© 2006 thomson delmar learning. all right reserved. chapter 2 prenuptial agreements
TRANSCRIPT
© 2006 Thomson Delmar Learning. All Right Reserved.
CHAPTER 2CHAPTER 2
PRENUPTIAL AGREEMENTSPRENUPTIAL AGREEMENTS
• Developing your skill• Legal Memorandum of Law
• Appellate brief
• Susan’s first research assignment• Where to start
• Digest
Legal Research and Writing
Chapter 2Chapter 2
© 2006 Thomson Delmar Learning. All Right Reserved.
• Susan’s first Memorandum of Law• Statement of facts
• Issues presented
• Discussion
• Conclusion
• Discussing Susan’s writing assignment
• How our legal system was created
• English imports
Legal Research and Writing
Chapter 2Chapter 2
© 2006 Thomson Delmar Learning. All Right Reserved.
• Common Law• Precedent/ Doctrine of Stare Decision
• Common law
• Supreme Court
• Three parts– Majority
– Dissent
– Concurrence
Legal Research and Writing
Chapter 2Chapter 2
© 2006 Thomson Delmar Learning. All Right Reserved.
• Statutory Law– Statutory law– Statute– Codes
• How the Court System is set up– Supreme Court– County Courts– Circuit Courts– District/ Superior Court– Small Claims Court– Trial Court
Legal Research and Writing
Chapter 2Chapter 2
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• The Judge’s Job• Interpret the law
• Apply jurisdiction
• Primary authority
• Secondary or persuasive authority
• Learning the law• Socratic method
Legal Research and Writing
Chapter 2Chapter 2
© 2006 Thomson Delmar Learning. All Right Reserved.
• Learning legal research• Judicial opinions
• Reporters– Supplemental bound volume
– Pocket parts
– Advance sheet
• Regional Reporters
• Case of first impression
Legal Research and Writing
Chapter 2Chapter 2
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• Do statutes apply to your case?• Federal vs. State
• Are you researching procedural or substantive law?• Substantive law
• Procedural law
Legal Research and Writing
Chapter 2Chapter 2
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• Finding the Right Books for Research
• Essential Sources for Legal Research• State statutory code
• Case reporters
• Court rule book
• Case digest
• Legal newspaper
Legal Research and Writing
Chapter 2Chapter 2
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• You Have The Right Books, But Now What?• Words and phrases
• Index
• CALR
• A Brave New World: Computer-Assisted Legal Research• Westlaw• Lexis-Nexis• Search engines
Legal Research and Writing
Chapter 2Chapter 2
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• How to Locate a State Statute• Coding
• Statute Analysis• Legislative history
• Needle in a Haystack: Finding the Applicable Case Law• Determine what issue is being searched
• Analyze your research question
Legal Research and Writing
Chapter 2Chapter 2
© 2006 Thomson Delmar Learning. All Right Reserved.
• Additional research help available• Corpus Juris Secundum (CJS)• American Jurisprudence (Am Jur)
• Citations: No two alike• Example: 74 HAW. 645, 852 P.2d 44 (1993).
– The first set of numbers, 74 HAW. 645, means that the case can be found in the 74th volume of the Hawaii Reports one page 645. The second set of numbers is known as a parallel citation and directs you to the same case opinion, but in the geographic region reporter – in this case, the reporter for the Pacific region. The citation 852 P.2d 44 directs you to volume 852 of the second series of the Pacific Reporter on page 44.
Legal Research and Writing
Chapter 2Chapter 2
© 2006 Thomson Delmar Learning. All Right Reserved.
• Shepardize or suffer the consequences• Shepardizing
• Analyzing a Case: Learning How to Read – Again?• Case briefing
• How to brief a case• Determine key facts• Legal issues in dispute• Holding of the case
Legal Research and Writing
Chapter 2Chapter 2
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• Susan’s first Appellate Brief• Writing your first Appellate Brief
• Identifying the parties in the appeal• Cover sheet requirements• Table of Contents
– Table of authorities– Statement of issues– Statement of facts– Argument– Conclusion
• Appellate brief analysis
Legal Research and Writing
Chapter 2Chapter 2
© 2006 Thomson Delmar Learning. All Right Reserved.
• Ethics Alert:• Should Susan be concerned?
Legal Research and Writing
Chapter 2Chapter 2
© 2006 Thomson Delmar Learning. All Right Reserved.