LEGAL RESEARCH I

Law A598/LIS 591A, Fall Quarter 2000

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Syllabus & Reading Schedule

Lecturer Mary A. Hotchkiss Condon Hall, Room TBA Tuesday/Thursday 9:30-10:50 am

Office Hours: Tuesdays 2:30-4:30 and Wednesdays 9-10 am; or by appointment (UW) 616-9333 / e-mail hotchma@u.washington.edu

REQUIRED TEXT: Berring & Edinger, Finding the Law, 11th edition (West, 1999) (Berring)
Recommended text: The Bluebook: A Uniform System of Citation, 16th ed. (1996)


COURSE OBJECTIVES:

Legal Research I and Legal Research II are designed as sequential classes, taught each fall and winter. These classes are cross-listed with the School of Library and Information Science. The fall course does not require prior legal research experience. This sequence gives students an opportunity to further develop their research skills by extensive assignments and an intensive examination of legal research tools and techniques. In the fall, students examine legal materials in depth, focusing on state law materials. Finding assignments and research projects focus on case law, statutes, finding tools and computer assisted legal research (CALR) systems. In the winter, students build on the knowledge gained in the fall, and focus primarily on federal materials, in print and online; topics include federal legislative materials, looseleaf services, and specialized research tools. The fall course is normally a prerequisite but can be waived with instructor's permission. Both are graded courses, with multiple assignments but no examinations.

Mastering any research process takes time and practice. With luck (and hard work), by the end of the quarter, you will be a more confident, competent, cost-effective legal researcher!

COURSE STRUCTURE AND GRADING

This course uses a combination of lectures, library labs, online training sessions, and hands-on exercises to alert each of you to the variety of tools and techniques used in legal research. Students will be expected to be fully prepared for each class meeting. At a minimum that means reading the assigned materials and completing class assignments on time. There will be a total of seven written assignments due throughout the quarter. The exercises will typically take under 3 hours to complete. The research projects will involve memos of 3-5 pages plus a research log. The research projects will typically require at least 8 hours each.

Please read the syllabus carefully for both the distribution dates and due dates of assignments! If you must miss class, it is your responsibility to arrange to turn in materials on time and/or pick up class handouts. Unless otherwise noted, all assignments are due at the beginning of the class hour (i.e. 9:30 am) on the date due. All late papers, except those excused based on illness, will be penalized. *

Students are expected to attend at least 80% of scheduled classes. In-class participation is crucial for understanding the tools and strategies of legal research. Questions and discussion are encouraged and expected. Class attendance and participation will account for 10% of the final course grade.

Your final course grade will be based on the following criteria:
5 Exercises @ 10 points each 50 points
2 Research projects @ 20 points each 40 points
Class attendance up to 5 possible points (approx. 1/4 point per class)
Class participation up to 5 possible points
Total possible points = 100

* For each assignment not turned in by the time due, you will be penalized 1 full point per day.

Grading Note for Law School Students: Students who began the J.D. program before Autumn 1998 will be evaluated using the grading system of distinguished, honors, pass, low pass, and no credit. All other J.D. students will be evaluated using the grading system of A, A-, B+, B, C, D, and F. "Honors" grades will not necessarily be capped at the top 35 percent. This qualifies as a skills course. Students who turn in assignments on time, demonstrate superior academic effort, and actively participate in learning will be rewarded. Please note: I have in the past given low pass (D or F) grades.

Grading Note for SLIS and/or LL.M. Students: You will receive a decile grade for this class, with 4.0 being the highest grade and 2.7 being the lowest grade for which academic credit is given. "Honors" grades (3.7 to 4.0) are not limited. Students who turn in assignments on time, demonstrate superior academic effort, and actively participate in learning will be rewarded. Please note: I have in the past given grades below 2.8.

Disability-related needs: To request academic accommodations due to a disability, please contact Disabled Students Services, 448 Schmitz, (206) 543-8924 (V/TTY). If you have a letter from Disabled Student Services, please present the letter to me so we can discuss the accommodations you might need in this class.

ACADEMIC CONDUCT

While working on your assignments, you may often have to share materials with other students. Please be considerate. Ideally, you should reshelve most materials after use. At the very least, please do not remove materials from their original area. If materials are missing, (a) look around the copy machines, (b) check the reshelving areas on the upper floors, (c) contact me and I will try to suggest alternative resources.

You will be permitted to work collaboratively on most of the assignments. However, each assignment submitted must be your own original work, drafted and written or typed by you.

The Honor Code of the School of Law, adopted in 1981, governs student conduct. Please read carefully:

Section 2-201: A student may not incorporate into work the student offers for credit passages taken either word for word or in substance from work of another person unless the student credits the original author and identifies the original author's work with quotation marks and footnotes or with an appropriate written explanation.

Section 2-202: A student may not offer for credit as the student's work any work prepared by another person.

The Student Conduct Code of the University of Washington, adopted in 1972, also sets high standards of academic and professional honesty and integrity.

Legal research and writing relies heavily on careful documentation of controlling and persuasive authority. Deliberate failure to provide proper attribution constitutes plagiarism and warrants disciplinary action.

OFFICE HOURS

Fall office hours are Tuesdays, 2:30-4:30 pm ,Wednesdays, 9-10 am, and by appointment.

MISCELLANEOUS

Research and writing courses are challenging. At times during the quarter it will seem as if there is more work than can be humanly done in a 24-hour day. This is true for even the most organized among us! If you are feeling overwhelmed, please schedule an appointment with me. As we go over the class assignments, we'll talk about developing efficient research habits, including ways to divide projects into smaller, conquerable tasks. Remember that we're in this learning process together!

FALL 2000 SCHEDULE OF TOPICS, READINGS, AND ASSIGNMENTS

Tues. 9/26

OVERVIEW; LEGAL SYSTEMS AND LEGAL MATERIALS

Introduction to Course; Review of Syllabus; Overview of the Legal System & Legal Materials

Reading for 9/28: Berring, pp. 1-17 and skim pp. 18-54
Also for Thursday's class, bring in a news clipping or handwritten summary of a case


Thur. 9/28

LEGAL LANGUAGE & PROFILE OF A CASE

- Session is optional for Law Students
Legal Terminology; Court Hierachy; Stare Decisis and Precedent; Components of a Decision
Reading for 10/3: None (handout will be distributed in class)


Tues. 10/3

LEGAL CITATION FORM; LEGAL ABBREVIATIONS

Bluebook Basics; Other Citation Manuals and Deciphering Tools
Reading for 10/5: Berring, pp. 296-311
Hand out Exercise A (due Thur. 10/5)


Thur. 10/5

SECONDARY LEGAL MATERIALS

-- Guest Lecturer
Role of Secondary Legal Materials; Encyclopedias; Periodicals; American Law Reports

Reading for 10/10: continue with Berring, pp. 296-311
Hand out Exercise B (due Tues.10/10)


Tues. 10/10

SECONDARY LEGAL MATERIALS

Treatises; Restatements; Other Secondary Sources; Print and Online considerations

Reading for 10/12:Supplement #1 from
The Washington Legal Researcher's Deskbook, 2d ed. (to be distributed in class on 10/10)


Thur. 10/12

STATE STATUTES: LOCATE, READ AND UPDATE

Session Laws; Codes; Annotated Codes; Electronic Versions: City and County Codes
Reading for 10/17: Berring, pp. 54-61 and pp. 91-127
Hand out Exercise C (due Thur.10/17)


Tues. 10/17

CASE LAW: LOCATE, READ AND UPDATE

Official Reports; Unofficial Reports; Electronic Versions; Unpublished Versions
Reading for 10/19: Berring, pp. 63-89


Thur. 10/19

CITATORS: FINDING AND UPDATING TOOLS

Updating and Expanding Research Through Shepard's and KeyCite
Hand out Research Project #1 (due Thur. 10/31)


Tues. 10/24

WASHINGTON ADMINISTRATIVE MATERIALS IN BRIEF

Regulations (Register and WAC); Administrative Agency Functions and Decisions
[Distribute Supplement #2 in class; pp. 133-139 from The Washington Legal Researcher's Deskbook, 2d ed]
Reading for 10/26: T.B.A.


Thur. 10/26

INTRODUCTION TO COMPUTER ASSISTED LEGAL RESEARCH (CALR)

Advantages and Pitfalls on Online Research;
Basics of Boolean Searching;
Basics of Natural Language Searching; Query Formulation


Tues. 10/31

WESTLAW TRAINING (Section 1): Computer Lab
ONLINE CASE VERIFICATION TOOLS (Section 2): Classroom

In-class overview of online verification tools: KeyCite and WestCheck (WESTLAW); Shepard's and CheckCite (LEXIS).
Hand out Exercise D (due Tues.11/7)


Thur. 11/2

WESTLAW TRAINING (Section 2): Computer Lab
ONLINE CASE VERIFICATION TOOLS (Section 1): Classroom

In-class overview of online verification tools: KeyCite and WestCheck (WESTLAW); Shepard's and CheckCite (LEXIS).


Tues. 11/7

DISCUSS RESEARCH PROJECT #1; COST OF CALR

Return and Discuss First Project. Discuss costs of non-print resources.
Reading for 11/9: Handout on Low-Cost Alternatives to be distributed in class


Thur. 11/9

BEYOND LEXIS AND WESTLAW: FREE OR LOST COST ALTERNATIVES


Low cost and public access alternatives to LEXIS and WESTLAW; SCOMIS, CD-LAW, Internet Subscription Services; Judging quality and accuracy of information on the Internet.

Reading for 11/16: Supplement to be distributed in class
Hand out Research Project #2, due Thurs. 11/30


Tues. 11/14

WASHINGTON PRACTICE MATERIALS

Basic survival tools: Washington Practice; WLPM; Deskbooks; CLE materials


Thur. 11/16

NO CLASS - WORK ON RESEARCH PROJECT



Tues. 11/21

WASHINGTON LITIGATION AIDS

Court Rules; Pattern Forms; Model Jury Instructions; Jury Verdicts & Arbitration Awards

Reading for 11/28: T.B.A.
Individual Conferences on Research Project #2.


Thur. 11/23 NO CLASS -- HAPPY THANKSGIVING!



Tues. 11/28

LEGAL REFERENCE & THE UNAUTHORIZED PRACTICE OF LAW

Increased Access to Legal Information, through the Internet and self-help books; Model Code of Professional Responsibility; Increase in Nonlawyer Practitioners; Reference Assistance versus Legal Advice.

Hand out Exercise E. (Due Tues. 12/5)


Thur. 11/30

CLASS EVALUATION

INTEGRATION OF MANUAL AND COMPUTER RESEARCH TOOLS


Comments on Efficient and Cost-Effective Research Design

Research Project #2 due by 5:00 pm Thursday 11/30!



Tues. 12/5

HOW TO RESEARCH LESS AND FIND MORE

Tips and techniques for keeping research skills up to date

Due date for Final Exercise (E) and any makeup projects


Feedback is essential in a legal research class. All papers will be returned promptly after receipt. It is the student's responsibility to notify the instructor promptly if an assignment will not be submitted when due.

Note:

The University of Washington is committed to providing access, equal opportunity and reasonable accommodation in its services, programs, activities, education and employment for individuals with disabilities. For information or to request disability accommodation contact:

Disabled Student Services at (206) 543-8924/V, (206) 543-8925/TTY, (206) 616-8379 (FAX), or e-mail at uwdss@u.washington.edu

 

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