Chapter 13Legal Research Process Expanded Outline Expanded Outline

Chapter 13—Legal Research Process Expanded Outline

Expanded Outline • Issue page—List all ideas and formulations of the issue.

Expanded Outline • Fact page—List key and background facts, sentences and ideas concerning the facts.

Expanded Outline • Analysis—Rule of law page—List name and citation of law, relevant contents, ideas and sentences concerning law.

Expanded Outline • Analysis—Case law page —List name and citation of case, relevant law/quotes, ideas, and sentences concerning case.

Expanded Outline • Analysis—Application— List all ideas, sentences, and so on, showing how law applies to client’s facts.

Expanded Outline • Counteranalysis—List any ideas, sentences, law, quotes concerning counterarguments.

Expanded Outline • Conclusion—List any ideas, sentences, and so on, concerning the writing of the conclusion.

Chapter 13— Legal Research Process Part A—Analyze the Assignment

Part A—Analyze the Assignment • Assignment—An identification of the type and purpose of the research assignment

Part A—Analyze the Assignment • Constraints – Time: Allocate research time according to the time allotted to the assignment. – Length: If there is a page limit, organize research to ensure that each section is allotted sufficient space. – Format: Identify any format that may govern the assignment.

Part A—Analyze the Assignment • Organization—Prepare an outline of the assignment.

Chapter 13— Legal Research Process Part B—Conduct Research

Part B—Conduct Research • Step 1: Preliminary preparation Gather all information necessary to research and analyze the assignment. – Part 1: Gather information about the case. – Part 2: Identify the key terms and key facts. – Part 3: Preliminary research.

Part B—Conduct Research • Step 2: Issue Identify the issue (legal question) or issues raised by the facts of the client’s case.

Part B—Conduct Research • Step 3: Rule Identify the law that governs the issue. – Part 1: Locate the general law that governs the issue. – Part 2: Locate the law that interprets how the general law applies to the specific fact situation of the issue. – Part 3: Update research.