Course Title:
LEGAL BIBLIOGRAPHY
Course No.:
LEG 132
Prerequisites:
LEG 135
Credits:
3.0 Semester Hours
Instructor: Phil Mace
Office: CO 132
Phone: 822-3310
Email Office Hours
INSTRUCTIONAL METHOD:
Lecture
PERFORMANCE:
Written Examinations, Papers
TEXT: LEGAL RESEARCH &
WRITING for PARALEGALS ,
by Bouchoux, 3d Edition, 2002, Aspen Publishers, Inc.
COURSE DESCRIPTION: This course is a study of the methods of
legal research, proper citation of authority, use of legal treatises, texts,
reports and digests. This course introduces the student to techniques and
procedures of legal writing and analysis.
COURSE OBJECTIVES : By the end of this course, the student
should be able to:
1 Locate items readily in the
Law Library.
2. Research statutes and case law manually and by computer.
3. Utilize various reporters and
digests.
4. Cite cases properly.
5. Shepardize/Keycite decisions.
6. Coordinate research efforts
into memorandum form.
GRADING SCALE:
A = 90-100
B = 80-89
GRADE COMPUTATION: Based on written examinations and
projects.
ATTENDANCE POLICY: Students are expected to prepare for and
attend classes as scheduled. The maximum number of allowable absences for this
course is twice the number of meeting times a week. Students are responsible
for any class work or assignments missed. This includes absences resulting from
late enrollment.
Business Department majors
must earn a "C" or
STUDENTS WITH DISABILITIES: If
special accommodations are needed for a student with disabilities, the student
must contact the Counseling Services office for assistance. Documentation
regarding the disability is required for accommodation arrangements.
Confidentiality of the information received will be maintained.
COURSE OUTLINE:
LEGAL BIBLIOGRAPHY
WEEK 1
Introduction to course and
library resources; citation style. Lecture on sources of the law, primary and
secondary authority. Citation style. Descriptive word indexes, key number
indexes, tables of contents and topical outlines. Formulating a search
strategy. Reading Assignment: Chapters 6, 8 & 12.
Assignment: Encyclopedias - C.J.S. & S.C. Jurisprudence.
WEEK 2
South Carolina Code. Before
class, read Chapter 3(B)&(C)
Lecture on legislative process. Hierarchy
of authority. State constitution. Analysis of a statute. Legislative history.
Local laws, joint and concurrent resolutions. Joints Acts and Resolutions of
the S.C. General Assembly. Acts by popular names. Citation style. Updating.
Legislative hotline.
Assignment: S.C. Code.
WEEK 3
Southeastern Reporter and
Digest; Shepardizing cases and updating materials. Before class, read Chapters
4, 5 & 9. Lecture on structure of court system: appellate courts, courts of
general and limited jurisdiction. Stare decisis and application of precedent.
Elements of a case. Key numbers and head notes. West's digest system. The Blue
and White Book.
Assignment: Reporters and Digests..
WEEK 4
South Carolina legal
materials: Computer-assisted research. Search techniques employing Lexis-Nexis,
FindLaw and other Internet resources.. Expanding or limiting scope of searches. How to find known
authority. Updating cases on computer, and the need to shepardize. This class
will be held in computer lab in Congaree Hall.
Assignment:
Lexis-Nexis.
WEEK 5
Federal Code (and other
federal law available only through WestLaw). Constitution, code, regulations
and cases. Structure of federal court system. Federal Reporters.
Assignment: Federal Code.
WEEK 6
Secondary materials: Law
Review articles, hornbooks, forms books, treatises, Martindale Hubbell
directory, loose-leaf services, annotations. Before class, read Chapters 7&
8.
Assignment: ALR 2nd-4th.
WEEK 7
Midterm Examination.
WEEK 8
Introduction to Westlaw.
Before class, read Chapter 11. Westlaw instruction will take place in the
paralegal lab in Congaree Hall. Selecting a search method: known authority,
concepts, specific documents. Search modes and commands: terms and connectors
vs. "natural language" searches. Editing queries and transferring
them to different databases. Browsing modes and commands. Using
"locate." Citator services:
Shepards, InstaCite and
QuickCite. Formulating search queries, selecting databases.
Assignment: WestLaw
WEEK 9
Westlaw (continued). Topic and
Key number searches. Restricting search fields. Statute and regulation
databases. Second handout. Students can sign up for an hour on WestLaw
terminal.
Assignment: WestLaw II
WEEK 10
Briefing cases. In-class
review of a case brief, and analysis of several cases
involving preemptive strikes
in jury selection. Determining whether a case is a good precedent.
Assignment: Case briefs.
WEEK 11
Introduction to basics of
legal writing and legal writing style. Class writing exercises. Before class,
read Chapters 13 & 14. Organization and format of legal memoranda. Class
will discuss malicious prosecution scenario, identify legal issues to be
addressed and formulate a research strategy.
Assignment: Research and prepare rough draft of memoranda on
malicious prosecution. Read Chapters 14 & 15.
WEEK 12
Analyzing legal issues,
structuring actual and legal conclusions. Instructor will review rough drafts
and work with students individually. Scenario for second writing assignment
involving disposition of repossessed collateral under UCC will be discussed. Assignment:
Final draft of malicious prosecution memoranda together with rough draft of
second writing assignment due next week.
WEEK 13
In-class discussion of UCC
research, application of statute, case law and unpublished opinions on
repossession scenario. Individual help on assignments. First memoranda due.
Second memoranda must be completed by next week. We will attempt to schedule at
this or next class a time to hear appellate arguments at Court of Appeals or
Supreme Court.
WEEK 14
Second memorandum due; Final
Exam.