Legal Research Assignments
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1 Legal Research Assignments 1. Convert question into a search query. 2. Read results and find the answers 3. Write the memo 4. Send it to me for comments 5. Fix it Steps What are you looking for? Issue statement Steps in Detail Step 1. Convert Question into a Search Query Issue statement must be converted to Terms and Connectors Terms: What are the key terms? Are there alternative terms? Are there other forms to that terms?! Constitu! * r*de Wildcards Connectors: How do you connect the terms? Alternative terms get OR [a space] Key terms get ESPN E & term before and after are in the same document S /s term before and after are in the same sentence P /p term before and after are in the same paragraph N /n term before and after are in the n where n = a number between Page 1 of 5
2 Step 2. Read Results and Find the Answers Use ResultsPlus and KeyCite KeyCite KeyCite For for secondary sources (but must use primary) to make sure the case is good law to find more recent cases Step 3. Write the Memo Set up Your Name Legal Research PS 102 Spring 2014 The Complete Question [word-for-word from you assignment] First Question Answer to first question Second Question Answer to second question [continue] Research Trail [Sample memos are in the Building Blocks and in Comments] MEMO TIPS TIP M (Memo): A memo is not the formal memorandum of law from Legal Writing. It is simply an essay (sentences and paragraphs). TIP O (Outline): Try using an outline TIP F (Follow): Building Block C, et seq., step-by-step having others read it. Page 2 of 5
3 TIP A (Answer): TIP C (Fix all citations) If the question is what is the definition of possession in a criminal case, this is how is would look See below B12. New York Criminal Law What is the definition of possession in a criminal case? What is the definition of possession in a criminal case? The definition of possession in a criminal case is... (cite) Tip C (Fix All Citations) STATUTES If you have a statute, follow Part 1, Section 3 and Appendix 4 to cite it properly CASES If you have a case, follow Part 1, Section 2 to cite it properly Do not use the word McKinney s Be careful when you abbreviate Be careful with Official cites: Proper case titles that is a name brand. Only a few statutes are allowed to be abbreviated Some statutes require it; some forbid it. No NYS2d or NE3d cites Proper Identifiers (2.2 [a] [1], [7]) Italics: Commas: COURT Ct of Appeals App Div App Term Trial Court Title of case in italics Comma after case title Periods: Never v. Semicolons: between cases Parentheses: Round, then square ( [ ] ) Shorten: id. at WHAT IS IN IDENTIFIER Year Dept YEAR App Term, Dept YEAR Court, Location YEAR Dept. See below Page 3 of 5
4 Shorten: id. and at RULES The first time you need everything Proper case name, cite (identifier). EXAMPLE If the cite was previously cited AND there are no cites between use id. If the cite was previously cited AND there are cites between shorten First time: (Matter of Murphy, 6 NY3d 36 [2005]) Next time: If there is no other cites between: If there is at least one cite between: id. (Matter of Murphy, 6 NY3d at 43) (Murphy, 6 NY3d 36) (Murphy, 6 NY3d at 43) (Murphy at 43) TIP T (Typos) TIP RT (Research Trail): Check carefully for errors in grammar, spelling, etc It comes at the end of the document, not the question. For example if there are three questions in A, then the research trail comes after the answer to the third question Step 4. Send it to Me for Comments Send it File name I will read it legalresearch@pipeline.com [YOUR NAME] [ASSIGNMENT].doc or.docx For example LowyB12.docx BrianB12.docx I will look to see if you have followed these instructions. If NOT I will tell you to fix it If SO I will read it and comment I will embed comments in the file and I might make some edits. Page 4 of 5
5 Step 5. Fix It. The file I send back to you will have [YOUR NAME] [ASSIGNMENT] BRIAN EDIT in the file name. This is the file you will work off of in your next edit. When you address the issues in the comments, add a comment to tell me you have done so. You can also add your own comments. When you have fixed everything, send it back to me for more comments. I need everything that was on the last file so I know what the issues are with your memo. Continue this until I tell you this is okay. Then send me the next one. Page 5 of 5
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