
10. Compare and contrast procedures in a criminal case with procedures in a civil case.
LECTURE OUTLINE
1. Case File – Centerville News: March 10
2. Introduction
3. What Law Is
4. Categories of Law
5. Chapter Cases
6. Case Summaries
LIST OF CHANGES/TRANSITION GUIDE
Feedback from instructors and students who use this text confirmed that the basic
organization and features of this textbook are successful. Students especially appreciate the
extensive key term definitions in the margin, the interesting cases, and the wide use of
common hypothetical cases to explain the application of legal principles. These features
remain in the text. However, the law is not, nor will it ever be, a static entity. Any useful
textbook dealing with the law must reflect these changes. As a result, our goal in this edition
is to also provide students with the following.
• Updates to the law and exhibits containing current legal forms and court documents
• A broader view of some of the substantive and procedural areas of law
• Updated information on the use of technology in law practice
• Discussion of new court cases illustrating current trends in the development of our
laws
• More practice in building critical thinking skills with additional case questions and
end-of-chapter exercises.
All chapters have been reviewed, edited, and updated so as to contain current law and legal
forms.
Chapter 1
Introduction to Law
CHAPTER OVERVIEW
Chapter 1 provides an overview of the nature of law and its historical origins and
philosophical theories. This chapter also explains some of the more common categories of
law, including the sources of law, the distinction between substantive and procedural law and
the differences between criminal and civil law.
CHAPTER OBJECTIVES
1. Define the term law.
2. List some of the historical origins of law.
3. Explain the basic concepts of a civil law legal system.
4. Explain the basic concepts of a common law legal system.
5. List and describe three major philosophical theories of law.
6. List three important categories of law.
7. Explain the purpose of substantive laws.
8. Explain the purpose of procedural laws.
9. Provide examples of substantive criminal laws and substantive civil laws.
10. Compare and contrast procedures in a criminal case with procedures in a civil case.
LECTURE OUTLINE
1. Case File – Centerville News: March 10
2. Introduction
3. What Law Is
4. Categories of Law
5. Chapter Cases
6. Case Summaries
LIST OF CHANGES/TRANSITION GUIDE
Feedback from instructors and students who use this text confirmed that the basic
organization and features of this textbook are successful. Students especially appreciate the
extensive key term definitions in the margin, the interesting cases, and the wide use of
common hypothetical cases to explain the application of legal principles. These features
remain in the text. However, the law is not, nor will it ever be, a static entity. Any useful
textbook dealing with the law must reflect these changes. As a result, our goal in this edition
is to also provide students with the following.
• Updates to the law and exhibits containing current legal forms and court documents
• A broader view of some of the substantive and procedural areas of law
• Updated information on the use of technology in law practice
• Discussion of new court cases illustrating current trends in the development of our
laws
• More practice in building critical thinking skills with additional case questions and
end-of-chapter exercises.
All chapters have been reviewed, edited, and updated so as to contain current law and legal
forms.
2
QUESTIONS FOR REVIEW
Suggested answers:
1. A set of rules and procedures usually intended to regulate some aspect of society.
2. Code of Hammurabi and the Napoleonic Code.
3. Stare decisis / Medieval England
4. A civil law legal system is based on written laws or codes. A common law legal
system is developed through the courts.
5. Study of philosophy of law.
6. Natural theory of law is a philosophical theory holding that law reflects the moral and
unchangeable laws of nature. Legal positivism is a philosophical theory holding that
the validity of law is not related to morality. Legal realism is a philosophical theory
that laws are created by judges and therefore subject to individual beliefs and
prejudices.
7. U.S. laws generally stem from one of three sources: a constitution, a statute, or a case
decision; they are known accordingly as constitutional law, statutory law, or case law.
8. Substantive laws are laws that define our rights and obligations. Procedural laws are
laws that dictate how we enforce our rights and obligations.
9. Due process of law.
10. Procedural laws or rules tell us how we enforce substantive rights. Often, these rules
deal with the court process. Where a lawsuit should be filed, what the time limit is for
filing the action, and what type of papers must be filed in court are all questions of
procedural law. The answers to these types of procedural questions are generally
found in statutory law or rules of court. Rules of court are laws that are adopted by
various courts with power given to the courts by the legislature. However, in both
criminal and civil cases both constitutional and case law are sometimes important in
determining the procedures that must be followed. In the area of criminal law, the
U.S. Constitution specifies several procedures that must be followed by police, by
prosecutors, and by the court. For example, in criminal cases, a defendant has the
right to have an attorney. The defendant also has a right to due process of law. In the
area of civil law, the selection of the proper court in which to initiate the lawsuit is
sometimes a problem. Civil lawsuits must be filed in a court that has jurisdiction.
Jurisdiction is a complicated legal subject, but refers to the fact that the court must
have the power or authority to hear a case. The U.S. Constitution limits the types of
cases that can be brought in federal courts. The concept of due process of law also
applies to jurisdiction and limits the rights of courts to hear cases against defendants
who do not reside within the state in which the court is located. This is an
increasingly important issue with the amount of business done over the Internet.
When constitutional procedural issues arise, courts are often required to determine
how the Constitution applies to the specific facts of the case.
APPLICATION AND ANALYSIS PROBLEMS
Suggested Answers:
1. The landlord in Smith was not allowed to refuse to rent. The court stated that the
landlord’s religious beliefs “may not permit her to rent to unmarried cohabitants, but
the right of free exercise does not relieve an individual of the obligation to comply
with a valid and neutral law of general applicability on the ground that the law
proscribes conduct that his religion prescribes.” (p. 1161)
QUESTIONS FOR REVIEW
Suggested answers:
1. A set of rules and procedures usually intended to regulate some aspect of society.
2. Code of Hammurabi and the Napoleonic Code.
3. Stare decisis / Medieval England
4. A civil law legal system is based on written laws or codes. A common law legal
system is developed through the courts.
5. Study of philosophy of law.
6. Natural theory of law is a philosophical theory holding that law reflects the moral and
unchangeable laws of nature. Legal positivism is a philosophical theory holding that
the validity of law is not related to morality. Legal realism is a philosophical theory
that laws are created by judges and therefore subject to individual beliefs and
prejudices.
7. U.S. laws generally stem from one of three sources: a constitution, a statute, or a case
decision; they are known accordingly as constitutional law, statutory law, or case law.
8. Substantive laws are laws that define our rights and obligations. Procedural laws are
laws that dictate how we enforce our rights and obligations.
9. Due process of law.
10. Procedural laws or rules tell us how we enforce substantive rights. Often, these rules
deal with the court process. Where a lawsuit should be filed, what the time limit is for
filing the action, and what type of papers must be filed in court are all questions of
procedural law. The answers to these types of procedural questions are generally
found in statutory law or rules of court. Rules of court are laws that are adopted by
various courts with power given to the courts by the legislature. However, in both
criminal and civil cases both constitutional and case law are sometimes important in
determining the procedures that must be followed. In the area of criminal law, the
U.S. Constitution specifies several procedures that must be followed by police, by
prosecutors, and by the court. For example, in criminal cases, a defendant has the
right to have an attorney. The defendant also has a right to due process of law. In the
area of civil law, the selection of the proper court in which to initiate the lawsuit is
sometimes a problem. Civil lawsuits must be filed in a court that has jurisdiction.
Jurisdiction is a complicated legal subject, but refers to the fact that the court must
have the power or authority to hear a case. The U.S. Constitution limits the types of
cases that can be brought in federal courts. The concept of due process of law also
applies to jurisdiction and limits the rights of courts to hear cases against defendants
who do not reside within the state in which the court is located. This is an
increasingly important issue with the amount of business done over the Internet.
When constitutional procedural issues arise, courts are often required to determine
how the Constitution applies to the specific facts of the case.
APPLICATION AND ANALYSIS PROBLEMS
Suggested Answers:
1. The landlord in Smith was not allowed to refuse to rent. The court stated that the
landlord’s religious beliefs “may not permit her to rent to unmarried cohabitants, but
the right of free exercise does not relieve an individual of the obligation to comply
with a valid and neutral law of general applicability on the ground that the law
proscribes conduct that his religion prescribes.” (p. 1161)
3
2. In ‘North Coast Woman’s Care Medical Group’ the court stated that California has a
civil rights law that prevents a business from discriminating based on sexual
orientation. Because this is a valid and neutral law, the doctors had no First
Amendment right to discriminate.
3. The action against the officers was civil and not involving the state or any criminal
law.
4. This is a criminal case. It resulted from the commission of a crime and was brought
by the state, not the victim.
5. Answers will vary.
ASSIGNMENTS AND PROJECTS
Suggested answers:
1. Answers will vary.
2. Answers will vary.
3. Answers will vary.
SKILLS ASSESSMENT
Suggested answers:
1. This is a civil case resulting from a civil lawsuit filed by a rape victim under 42
U.S.C. § 13981.
2. (a.) Criminal. (b.) Civil.
3. (a.) Criminal. (b.) Eighth and Fourteenth Amendments. (c.) The Court looked at
recent history and examined how state legislatures and the international community
had been eliminating the death penalty for juveniles. (d.) The Court considered the
humanity of the death penalty, the national and international consensus against the
use of the death penalty on juveniles and weighed the nature of the penalty against the
immaturity and lack of judgment of juveniles.
2. In ‘North Coast Woman’s Care Medical Group’ the court stated that California has a
civil rights law that prevents a business from discriminating based on sexual
orientation. Because this is a valid and neutral law, the doctors had no First
Amendment right to discriminate.
3. The action against the officers was civil and not involving the state or any criminal
law.
4. This is a criminal case. It resulted from the commission of a crime and was brought
by the state, not the victim.
5. Answers will vary.
ASSIGNMENTS AND PROJECTS
Suggested answers:
1. Answers will vary.
2. Answers will vary.
3. Answers will vary.
SKILLS ASSESSMENT
Suggested answers:
1. This is a civil case resulting from a civil lawsuit filed by a rape victim under 42
U.S.C. § 13981.
2. (a.) Criminal. (b.) Civil.
3. (a.) Criminal. (b.) Eighth and Fourteenth Amendments. (c.) The Court looked at
recent history and examined how state legislatures and the international community
had been eliminating the death penalty for juveniles. (d.) The Court considered the
humanity of the death penalty, the national and international consensus against the
use of the death penalty on juveniles and weighed the nature of the penalty against the
immaturity and lack of judgment of juveniles.
Loading page 6...
4
Chapter 2
The U.S. Legal System
CHAPTER OVERVIEW
Chapter 2 provides an overview of the U.S. legal system. Included is a discussion of the
concept of federalism. The different branches of federal and state governments are
discussed. The three major sources of laws, constitutions, case law and statutory law, are
defined and explained.
OBJECTIVES
1. Explain the concept of federalism.
2. Describe the power of the federal government to make laws and identify the source of
that power.
3. Discuss the limits on the right of the states to make laws.
4. Explain the difference between exclusive and concurrent jurisdiction as related to the
law-making process.
5. Explain how the Supremacy Clause relates to the law-making power of the states.
6. Identify and describe the function of each branch of the federal government.
7. Describe role of the U.S. Constitution and state constitutions.
8. Explain how the concept of precedent or stare decisis operates today.
9. Compare and contrast case law and statutory law.
10. Outline the legislative process for the enactment of laws.
LECTURE OUTLINE
1. Case File – The Richfield Matters
2. Introduction
3. Federalism – the Relationship Between Federal and State Government
4. The Federal Government and the Legal System
5. State Governments and the Legal System
6. Sources of U.S. Law
7. Chapter Cases
8. Case Summaries
LIST OF CHANGES/TRANSITION GUIDE
Feedback from instructors and students who use this text confirmed that the basic
organization and features of this textbook are successful. Students especially appreciate the
extensive key term definitions in the margin, the interesting cases, and the wide use of
common hypothetical cases to explain the application of legal principles. These features
remain in the text. However, the law is not, nor will it ever be, a static entity. Any useful
textbook dealing with the law must reflect these changes. As a result, our goal in this edition
is to also provide students with the following.
• Updates to the law and exhibits containing current legal forms and court documents
• A broader view of some of the substantive and procedural areas of law
• Updated information on the use of technology in law practice
• Discussion of new court cases illustrating current trends in the development of our
laws
• More practice in building critical thinking skills with additional case questions and
end-of-chapter exercises.
Chapter 2
The U.S. Legal System
CHAPTER OVERVIEW
Chapter 2 provides an overview of the U.S. legal system. Included is a discussion of the
concept of federalism. The different branches of federal and state governments are
discussed. The three major sources of laws, constitutions, case law and statutory law, are
defined and explained.
OBJECTIVES
1. Explain the concept of federalism.
2. Describe the power of the federal government to make laws and identify the source of
that power.
3. Discuss the limits on the right of the states to make laws.
4. Explain the difference between exclusive and concurrent jurisdiction as related to the
law-making process.
5. Explain how the Supremacy Clause relates to the law-making power of the states.
6. Identify and describe the function of each branch of the federal government.
7. Describe role of the U.S. Constitution and state constitutions.
8. Explain how the concept of precedent or stare decisis operates today.
9. Compare and contrast case law and statutory law.
10. Outline the legislative process for the enactment of laws.
LECTURE OUTLINE
1. Case File – The Richfield Matters
2. Introduction
3. Federalism – the Relationship Between Federal and State Government
4. The Federal Government and the Legal System
5. State Governments and the Legal System
6. Sources of U.S. Law
7. Chapter Cases
8. Case Summaries
LIST OF CHANGES/TRANSITION GUIDE
Feedback from instructors and students who use this text confirmed that the basic
organization and features of this textbook are successful. Students especially appreciate the
extensive key term definitions in the margin, the interesting cases, and the wide use of
common hypothetical cases to explain the application of legal principles. These features
remain in the text. However, the law is not, nor will it ever be, a static entity. Any useful
textbook dealing with the law must reflect these changes. As a result, our goal in this edition
is to also provide students with the following.
• Updates to the law and exhibits containing current legal forms and court documents
• A broader view of some of the substantive and procedural areas of law
• Updated information on the use of technology in law practice
• Discussion of new court cases illustrating current trends in the development of our
laws
• More practice in building critical thinking skills with additional case questions and
end-of-chapter exercises.
Loading page 7...
5
All chapters have been reviewed, edited, and updated so as to contain current law and legal
forms.
QUESTIONS FOR REVIEW
Suggested answers:
1. Federalism is a system of government in which the people are regulated by both
federal and state governments.
2. The power of the federal government to regulate and make laws is limited by the U.S.
Constitution, which grants express and implied powers to regulate. Express powers
are granted to the U.S. Congress in Article I, Section 8 of the Constitution, which
gives Congress the right to regulate such matters as the coining of money, the post
office, and the military. (See Figure 2–1 entitled “Powers Granted to the U.S.
Congress” for a more complete list of these powers.) Along with the express powers,
the federal government also has the power to make all laws that are necessary and
proper for executing any of the stated powers. When Congress makes laws under this
provision, it is using its implied powers. Implied powers must be related to one of the
express powers. Matters that are not within the express or implied powers of the
federal government are generally left to the states to regulate. The Tenth Amendment
to the U.S. Constitution provides, “The powers not delegated to the United States by
the Constitution, nor prohibited by it to the States, are reserved to the States,
respectively, or to the people.” As a practical matter, however, the power of the
federal government to pass laws and to regulate is extensive. One reason for this is
that the Supreme Court has given a broad interpretation to the Commerce Clause.
This clause gives the federal government the right to regulate interstate commerce. In
the past, the Court has liberally interpreted this power. For example, Congress used
this section to justify numerous laws, including civil rights legislation.
3. Because there are areas of concurrent jurisdiction, conflicts sometimes exist between
laws made by the federal government and laws made by states. Where a conflict
exists, federal law controls. This is because of the Supremacy Clause of the
Constitution (Article VI): “This Constitution, and the Laws of the United States
which shall be made in Pursuance thereof… shall be the supreme Law of the Land;
and the Judges in every State shall be bound thereby, any Thing in the Constitution or
Laws of any State to the Contrary notwithstanding.” When a state passes a law that
conflicts with the Constitution, the U.S. Supreme Court has the power to declare that
state law unconstitutional and unenforceable.
4. Concurrent jurisdiction is where more than one entity has the power to regulate or act.
Exclusive jurisdiction is the sole power or authority to act in a certain situation.
5. Because there are areas of concurrent jurisdiction, conflicts sometimes exist between
laws made by the federal government and laws made by states. Where a conflict
exists, federal law controls. This is because of the Supremacy Clause of the
Constitution (Article VI): “This Constitution, and the Laws of the United States
which shall be made in Pursuance thereof… shall be the supreme Law of the Land;
and the Judges in every State shall be bound thereby, any Thing in the Constitution or
Laws of any State to the Contrary notwithstanding.” When a state passes a law that
conflicts with the Constitution, the U.S. Supreme Court has the power to declare that
state law unconstitutional and unenforceable.
6. Executive, legislative and judicial.
All chapters have been reviewed, edited, and updated so as to contain current law and legal
forms.
QUESTIONS FOR REVIEW
Suggested answers:
1. Federalism is a system of government in which the people are regulated by both
federal and state governments.
2. The power of the federal government to regulate and make laws is limited by the U.S.
Constitution, which grants express and implied powers to regulate. Express powers
are granted to the U.S. Congress in Article I, Section 8 of the Constitution, which
gives Congress the right to regulate such matters as the coining of money, the post
office, and the military. (See Figure 2–1 entitled “Powers Granted to the U.S.
Congress” for a more complete list of these powers.) Along with the express powers,
the federal government also has the power to make all laws that are necessary and
proper for executing any of the stated powers. When Congress makes laws under this
provision, it is using its implied powers. Implied powers must be related to one of the
express powers. Matters that are not within the express or implied powers of the
federal government are generally left to the states to regulate. The Tenth Amendment
to the U.S. Constitution provides, “The powers not delegated to the United States by
the Constitution, nor prohibited by it to the States, are reserved to the States,
respectively, or to the people.” As a practical matter, however, the power of the
federal government to pass laws and to regulate is extensive. One reason for this is
that the Supreme Court has given a broad interpretation to the Commerce Clause.
This clause gives the federal government the right to regulate interstate commerce. In
the past, the Court has liberally interpreted this power. For example, Congress used
this section to justify numerous laws, including civil rights legislation.
3. Because there are areas of concurrent jurisdiction, conflicts sometimes exist between
laws made by the federal government and laws made by states. Where a conflict
exists, federal law controls. This is because of the Supremacy Clause of the
Constitution (Article VI): “This Constitution, and the Laws of the United States
which shall be made in Pursuance thereof… shall be the supreme Law of the Land;
and the Judges in every State shall be bound thereby, any Thing in the Constitution or
Laws of any State to the Contrary notwithstanding.” When a state passes a law that
conflicts with the Constitution, the U.S. Supreme Court has the power to declare that
state law unconstitutional and unenforceable.
4. Concurrent jurisdiction is where more than one entity has the power to regulate or act.
Exclusive jurisdiction is the sole power or authority to act in a certain situation.
5. Because there are areas of concurrent jurisdiction, conflicts sometimes exist between
laws made by the federal government and laws made by states. Where a conflict
exists, federal law controls. This is because of the Supremacy Clause of the
Constitution (Article VI): “This Constitution, and the Laws of the United States
which shall be made in Pursuance thereof… shall be the supreme Law of the Land;
and the Judges in every State shall be bound thereby, any Thing in the Constitution or
Laws of any State to the Contrary notwithstanding.” When a state passes a law that
conflicts with the Constitution, the U.S. Supreme Court has the power to declare that
state law unconstitutional and unenforceable.
6. Executive, legislative and judicial.
Loading page 8...
6
7. The primary purpose and function of the U.S. Constitution and the state constitutions
is to establish a government and define its powers.
8. All case law originates with a controversy between two or more parties. The parties
bring the controversy before a court, asking the court to resolve the dispute. The
controversy must be a real, legitimate dispute, not something fabricated for bringing it
to court. It is not the function of the court, nor does the court have authority, to render
advisory opinions to individuals. Once a court is presented with a real, factual
dispute, it then has the power to resolve that dispute by applying appropriate legal
principles. The power of the court is, however, limited by the facts actually presented.
Because the law in each case is limited by the facts, the development of a thorough
body of law through the case method is a slow process. Nevertheless, many important
areas of law, both criminal and civil, have developed, and are continuing to develop
in this manner. To see exactly how legal principles develop, a review of the history of
the right to an attorney in state criminal cases provides a good example. The basic law
involved is the Fourteenth Amendment, which provides that no state may deny an
individual due process of law. The question for court interpretation involves the
obligation of the state to provide lawyers, free of charge, for indigent defendants.
9. Although the concept of stare decisis helps to bring consistency to court decisions, it
does not apply to every case decided by courts. In the U.S. legal system, the concept
is limited in the following ways: (1) Stare decisis applies only when a lower court is
faced with a factual situation that was decided by a higher court. Assume that a court
system consists of a supreme court, an intermediate appellate court, and a trial court.
Cases from the Supreme Court are stare decisis for cases heard in the appellate court
and the trial courts. Cases from the appellate courts are stare decisis for cases heard in
the trial courts, but not other appellate courts or the Supreme Court. Cases from the
trial court are not stare decisis because there is no lower court. (2) Decisions of state
courts are stare decisis only within the state where they are decided. (3) Stare decisis
applies only when the court orders that the opinion be published. All cases decided by
the U.S. Supreme Court are published. However, the various courts of appeals in all
jurisdictions decide many cases that never become binding case law (case law that
must be followed by lower courts). Appellate court cases are generally published only
if they contain a new interpretation or clarification of law.
10. The enactment of statutory law is usually a lengthy process consisting of the
following steps: (1) legislation proposed (2) bill introduced (3) bill referred to
committee (4) bill voted on by legislators (5) action passed by other house (6)
executive options
APPLICATION AND ANALYSIS PROBLEMS
Suggested answers:
1. In Riegel, the Supreme Court held that the MDA’s (federal law regulating medical
devices) pre-emption clause bars common-law claims challenging the safety or
effectiveness of a medical device marketed in a form that received premarket
approval from the FDA. Therefore, petitioner’s common-law claims were pre-
empted because they were based upon New York “requirement[s]” with respect to
Medtronic’s catheter that were “different from, or in addition to” the federal ones, and
that relate to safety and effectiveness.
2. Answers will vary.
3. The Supreme Court held it was a violation of the Eighth Amendment.
7. The primary purpose and function of the U.S. Constitution and the state constitutions
is to establish a government and define its powers.
8. All case law originates with a controversy between two or more parties. The parties
bring the controversy before a court, asking the court to resolve the dispute. The
controversy must be a real, legitimate dispute, not something fabricated for bringing it
to court. It is not the function of the court, nor does the court have authority, to render
advisory opinions to individuals. Once a court is presented with a real, factual
dispute, it then has the power to resolve that dispute by applying appropriate legal
principles. The power of the court is, however, limited by the facts actually presented.
Because the law in each case is limited by the facts, the development of a thorough
body of law through the case method is a slow process. Nevertheless, many important
areas of law, both criminal and civil, have developed, and are continuing to develop
in this manner. To see exactly how legal principles develop, a review of the history of
the right to an attorney in state criminal cases provides a good example. The basic law
involved is the Fourteenth Amendment, which provides that no state may deny an
individual due process of law. The question for court interpretation involves the
obligation of the state to provide lawyers, free of charge, for indigent defendants.
9. Although the concept of stare decisis helps to bring consistency to court decisions, it
does not apply to every case decided by courts. In the U.S. legal system, the concept
is limited in the following ways: (1) Stare decisis applies only when a lower court is
faced with a factual situation that was decided by a higher court. Assume that a court
system consists of a supreme court, an intermediate appellate court, and a trial court.
Cases from the Supreme Court are stare decisis for cases heard in the appellate court
and the trial courts. Cases from the appellate courts are stare decisis for cases heard in
the trial courts, but not other appellate courts or the Supreme Court. Cases from the
trial court are not stare decisis because there is no lower court. (2) Decisions of state
courts are stare decisis only within the state where they are decided. (3) Stare decisis
applies only when the court orders that the opinion be published. All cases decided by
the U.S. Supreme Court are published. However, the various courts of appeals in all
jurisdictions decide many cases that never become binding case law (case law that
must be followed by lower courts). Appellate court cases are generally published only
if they contain a new interpretation or clarification of law.
10. The enactment of statutory law is usually a lengthy process consisting of the
following steps: (1) legislation proposed (2) bill introduced (3) bill referred to
committee (4) bill voted on by legislators (5) action passed by other house (6)
executive options
APPLICATION AND ANALYSIS PROBLEMS
Suggested answers:
1. In Riegel, the Supreme Court held that the MDA’s (federal law regulating medical
devices) pre-emption clause bars common-law claims challenging the safety or
effectiveness of a medical device marketed in a form that received premarket
approval from the FDA. Therefore, petitioner’s common-law claims were pre-
empted because they were based upon New York “requirement[s]” with respect to
Medtronic’s catheter that were “different from, or in addition to” the federal ones, and
that relate to safety and effectiveness.
2. Answers will vary.
3. The Supreme Court held it was a violation of the Eighth Amendment.
Loading page 9...
7
4. Answers will vary.
5. The case illustrates the power of judicial review. The Telecommunications Act of
1996 was challenged by respondents. The Supreme Court agreed with the lower
court that the act was unconstitutional and in violation of the First Amendment.
ASSIGNMENTS AND PROJECTS
Suggested answers:
1. (a.) Fourth Amendment. The shooting was part of the arrest, and the Fourth
Amendment states that arrests must be reasonable. Fourth, Fifth, Sixth, Eighth, and
Fourteenth Amendments of the United States Constitution also apply here. (b.) Tenn.
Code Ann. § 40 7 108 (1982). (c.) The Court did not strike down the Tennessee
statute in its entirety, only as applied in this type of situation. “It is not, however,
unconstitutional on its face. Where the officer has probable cause to believe that the
suspect poses a threat of serious physical harm, either to the officer or to others, it is
not constitutionally unreasonable to prevent escape by using deadly force. Thus, if
the suspect threatens the officer with a weapon or there is probable cause to believe
that he has committed a crime involving the infliction or threatened infliction of
serious physical harm, deadly force may be used if necessary to prevent escape and if,
where feasible, some warning has been given. As applied in such circumstances, the
Tennessee statute would pass constitutional muster.” (d.) The Court discusses the
common-law rule that one can use deadly force against a fleeing felon. (e) The
common-law rule applied to a time when the killing of a resisting or fleeing felon
resulted in no greater consequences than those authorized for punishment of the
felony of which the individual was charged or suspected. Courts have also justified
the common law rule by emphasizing the relative dangerousness of felons. Neither of
these justifications makes sense today. Almost all crimes formerly punishable by
death no longer can be. And while in earlier times the gulf between the felonies and
the minor offenses was broad and deep, today the distinction is minor and often
arbitrary. Many crimes classified as misdemeanors, or nonexistent, at common law
are now felonies. These changes have undermined the concept, which was
questionable to begin with, that use of deadly force against a fleeing felon is merely a
speedier execution of someone who has already forfeited his life. They have also
made untenable the assumption that a “felon” is more dangerous than a
misdemeanant. There is an additional reason why the common law rule cannot be
directly translated to the present day. The common law rule developed at a time
when weapons were rudimentary. Deadly force could be inflicted almost solely in a
hand to hand struggle during which, necessarily, the safety of the arresting officer
was at risk. Handguns were not carried by police officers until the latter half of the
last century. Only then did it become possible to use deadly force from a distance as
a means of apprehension. As a practical matter, the use of deadly force under the
standard articulation of the common law rule has an altogether different meaning—
and harsher consequences – now than in past centuries. (f.) Yes, this case would
apply to Rambeaux. “A police officer may arrest a person if he has probable cause to
believe that person committed a crime. United States v. Watson, 423 U.S. 411 (1976).
Petitioners and appellant argue that if this requirement is satisfied the Fourth
Amendment has nothing to say about how that seizure is made. This submission
ignores the many cases in which this Court, by balancing the extent of the intrusion
against the need for it, has examined the reasonableness of the manner in which a
4. Answers will vary.
5. The case illustrates the power of judicial review. The Telecommunications Act of
1996 was challenged by respondents. The Supreme Court agreed with the lower
court that the act was unconstitutional and in violation of the First Amendment.
ASSIGNMENTS AND PROJECTS
Suggested answers:
1. (a.) Fourth Amendment. The shooting was part of the arrest, and the Fourth
Amendment states that arrests must be reasonable. Fourth, Fifth, Sixth, Eighth, and
Fourteenth Amendments of the United States Constitution also apply here. (b.) Tenn.
Code Ann. § 40 7 108 (1982). (c.) The Court did not strike down the Tennessee
statute in its entirety, only as applied in this type of situation. “It is not, however,
unconstitutional on its face. Where the officer has probable cause to believe that the
suspect poses a threat of serious physical harm, either to the officer or to others, it is
not constitutionally unreasonable to prevent escape by using deadly force. Thus, if
the suspect threatens the officer with a weapon or there is probable cause to believe
that he has committed a crime involving the infliction or threatened infliction of
serious physical harm, deadly force may be used if necessary to prevent escape and if,
where feasible, some warning has been given. As applied in such circumstances, the
Tennessee statute would pass constitutional muster.” (d.) The Court discusses the
common-law rule that one can use deadly force against a fleeing felon. (e) The
common-law rule applied to a time when the killing of a resisting or fleeing felon
resulted in no greater consequences than those authorized for punishment of the
felony of which the individual was charged or suspected. Courts have also justified
the common law rule by emphasizing the relative dangerousness of felons. Neither of
these justifications makes sense today. Almost all crimes formerly punishable by
death no longer can be. And while in earlier times the gulf between the felonies and
the minor offenses was broad and deep, today the distinction is minor and often
arbitrary. Many crimes classified as misdemeanors, or nonexistent, at common law
are now felonies. These changes have undermined the concept, which was
questionable to begin with, that use of deadly force against a fleeing felon is merely a
speedier execution of someone who has already forfeited his life. They have also
made untenable the assumption that a “felon” is more dangerous than a
misdemeanant. There is an additional reason why the common law rule cannot be
directly translated to the present day. The common law rule developed at a time
when weapons were rudimentary. Deadly force could be inflicted almost solely in a
hand to hand struggle during which, necessarily, the safety of the arresting officer
was at risk. Handguns were not carried by police officers until the latter half of the
last century. Only then did it become possible to use deadly force from a distance as
a means of apprehension. As a practical matter, the use of deadly force under the
standard articulation of the common law rule has an altogether different meaning—
and harsher consequences – now than in past centuries. (f.) Yes, this case would
apply to Rambeaux. “A police officer may arrest a person if he has probable cause to
believe that person committed a crime. United States v. Watson, 423 U.S. 411 (1976).
Petitioners and appellant argue that if this requirement is satisfied the Fourth
Amendment has nothing to say about how that seizure is made. This submission
ignores the many cases in which this Court, by balancing the extent of the intrusion
against the need for it, has examined the reasonableness of the manner in which a
Loading page 10...
8
search or seizure is conducted. It is plain that reasonableness depends on not only
when a seizure is made, but also how it is carried out.” Rambeaux is accused of using
excessive force in making an arrest. How he made the arrest is an issue. This case
would apply.
2. They would have to try to get local authorities to pass a law. Since there is no
existing controversy, there can be no court case.
3. They could try to get the city legislative body to repeal the law. Alternatively, they
could file a lawsuit, but they would probably have to violate the curfew and be cited
for it.
4. Statutory and case law.
SKILLS ASSESSMENT
Suggested answers:
1. Answers will vary.
search or seizure is conducted. It is plain that reasonableness depends on not only
when a seizure is made, but also how it is carried out.” Rambeaux is accused of using
excessive force in making an arrest. How he made the arrest is an issue. This case
would apply.
2. They would have to try to get local authorities to pass a law. Since there is no
existing controversy, there can be no court case.
3. They could try to get the city legislative body to repeal the law. Alternatively, they
could file a lawsuit, but they would probably have to violate the curfew and be cited
for it.
4. Statutory and case law.
SKILLS ASSESSMENT
Suggested answers:
1. Answers will vary.
Loading page 11...
9
Chapter 3
The Courts and Legal Personnel
CHAPTER OVERVIEW
Chapter 3 explores the federal and state court systems and the various personnel found in the
U.S. legal system.
OBJECTIVES
1. Describe the structure of the federal court system.
2. Explain the role of the U.S. district courts.
3. Explain the role of the U.S. courts of appeals.
4. Explain the role of the U.S. Supreme Court.
5. Describe the basic structure of state court systems.
6. Explain the circumstances in which the federal courts have jurisdiction.
7. Describe the selection process for federal judges.
8. List and describe the various personnel working in the U.S. legal system.
9. Summarize general standards of ethical conduct for judges and judicial employees.
10. Summarize general standards of ethical conduct for lawyers, paralegals, and criminal
justice professionals.
LECTURE OUTLINE
1. The Courts And Their Roles
2. The Judiciary
3. The Legal Community
4. Ethics and Professional Conduct
5. Chapter Cases
6. Case Summaries
LIST OF CHANGES/TRANSITION GUIDE
Chapter 3 contains new discussion of administrative hearing representatives and business
ethics.
QUESTIONS FOR REVIEW
Suggested answers:
1. The U.S. Constitution provides for the establishment of a Supreme Court and such
inferior courts as Congress may establish. As a result of laws enacted by Congress,
the federal court structure now consists of trial courts (primarily the U.S. district
courts, but also various specialized courts), appellate courts (U.S. courts of appeals),
and one Supreme Court. The courts are arranged much like a pyramid, with the
Supreme Court at the top, the courts of appeals in the middle, and the district courts at
the bottom.
2. District courts are courts of original jurisdiction, or more simply, trial courts.
3. As the name suggests, a U.S. court of appeals is primarily a court of appellate
jurisdiction; that is, a court of review. In our legal system, parties in most cases have
the right to have an appellate court review of what happened at the trial court.
4. The Supreme Court is primarily a court of review (i.e., it exercises appellate
jurisdiction). It hears cases from the lower federal courts. It can also hear cases that
originated in the state courts if the case involves a constitutional issue or a question of
Chapter 3
The Courts and Legal Personnel
CHAPTER OVERVIEW
Chapter 3 explores the federal and state court systems and the various personnel found in the
U.S. legal system.
OBJECTIVES
1. Describe the structure of the federal court system.
2. Explain the role of the U.S. district courts.
3. Explain the role of the U.S. courts of appeals.
4. Explain the role of the U.S. Supreme Court.
5. Describe the basic structure of state court systems.
6. Explain the circumstances in which the federal courts have jurisdiction.
7. Describe the selection process for federal judges.
8. List and describe the various personnel working in the U.S. legal system.
9. Summarize general standards of ethical conduct for judges and judicial employees.
10. Summarize general standards of ethical conduct for lawyers, paralegals, and criminal
justice professionals.
LECTURE OUTLINE
1. The Courts And Their Roles
2. The Judiciary
3. The Legal Community
4. Ethics and Professional Conduct
5. Chapter Cases
6. Case Summaries
LIST OF CHANGES/TRANSITION GUIDE
Chapter 3 contains new discussion of administrative hearing representatives and business
ethics.
QUESTIONS FOR REVIEW
Suggested answers:
1. The U.S. Constitution provides for the establishment of a Supreme Court and such
inferior courts as Congress may establish. As a result of laws enacted by Congress,
the federal court structure now consists of trial courts (primarily the U.S. district
courts, but also various specialized courts), appellate courts (U.S. courts of appeals),
and one Supreme Court. The courts are arranged much like a pyramid, with the
Supreme Court at the top, the courts of appeals in the middle, and the district courts at
the bottom.
2. District courts are courts of original jurisdiction, or more simply, trial courts.
3. As the name suggests, a U.S. court of appeals is primarily a court of appellate
jurisdiction; that is, a court of review. In our legal system, parties in most cases have
the right to have an appellate court review of what happened at the trial court.
4. The Supreme Court is primarily a court of review (i.e., it exercises appellate
jurisdiction). It hears cases from the lower federal courts. It can also hear cases that
originated in the state courts if the case involves a constitutional issue or a question of
Loading page 12...
10
federal law. If the issues in the case relate only to state law, then the Supreme Court
has no authority to hear the case. In most instances, the Supreme Court has
discretionary power to review cases. It often exercises that power in cases of major
importance or in cases where the lower courts are in disagreement regarding the law
to be applied.
5. State court systems are established and organized according to state law. The various
state systems resemble the federal system. All states have trial courts and courts of
review. Some states, like the federal system, have three tiers of courts: trial courts,
intermediate appellate courts, and a court of last review. The function of trial courts
and appellate courts is similar to that of their federal counterparts, although the names
of the various courts are often different.
6. Federal district courts have jurisdiction over all cases involving federal law.
7. Federal judges are nominated by the President and confirmed by the Senate.
8. Court clerk: assists the court and the judge by filing documents, marking and
safeguarding evidence, reviewing documents that are submitted to the judge, and
performing other similar tasks. Court reporter: records the testimony that takes place
during the open court proceedings; the court reporter will produce a transcript.
Bailiff: responsible for the safety of the judge and for order within the courtroom;
sometimes known as a court deputy or court attendant.
9. For judges: (1) A Judge Should Uphold the Integrity and Independence of the
Judiciary (2) A Judge Should Avoid Impropriety and the Appearance of Impropriety
in All Activities (3) A Judge Should Perform the Duties of the Office Impartially and
Diligently (4) A Judge May Engage in Extra-Judicial Activities to Improve the Law,
the Legal System, and the Administration of Justice (5) A Judge Should Regulate
Extra-Judicial Activities to Minimize the Risk of Conflict with Judicial Duties (6) A
Judge Should Regularly File Reports of Compensation Received for Law-Related and
Extra-Judicial Activities (7) A Judge Should Refrain from Political Activity – For
judicial employees: (1) a judicial employee should uphold the integrity and
independence of the judiciary and of the judicial employee’s office (2) a judicial
employee should avoid impropriety and the appearance of impropriety in all activities
(3) a judicial employee should adhere to appropriate standards in performing the
duties of the office
10. Lawyers: All members of the legal profession, including attorneys, paralegals, and
support staff, are bound by ethical standards. When a lawyer agrees to represent a
client, a special relationship is created between the lawyer and the client. This
fiduciary relationship means that the attorney must exercise the highest degree of trust
and care with that client. The relationship carries with it various duties or obligations
for the attorney in handling the case. Attorneys also have obligations to the court,
especially with respect to honesty and candor – Paralegals: A paralegal working
under the supervision of a lawyer must also follow the ethical rules that govern
attorneys. Because paralegals are not licensed, they are not subject to any disciplinary
action by a state bar. If a paralegal violates any of the standards, however, other
penalties might result.
APPLICATION AND ANALYSIS PROBLEMS
Suggested answers:
1. Answers will vary.
2. Answers will vary.
federal law. If the issues in the case relate only to state law, then the Supreme Court
has no authority to hear the case. In most instances, the Supreme Court has
discretionary power to review cases. It often exercises that power in cases of major
importance or in cases where the lower courts are in disagreement regarding the law
to be applied.
5. State court systems are established and organized according to state law. The various
state systems resemble the federal system. All states have trial courts and courts of
review. Some states, like the federal system, have three tiers of courts: trial courts,
intermediate appellate courts, and a court of last review. The function of trial courts
and appellate courts is similar to that of their federal counterparts, although the names
of the various courts are often different.
6. Federal district courts have jurisdiction over all cases involving federal law.
7. Federal judges are nominated by the President and confirmed by the Senate.
8. Court clerk: assists the court and the judge by filing documents, marking and
safeguarding evidence, reviewing documents that are submitted to the judge, and
performing other similar tasks. Court reporter: records the testimony that takes place
during the open court proceedings; the court reporter will produce a transcript.
Bailiff: responsible for the safety of the judge and for order within the courtroom;
sometimes known as a court deputy or court attendant.
9. For judges: (1) A Judge Should Uphold the Integrity and Independence of the
Judiciary (2) A Judge Should Avoid Impropriety and the Appearance of Impropriety
in All Activities (3) A Judge Should Perform the Duties of the Office Impartially and
Diligently (4) A Judge May Engage in Extra-Judicial Activities to Improve the Law,
the Legal System, and the Administration of Justice (5) A Judge Should Regulate
Extra-Judicial Activities to Minimize the Risk of Conflict with Judicial Duties (6) A
Judge Should Regularly File Reports of Compensation Received for Law-Related and
Extra-Judicial Activities (7) A Judge Should Refrain from Political Activity – For
judicial employees: (1) a judicial employee should uphold the integrity and
independence of the judiciary and of the judicial employee’s office (2) a judicial
employee should avoid impropriety and the appearance of impropriety in all activities
(3) a judicial employee should adhere to appropriate standards in performing the
duties of the office
10. Lawyers: All members of the legal profession, including attorneys, paralegals, and
support staff, are bound by ethical standards. When a lawyer agrees to represent a
client, a special relationship is created between the lawyer and the client. This
fiduciary relationship means that the attorney must exercise the highest degree of trust
and care with that client. The relationship carries with it various duties or obligations
for the attorney in handling the case. Attorneys also have obligations to the court,
especially with respect to honesty and candor – Paralegals: A paralegal working
under the supervision of a lawyer must also follow the ethical rules that govern
attorneys. Because paralegals are not licensed, they are not subject to any disciplinary
action by a state bar. If a paralegal violates any of the standards, however, other
penalties might result.
APPLICATION AND ANALYSIS PROBLEMS
Suggested answers:
1. Answers will vary.
2. Answers will vary.
Loading page 13...
11
3. (a) In this case the appellate court found no ethical violation because the judges
“rudeness” did not interfere with effective administration of the courts. (b) The court
found no ethical violation here saying that any error here was one related to a legal
question and had nothing to do with proper judicial conduct. (c) The court found no
ethical violation because the parties eventually received what they asked for and
therefore there was no interference in the expeditious administration of the courts. (d)
The judge did nothing to interfere with the defendant’s rights in this case and his
slight involvement with the defendant years earlier caused no harm. The court found
no ethical violation. (e) Answers will vary.
4. Conflict of interest.
5. Answers will vary.
6. Answers will vary, but the prosecution has an obligation to provide exculpatory
evidence to the defense.
7. Answers will vary, but the defense has no obligation to provide this information to
the prosecution.
8. Answers will vary.
ASSIGNMENTS AND PROJECTS
Suggested answers:
1. Answers will vary.
2. Answers will vary.
3. Answers will vary.
SKILLS ASSESSMENT
Suggested answers:
1. Answers will vary.
3. (a) In this case the appellate court found no ethical violation because the judges
“rudeness” did not interfere with effective administration of the courts. (b) The court
found no ethical violation here saying that any error here was one related to a legal
question and had nothing to do with proper judicial conduct. (c) The court found no
ethical violation because the parties eventually received what they asked for and
therefore there was no interference in the expeditious administration of the courts. (d)
The judge did nothing to interfere with the defendant’s rights in this case and his
slight involvement with the defendant years earlier caused no harm. The court found
no ethical violation. (e) Answers will vary.
4. Conflict of interest.
5. Answers will vary.
6. Answers will vary, but the prosecution has an obligation to provide exculpatory
evidence to the defense.
7. Answers will vary, but the defense has no obligation to provide this information to
the prosecution.
8. Answers will vary.
ASSIGNMENTS AND PROJECTS
Suggested answers:
1. Answers will vary.
2. Answers will vary.
3. Answers will vary.
SKILLS ASSESSMENT
Suggested answers:
1. Answers will vary.
Loading page 14...
12
Chapter 4
Finding the Law: Legal Research
CHAPTER OVERVIEW
Chapter 4 explores basic legal research and common research methods.
CHAPTER OBJECTIVES
1. Describe the differences between primary legal research sources and secondary legal
research sources.
2. Identify the categories of primary and secondary legal research sources.
3. Analyze the facts of a client’s case.
4. Compare the facts of a client’s case with the facts of a published (reported) case.
5. Identify basic legal issues.
6. Identify relevant facts.
7. List and describe the factual categories into which facts often fall.
8. Explain the differences between dictionaries, legal encyclopedias, form books, legal
periodicals, treatises, and digests.
9. Explain where case law is located.
10. Explain the similarities and differences between federal case law and state case law
publications.
11. List and define the components of case law.
12. Identify the elements of simple statutes.
LECTURE OUTLINE
1. Case File – The Welch Family Law Matter
2. Introduction to Legal Research Using Print Resources
3. Before You Begin
4. Where to Begin Research
5. Case Law
6. Statutory Law
7. Introduction to Computer-Assisted Legal Research (CALR)
8. Chapter Case
LIST OF CHANGES/TRANSITION GUIDE
Chapter 4 contains a complete revision and update of the section on computer-assisted
research.
QUESTIONS FOR REVIEW
Suggested answers:
1. Primary sources include constitutions, statutes, and case law. Secondary sources
include dictionaries, digests and citators.
2. Relevant facts are key or significant facts. Explanatory facts are facts that help the
researcher understand what happened. Unnecessary facts are irrelevant to the legal
issue.
3. A legal encyclopedia is a collection of legal information; a secondary source of the
law.
4. A collection of reported cases.
Chapter 4
Finding the Law: Legal Research
CHAPTER OVERVIEW
Chapter 4 explores basic legal research and common research methods.
CHAPTER OBJECTIVES
1. Describe the differences between primary legal research sources and secondary legal
research sources.
2. Identify the categories of primary and secondary legal research sources.
3. Analyze the facts of a client’s case.
4. Compare the facts of a client’s case with the facts of a published (reported) case.
5. Identify basic legal issues.
6. Identify relevant facts.
7. List and describe the factual categories into which facts often fall.
8. Explain the differences between dictionaries, legal encyclopedias, form books, legal
periodicals, treatises, and digests.
9. Explain where case law is located.
10. Explain the similarities and differences between federal case law and state case law
publications.
11. List and define the components of case law.
12. Identify the elements of simple statutes.
LECTURE OUTLINE
1. Case File – The Welch Family Law Matter
2. Introduction to Legal Research Using Print Resources
3. Before You Begin
4. Where to Begin Research
5. Case Law
6. Statutory Law
7. Introduction to Computer-Assisted Legal Research (CALR)
8. Chapter Case
LIST OF CHANGES/TRANSITION GUIDE
Chapter 4 contains a complete revision and update of the section on computer-assisted
research.
QUESTIONS FOR REVIEW
Suggested answers:
1. Primary sources include constitutions, statutes, and case law. Secondary sources
include dictionaries, digests and citators.
2. Relevant facts are key or significant facts. Explanatory facts are facts that help the
researcher understand what happened. Unnecessary facts are irrelevant to the legal
issue.
3. A legal encyclopedia is a collection of legal information; a secondary source of the
law.
4. A collection of reported cases.
Loading page 15...
13
5. The example set by the decision of an earlier court for similar cases or similar legal
questions that arise in later cases.
6. The pocket part is a removable supplement to a volume of statutory law. The pocket
part is located in a slip pocket in the back of the volume. This is how the codes (and
many other legal materials) are kept current.
7. Lexis Advance, Westlaw, and Bloomberg Law.
8. (1) http://www.gpo.gov/fdsys (2) http://www.uscourts.gov (3)
http://www.law.cornell.edu
9. (1) Although computer search capabilities are continually improving, at times you
may have problems with misspelled words, typographical errors, or use of synonyms
(2) a tendency to overuse hyperlinks can result in unorganized (and lost) research (3)
the use of Lexis and Westlaw can be costly
10. Boolean is a special logic used in computerized legal research; uses connective
words.
APPLICATION AND ANALYSIS PROBLEMS
Suggested answers:
1. (a) Bobby met all of the elements of the statute (1) he committed an assault (2) he
used a firearm (3) the assault was upon a law enforcement officer (4) the officer was
in the performance of his duties. (b) Bobby did not violate the statute because it
requires that the assault be on a law enforcement officer. Security guards are not
considered law enforcement.
2. Answers will vary.
3. Section 1139 in Figure 4-2 is taken from an encyclopedia (California Jurisprudence.)
In Welsh this section provides the researcher with background information
concerning the law regarding support modification and leads the reader to primary
sources. The researcher should use this section to obtain an overview of the law and
to identify primary sources to be consulted.
ASSIGNMENTS AND PROJECTS
Suggested answers:
1. Answers will vary.
2. 491 U.S. 274: Missouri v. Jenkins, 491 U.S. 274 (1989)
372 U.S. 335: Gideon v. Wainwright, 372 U.S. 335 (963)
367 U.S. 643: Mapp v. Ohio, 367 U.S. 643 (1961)
384 U.S. 436: Miranda v. Ariz., 384 U.S. 436 (1966)
474 U.S. 82: Heath v. Ala., 474 U.S. 82 (1985)
SKILLS ASSESSMENT
Suggested answers:
1. Answers will vary.
5. The example set by the decision of an earlier court for similar cases or similar legal
questions that arise in later cases.
6. The pocket part is a removable supplement to a volume of statutory law. The pocket
part is located in a slip pocket in the back of the volume. This is how the codes (and
many other legal materials) are kept current.
7. Lexis Advance, Westlaw, and Bloomberg Law.
8. (1) http://www.gpo.gov/fdsys (2) http://www.uscourts.gov (3)
http://www.law.cornell.edu
9. (1) Although computer search capabilities are continually improving, at times you
may have problems with misspelled words, typographical errors, or use of synonyms
(2) a tendency to overuse hyperlinks can result in unorganized (and lost) research (3)
the use of Lexis and Westlaw can be costly
10. Boolean is a special logic used in computerized legal research; uses connective
words.
APPLICATION AND ANALYSIS PROBLEMS
Suggested answers:
1. (a) Bobby met all of the elements of the statute (1) he committed an assault (2) he
used a firearm (3) the assault was upon a law enforcement officer (4) the officer was
in the performance of his duties. (b) Bobby did not violate the statute because it
requires that the assault be on a law enforcement officer. Security guards are not
considered law enforcement.
2. Answers will vary.
3. Section 1139 in Figure 4-2 is taken from an encyclopedia (California Jurisprudence.)
In Welsh this section provides the researcher with background information
concerning the law regarding support modification and leads the reader to primary
sources. The researcher should use this section to obtain an overview of the law and
to identify primary sources to be consulted.
ASSIGNMENTS AND PROJECTS
Suggested answers:
1. Answers will vary.
2. 491 U.S. 274: Missouri v. Jenkins, 491 U.S. 274 (1989)
372 U.S. 335: Gideon v. Wainwright, 372 U.S. 335 (963)
367 U.S. 643: Mapp v. Ohio, 367 U.S. 643 (1961)
384 U.S. 436: Miranda v. Ariz., 384 U.S. 436 (1966)
474 U.S. 82: Heath v. Ala., 474 U.S. 82 (1985)
SKILLS ASSESSMENT
Suggested answers:
1. Answers will vary.
Loading page 16...
13 more pages available. Scroll down to load them.
Preview Mode
Sign in to access the full document!
100%