Project #33227 - 8 questions lowest bid get

first step is done......

step two i need in word doc... step 2 goes with step one......

 

 

First Step:

  • List the two questions you posted (from the Unit 4 Forum) and the answers I posted to those questions.

 

  1. When doing legal research for a client the answer to a particular problem needs to be found in a legal authority, or an existing law that is still in good standing and is known as “shepardizing”. I was wondering if the secondary authority would serve just as well as the primary authority since it is listed in the legal encyclopedias and law journals pertaining to existing laws.



   2. When conducting legal research utilizing primary authority could there be an instance when the researcher encounters a law that is not longer in good standing because it has been overturned or would all primary authority statutes be current?




  • Choose any two questions a classmate posted (from the Unit 4 Forum) and the answers I posted to those questions.

 

Melissa p Q1

My first question finds me wondering why, in the new age of advanced technology and cyberspace, why a legal researcher would choose to pour through pages and pages of legal journals, encyclopedias, legal periodicals, newspapers and the like when they can type a couple of key words in and get everything they need to go forth in their research?  I read the section on Computer-Assisted Research and there seem to be many free law sites to gain research information.  I can understand making it mandatory for a law student not to be able to use the internet at first for assignments so they can get a feel for and get comfortable with the law library and locating resources.  But why would a researcher not take full advantage of the internet?

 

Prof's Response:

I will respond to the general question concerning the growth of electronic or computer assisted research.  However, to respond to why certain researchers may elect to use hard copies versus the Internet would be speculative. I can only guess as to why and that would not be meaningful to our course purpose.

Online sources of research have grown in popularity over the last decade, possible because of the ease in access and in updating the information.  Formerly, to update information, researchers would have to rely on "pocket parts" with updates provided every six months.

The major commercial databases such as Lexis, Westlaw and LoisLaw have the ability to store unlimited information and rapidly update information by the minute.  In fact they stake their commercial success on these guarantees.  Comparatively, law libraries are limited in physical space, however, the library may also have access to the resources of the commercial databases through paid subscription, and provide immediate access to information from your local jurisdiction and around the world.  

Again, because these systems operate through paid subscriptions, the content is generally more current and reliable than both hard copy books and journals and general internet options.  Most major law firms rely on one or more of these services.  Books require additional physical action of being pulled from the shelves and examined separately.  Computer assisted research allows the researcher to enter special terms which will generate results for the researcher's review.

Outside of these paid research services, the most important determination is to know whether you can trust the source. This is true whether the information is hard-bound or online.  

In this class I have warned you to avoid sources such as Wikipedia. Wikipedia is an open source encyclopedia with information posted by the public. Be sure to read the "About Us" page to determine whether the information provided gives you enough reason to trust the source.

Websites with ending in ".Edu" - are restricted to schools, ".Gov" restricted to government entities, ".org" - typically restricted to non-profit organizations but may also be used by entities that may be less trustworthy than the others listed here.

As posted on this discussion board previously, there are a number of free websites that aggregate legal research as well, but the quality, reliability and product variety may be limited to the resources available to the provider.

 

melissa p q2

My second question involves deciding when to stop gathering research.  I read the section that states to stop when you keep finding the same references in different resources (p. 279, Currier and Eimermann, 2012), however I also read the entry about making sure that your research information is the most recent and up-to-date for that particular law or case because of the nightmare that can ensue if a court case goes to appeals, my research is submitted to the court, and the case is reversed because my information wasn't the most valid, in fact invalidating my research altogether.

 

Prof's Response:

As previously indicated, there is no specific formula, time, or number of cases that define thorough research per se, or determines when a case is ready to move forward to litigation.  

What is important to note is that the outcome of a legal matter is dependent in part on the quality and reliability of the research conducted, and its relevance to the issues to be proved or disproved. It is important to conduct thorough research regardless of the constraints of time.

Failure to conduct sufficient research could have adverse impact on the client and negative professional consequences for the researcher. For example, without the appropriate research, one may rely on laws that are no longer valid, or cases that have been overturned, reversed or distinguished.

Legal research can be exponential. One source leads to another and then another and so forth and so on. Eventually however, you get to a point where you consistently encounter the same information regardless of source. This trend suggests that you may have located all relevant information on that particular issue.

The last of the 5 steps to legal research on Page 251 tells us to "decide when to stop researching".  The confidence to make that decision comes with practice.  You may also have a limited deadline which forces you to stop.  The attorney relying on your work will review the information to ensure that it is relevant to the case at issue.  If there are matters to be updated or corrected, the attorney should return the work with guidance and instructions regarding the new information required.

Regarding available resources, you should utilize all the resources you have available at your disposal.  This is an important point because an attorney may face malpractice if he or she does not use the most reliable methods for research available to that attorney.  For example, an attorney who has online research capabilities such as Westlaw or Lexis and fails to use them to verify the information provided to clients.




Second Step:

Submit your Answers to the link below in a Word Document, in the following MANDATORY format:

I.

1.)When doing legal research for a client the answer to a particular problem needs to be found in a legal authority, or an existing law that is still in good standing and is known as “shepardizing”. I was wondering if the secondary authority would serve just as well as the primary authority since it is listed in the legal encyclopedias and law journals pertaining to existing laws.

My Answer:

  • what you learned:

  • how it helped you understand the basic principles of legal research:

     

2. When conducting legal research utilizing primary authority could there be an instance when the researcher encounters a law that is not longer in good standing because it has been overturned or would all primary authority statutes be current?

My Answer:

  • what you learned:

  • how it helped you understand the basic principles of legal research: (cannot be the same as  I. 1. a) above)

II.

 

1.Melissa p Q1

why, in the new age of advanced technology and cyberspace, why a legal researcher would choose to pour through pages and pages of legal journals, encyclopedias, legal periodicals, newspapers and the like when they can type a couple of key words in and get everything they need to go forth in their research?  I read the section on Computer-Assisted Research and there seem to be many free law sites to gain research information.  I can understand making it mandatory for a law student not to be able to use the internet at first for assignments so they can get a feel for and get comfortable with the law library and locating resources.  But why would a researcher not take full advantage of the internet?

My Answer:

  • what you learned:

  • how it helped you learn the basic principles of legal research:

     

2. melissa p q2

involves deciding when to stop gathering research.  I read the section that states to stop when you keep finding the same references in different resources (p. 279, Currier and Eimermann, 2012), however I also read the entry about making sure that your research information is the most recent and up-to-date for that particular law or case because of the nightmare that can ensue if a court case goes to appeals, my research is submitted to the court, and the case is reversed because my information wasn't the most valid, in fact invalidating my research altogether.

My Answer:

  • what you learned:

  • how it helped you learn the basic principles of legal research: (cannot be the same as II. 1. a) above)

 

Subject Law
Due By (Pacific Time) 06/19/2014 12:00 am
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