Law and Attorney Guides

29Oct/0915

Legal Research Analysis And Writing ? – Secrets Revealed !

Comments (15) Trackbacks (0)
  1. State courts are courts of general jurisdiction, and can hear most federal claims in addition to all state claims. There are, however, a few federal claims that can only be heard in the federal courts.

    The jurisdiction of federal courts is limited, but speaking generally, a state law claim that is related to a federal law cause for action may be joined in federal court regardless of whether the parties have diverse citizenship.

    The issue of subject matter jurisdiction is far more complex than what I describe above, but it is likely that you have a choice of a federal or state law forum. Which forum to choose will depend upon a vast array of factors including judge and juror demographics.

  2. Dude!
    You know it depends on your jurisdiction, which you didn't share. Westlaw and quicklaw are the online resources, but they'll be expensive as hell if they're your starting point. You'll rack up charges in the thousands of dollars every day.
    http://www.lexisnexis.com/ca/legal/auth/checkbrowser.do?t=1163691153818
    http://ecarswell.westlaw.com/signon/default.wl?bhcp=1&fn=_top&newdoor=true&rs=WLCA8.04&vr=2.0

    Most Commonwealth countries have a Lii site (see http://www.canlii.org/) These are free… I've seen them for Britain, Australia and New Zealand, and I assume US jurisdictions have them but I've never seen one.
    Otherwise you've got the government websites which should provide complete and up to date (if not technically "official" statute).

  3. Here:

    http://www.lexisone.com/caselaw/freecaselaw?action=FCLDisplayCaseSearchForm

    http://www.sconet.state.oh.us/publications/lib_series/Brochure_1.pdf

    http://www.sconet.state.oh.us/

    for starters

  4. It is legal in all states… the controversy is over government funding of stem cell research.

  5. Get the following books:

    The Bluebook (legal citation)
    Strunk on writing (guide to simplifying prose in writing)
    NALA Paralegal Guide will give you general background information.

  6. Huge leap in efficiency.

    Research that used to take hours or days to do using books and indexes can now be done in minutes from any computer terminal. And with rapid updating, you can have new cases that came out days or weeks ago, rather than waiting months for pocket-parts.

    Electronic filing saves time and gas. And electronic copies allow for broader distribution and more permanent records without wasting paper.

    Those are just a few of the many benefits. The only downside is that, like all forms of automation, it cuts down on human interaction. Rather than hanging out in the law library and at least seeing other people, we now sit behind computer screens.

    But, for the benefits gained, our lack of social interaction in other contexts is no excuse.

  7. California requirements re: Paralegals can be found here:
    http://calbar.ca.gov/state/calbar/calbar_generic.jsp?sImagePath=Related_Statutes.gif&sCategoryPath=/Home/Attorney%20Resources/Rules%20%26%20Regulations/Related%20Statutes&sHeading=Business%20%26%20Professions%20Code&sCatHtmlPath=calbar_rs_rules.jsp&sRule=56948

    Under Business & Professions Code:

    §6450. Paralegals-Definition; Scope and Limitations of Lawful Activities; Qualifications; Certification

    Your requirements may be different (to be a paralegal) in the state in which you are working/seeking employment.

    As far as books, I don't think any book will teach you legal research. That is something you can learn in a class (usually held at a law library) or if you want to learn specific programs (Westlaw or Lexis), they will teach you.

    As far as writing, again, that is something you learn in class. But good samples/forms can be found in Matthew Bender's Pleading & Practice books.

  8. http://www.lexisnexis.com/our-solutions/us-solutions/
    http://www.seewestlaw.com/

    But I think you are going to be shocked at the cost. Those services are really not set up to be used by individuals.

  9. The reason authority is carefully cited in legal documents is so the authority can be relied upon for the principle stated. Anybody can go look at the source to make sure it is accurate and in context. The next step is to check to see if the principle is still the law.

    You validate your reseach by checking your cited the authority (i.e. case, statute, etc.) for subsequent treatment. You don't want your legal position to be based on a case or statute or rule and anything else that changed was by some later action. Sometimes, as you probably know, a legal principle in a case will be overruled and/or changed by a decision by another court.

    Someone will very likely know if your authority is no longer valid if you are using for anything even remotely important to anybody else. It take 2 seconds to check case history using Westlaw or similar legal research databases. In can also be done the old fashion way through reference books in a minute or two.

    It's every lawyer's dream to crush an opponent because some overturned decision or repealed statute is cited for a critical issue in dispute. Not only do you win the issue (assuming you have the correct authority in your favor), but you get to humiliate the other attorney and destroy his or her credibility for some time to come.

  10. Academic freedom gives the schools and students on what to do with their educational system. Thus, they have the choice whether to provide research to students as a service of a business.

  11. http://www.findlaw.com

  12. You may have to pay to get access to Lexus or go to the nearest Law Library and use it there. That will also give you access to the librarian, who can share with you the best sources for the specific cases you want to deal with (for example, Georgia cases might only be in Georgia while New York cases might be more wide spread.)

  13. the issue is that of abortion and whether it is moral to do that because that's how you get embryonic stem cells the only other type of stem cell is that from the blood of the umbilical chord we are all born with stem cells but they eventually change into a specific type that why research is being done with them, they can reproduce and adapt healthy cells of almost any type

  14. Personally I feel yes and no if that makes sense. Yes because realistically it is something that's completely unavoidable. No because I enjoy researching so much that the outcome and its rewards take over. Sorry if that sounded all cookie cutter but its true!


Leave a comment


No trackbacks yet.