Legal Research, Analysis and Writing by William H. Putman

By William H. Putman

The second one variation of this renowned textual content presents scholars with in-depth wisdom of the basics divided into 4 components: advent to investigate Analytical rules and the criminal strategy; criminal study; felony research; and criminal Writing. This technique meets the problem that Paralegals and legislation clerks are more and more confronted with while known as upon to accomplish sizeable criminal study, research, and writing projects. accomplished assurance of the tough parts of felony examine, research, and writing, reminiscent of: undertaking statutory examine and research; how one can cite authority; how you can determine the main evidence in a case; how one can behavior counteranalysis; and the way to arrange an interoffice memorandum and court docket short are incorporated. a variety of hypotheticals, examples, and routines have interaction scholars, and make the subject material more uncomplicated to realize. The setup of this article enables use in separate learn and writing classes, or the place either discovering and writing are mixed in a single direction, teachers can opt for the chapters deemed acceptable.

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The example addresses the questions raised in the hypothetical presented at the beginning of the chapter. Renee’s research on the subject of gender discrimination identified the following authority that might apply to the issues raised in the client’s case: 1. Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination on the basis of gender 2. Section 59-9-4 of the state statutes, which prohibits employment discrimination on the basis of gender 3. Erik v. , a federal court case with facts almost identical to Ms.

Primary authority—the law itself 2. Secondary authority—nonlaw sources on which a court may rely The two possible roles that authority may play are: 1. Mandatory authority—the authority a court must rely on and follow when deciding an issue 2. Persuasive authority—the authority a court may rely on and follow, but is not bound to rely on or follow The following subsections first address the two types of authority (primary and secondary), then discuss the role of authority, that is, the value or weight a court must or may give to authority (mandatory and persuasive authority).

The case law is composed of the general legal rules, doctrines, and principles contained in court opinions. 2. Court Systems A basic understanding of court systems is necessary for anyone analyzing a legal problem. The approach to a problem and the direction of research may depend upon whether relief is available in federal or state court or both. This section presents a brief overview of the court systems. There are two court systems, the federal court system and the state court system. A common factor to both systems is the concept of jurisdiction.

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