Homework Assignment and Test

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para2i: Assignment: Test Four Page I of3

f I f,:'mp t* Lr.l l>l TEST FOUR

Secfion i 10 points

Using case and provide the complete citation:

579 F.2d 1200

1. Name the prevailing parties in the trial court proceeding.

2. Name the trial court. Also name the appellate court.

3. What kind of case is it?

4. In your own words, provide a summary of the facts of the case

5. What are the issues on appeal?

6. Who wrote the opinion?

7. What is the docket number?

8. On what date did the court issue the decision and how did the court rule?

9. Provide the text of Headnote [6] as well as the name of the author referenced in the portion of the text which is summarized by that headnote.

10. Provide the name of the attorney or attorneys who represented the appellants.

Section Two 10 points Using WesflawNext only, KeyCite the following case:

Parker v. State of Oklahoma, 556 P.2d 1298 (Okla, Crim. App. 1976).

A) How many citing references does the case provide?

B) Has a Maryland case cited the Parker case? lf so, provide the case citation for the citing case.

Lesson Four: Test #4

your es by [ 9:00Friday

a.m.)

PLEASE DRAFT YOUR ANSWERS IN A WORD PROCESSING PROGRAM AND SAVE IT TO YOUR COMPUTER.

Submit your Answers in an Attachment.

http://www.legalstudiesonline.net/mod/assignment/view.php?id:7 1 1 8 41312014

paraZii Assignment: Test Four PageZ of3

C) Has a Connecticut case cited the Parker case? lf so, provide the citation for the citing case.

D) How many of the citing cases are no longer good law? Provide the citation to the case or cases.

E) Have any legal encyclopedias cited Parker? lf so, provide the citation to each of the articles.

Secfion Three 5 points

Your attorney has asked you to determine whether any cases in your jurisdiction have cited Headnote [6] as referenced in Question 9 of Section One above. Describe the simplest process for obtaining this information using Traditional Westlaw. Would this process be simplified or more complex using WestlawNext? Explain your answer.

Section Four 5 points

Complete Exercise 13.1 on pages 633 & 634 of Statsky

Section Five - Use Your Appellate Brief Scenario to answer this section 20 points

A) Phrase the legal issue or issues as they will be raised on appeal.

B) Locate and correctly cite at least one secondary authority which addresses the issue or issues involved. List any new search terms this resource might cause you to consider.

C) Locate, correctly cite and provide the text of the statute from your jurisdiction under which Kant stands charged and convicted.

D) Based on your current residency, name the court in which Sam Kant would have been tried and convicted. Then, locate, correctly cite and provide a summary of at least one mandatory court opinion that you can argue in Kant's appeal.

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chapter 13 An Introduction to the Use of computers in a Lalr Oflice

appointment of Chief Justice Rehnquist to the United States Supreme Court. -fhe

ist il4 appointment

r :.rld find ry document in which the term Rehnqu.ist appears within four words of the term

irtttilnn,ent, words can appear in any order when you use a w/n connector. Ifyou want the :,a::Tls to aPPea in the document in the order you rype them in the query, use the PRE/n verslon

, The query

Rehnquist appointment

r Will find a containing the sentence'Justice Rehnquin received his appoitt'ttnent during the sessi

il Will not find a nt containing the sentence "^fhe nppoinnnezr of Justice Rehn,Tttist had not been and

-lhe second sentence is disq ified because Rehnqu.ist does not appear before applinnlxerfi as

:squired by the PRE/n connector.

The numerical connector (

:onnector (/n) (+n) in Wesdaw. @REin) in LexisNexis works the same as the numerical

Phrase searchittg Recall that ph\e searching in Westlaw requires the use of quotation :rarks because Westlaw interprets a space terms to mean OR.This is not so in LexisNexis.

lb search for a phrase in LexisNexis, you si type that phrase. The query:

equal ernployment opportunity commission

n'ould find any document in which the phrase .rnwvhere in the document. The same search in

(mplllment opportunity contnt issiott appears would have to be phrased:

"equal employ'rnent opportunicy commission"

Combination Querles Most of the exarnples of que we have examined thus far have involved one of the connectors. The excepdon was the example

the AND and the BUT NOT connectors in one query kon & the Wesdaw ouerv that combined

% bank). You can use many

connectors in a query in order to narrow your search. Here is a chat contains multiple connectors:

example of a Westlaw query

bankmptcy /25 discharg! & student college education % foreign interna

In LexisNexis, this same query would be written:

bankruptcy w/25 discharg! AND srudent OR college OR education AND international

reign OR

For a document to fit either of these queries, it would have to meet all of the followi

n The document must contain the term bankntfrtn. a This term bankntptry must be found within rwenty-five words of any of the following

discb arge, disch nrged, dischargeab le, disch a.rgenbi lity. n The document must also contain one or more of the following terrns: snulnfi, college, educ'ttion. q The termsFreigt and intentational must not appear anywhere in the document.

You might use this query if you were looking for docurnents on whether domestic srudent loans can be discharged in bankruptry.

(a) Here are five separate queries. lf they were run in either Westlaw or LexisNexis, what terms In documents would they find? 1. para! 2. assign! 3. crim! 4. legis! 5. e**t*e

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field A portion of a document in Westlaw that can be separately searched.

segment A portion of a document in LexisNexis that can be seoa- rately searched.

citator A book, CD-R0M, or online service containing lists of citations that can (1 ) hetp you assess the current validity of an opinion, statute, or other item and (2) give you leads to other relevant materials.

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Part ll The Skills of a Paralegal

(b) You are looklng for cases in which a parale5lal is charQed with unauthorized practice of law. 1. Write a query for Westlaw. 2. Write a query for LexisNexis.

(c) You are looking for cases in which a law firnr illegally furled to pay overtime compensation to lts paralegals. 1. Wrtte a query for Westlaw. 2. Wrlte a query for LexisNexis.

(d) You would llke to know what your state courts have said about paralegals. l. Wrlte a query n)r Westlaw. 2. Wrlte a query br LexisNexis.

(e) Here is a query to be entered in Westlaw:

cigarl tobacco smok! /p producl strlcu /5 liab!

Explaln this query State what the symbols and spaces mean. state what the query is destgned to flnd.

AND SEGMENT SEARC[JINC \4rhen searching for documenrs such as court opinions in wesrlaw and LexisNexis, you T{{.*^r:1,

to find your search rerms anyrvher,e in documents. As we saw earlier, such ,.rr.h.,

ti ("General

This query would ask list of every opinion

are calle$l-text searches'Y,et it is also possible to limit your search to part of each documenr. Westlaw c\ these parts fields; LexisNexis calls them segments. For example, one of the fields tn lhe court

\nion databases of Westlaw is title (ti), which covers the names of the parties. As- ::T"

,lt:{": \":* to obtain the name of evenT opinion in which General Motors was a parry.Instead of dojng \ll+ext search of the entire opinion in Westlaw, you could ,.st i.t you. ,..r.'hto the trtle of every\inion. The field query would be:

plaintiff or defendant). The would be:

in which General Motors was a parry (e.g., a LexisNexis is called nam,e.Thesegment querysegment lin

Here is a when the

Westlaw

name (General Motors)

summary of the major fie searches in Westlaw and segrnent searches in LexisNexis documents you are searching court opinions:

the case.

titk (t:): The names of the parties in the Example: ti(Miranda) attlr'ne! (at): The names of the attorneys Example: at("Clarence Darrow") synlptit (sy): The short summary of the entire Exampler sy("double jeopardy") autbor (au): Opinions wrinen (aurhored) by a particula Example: au(scalia)

LexisNexis

name:The name of the parties in the opinion. Example: name(Miranda) cozmvl:The names of the attorneys litigating rhe case. Example: counsel(Clarence Darrow)

ryllabus: The short summary of the entire opinion. Example: syllabus(double jeopardy)

wrinenby: Opinions wrirren (authored) by a particular judge. Example: writtenby(scalia)

CITATORS IN WESTI-AW AND TEXISNEXIS A citator helps you assess rhe curr€nt validiry ofa law (e.g., opinion, stafute) and !.,:

you leads to other relevant materials. The onlirLe citator in Westlaw is called KeyCit: _'-,..,