legal research analysis and writing 5th edition

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Legal Research, Analysis, and Writing 5th Edition

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• ISBN-10 0357619447
• ISBN-13 978-0357619445
• Edition 5th
• Publisher Cengage Learning
• Publication date January 1, 2023
• Language English
• Dimensions 8.5 x 1 x 10.5 inches
• Print length 640 pages
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• Publisher ‏ : ‎ Cengage Learning; 5th edition (January 1, 2023)
• Language ‏ : ‎ English
• Paperback ‏ : ‎ 640 pages
• ISBN-10 ‏ : ‎ 0357619447
• ISBN-13 ‏ : ‎ 978-0357619445
• Item Weight ‏ : ‎ 3.05 pounds
• Dimensions ‏ : ‎ 8.5 x 1 x 10.5 inches
• #74 in Paralegals & Paralegalism (Books)
• #561 in Law (Books)
• #13,276 in Unknown

About the author

William h. putman.

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Legal Research, Analysis, and Writing | 5th Edition

Available study tools, cengage infuse for putman/albright's legal research, analysis, and writing, 1 term instant access, about this product.

Prepare future paralegals for careers in law with Putman/Albright's popular LEGAL RESEARCH, ANALYSIS, AND WRITING, 5E. This reader-friendly, step-by-step approach introduces traditional and technology-driven research, analysis and writing. Each chapter walks students through the legal processes dealing with key facts and issue spotting, analysis and counter-analysis, research, secondary authorities and citations. Students also master strong legal writing techniques for briefs and memoranda. Updates address the rapidly growing field of digital legal research and highlight reliable commercial and public legal research sites. Each chapter begins with a hypothetical scenario and ends by applying the chapter’s concepts to the opening scenario. The latest examples, exercises, Practice Alerts and Cengage Infuse digital resources all reinforce skills to help paralegals stand out in today’s tech-driven job market – whether they’re taking your course in-person or online.

Legal Research, Analysis, and Writing, 5th Edition

William h. putman, jennifer albright.

Become the "go to" paralegal at your firm as you prepare for a career in law with Putman/Albright's popular LEGAL RESEARCH, ANALYSIS, AND WRITING, 5E. This reader-friendly, step-by-step approach shows you how to conduct reliable digital and traditional legal research, analyze the results and write clear memoranda and other legal documents that are well supported. Each chapter begins with an interesting hypothetical scenario and ends by showing you how the chapter’s concepts apply to the scenario. You walk through the legal process as chapters discuss key facts and issue spotting, analysis and counter-analysis, research, secondary sources, citations and writing strong legal briefs and memoranda. Updates show you trusted sources for digital research, while the latest examples, Practice Alerts learning features and optional Cengage Infuse digital resources help you refine skills to stand out as a legal professional in today's tech-driven, competitive job market.

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PART I: INTRODUCTION TO RESEARCH, ANALYTICAL PRINCIPLES, AND THE LEGAL PROCESS. 1. Introduction to Legal Principles and Authorities. 2. Introduction to Legal Research and Analysis. PART II: LEGAL RESEARCH. 3. Constitutions, Statutes, Administrative Law, and Court Rules—Research and Analysis. 4. Case Law—Research and Briefing. 5. Secondary Authority and Other Research Sources—Encyclopedias, Treatises, American Law Reports, Digests, Shepard's. 6. Secondary Authority—Periodicals, Restatements, Uniform Laws, Dictionaries, Legislative History, and Other Secondary Authorities. 7. Computers and Internet Legal Research. 8. Commercial Internet Research. PART III: THE SPECIFICS OF LEGAL ANALYSIS. 9. Legal Analysis—Key Facts. 10. Legal Analysis—Issue Identification (Spotting the Issue). 11. Legal Analysis—Stating the Issue. 12. Case Law Analysis—Is a Case on Point? 13. Counteranalysis. PART IV: LEGAL WRITING. 14. Fundamentals of Writing. 15. The Writing Process for Effective Legal Writing. 16. Office Legal Memorandum: Issues and Facts. 17. Office Legal Memorandum: Analysis to Conclusion. 18. External Memoranda: Court Briefs. 19. Correspondence. Appendix A: Court Opinions Referred to in the Text. Appendix B: Appellate Court Brief. Glossary. Index.

William Putman is a lawyer and former instructor in the programs for Legal Assistant Studies at Central New Mexico Community College in Albuquerque and Paralegal Studies at Santa Fe Community College. A member of the New Mexico Bar since 1975, he received his Juris Doctor degree from the University of New Mexico School of Law.

Jennifer Albright was an instructor and the director of the paralegal studies and judicial studies programs at Central New Mexico Community College in Albuquerque. She is currently an adjunct faculty member in legal assistant studies at Phoenix College and a professor of practice at the University of Arizona James E. Rogers College of Law. Professor Albright received her Juris Doctor degree from Southern Illinois University School of Law and her L.L.M. from Arizona State University. She a been a member of the New Mexico Bar since 1999.

RESEARCH UPDATES EXPLORE THE LATEST ONLINE AND ELECTRONIC RESOURCES: Revisions to chapters 3 through 8 now integrate discussions about today’s most current, popular online and electronic sources, including Lexis Advance, Nexis Uni, Shepard’s Citations®, Westlaw, KeyCite® and Bloomberg Law. Students also learn how to use non-commercial websites effectively to conduct primary and secondary legal research.

INCLUSIVE LANGUAGE AND APPROACH THROUGHOUT THIS EDITION DEMONSTRATE BOTH DIVERSITY AND RESPECT: Revised chapter hypothetical situations, examples and assignments have all been carefully reviewed and updated to ensure greater inclusivity that reflects the reality of both today’s student populations and future clients.

LEGAL HYPOTHETICALS CAPTURE READER INTEREST AND SHOWCASE THE IMPORTANCE OF CHAPTER CONCEPTS: Intriguing and direct hypothetical scenarios at the beginning of each chapter raise key legal questions and require students to leverage the chapter’s content to understand the issue’s relevance in the law and the real world. Examples at the end of the chapter demonstrate how to apply key legal concepts that students just learned to the chapter’s hypothetical opening, again reinforcing the relevance of the chapter’s content.

PRACTICE ALERTS HIGHLIGHT IMPORTANT CONCEPTS AND ETHICS AT WORK IN THE LEGAL SYSTEM: These Practice Alerts in each chapter draw students’ attention to the importance of specific concepts in today’s legal practice. This feature also highlights the significance of ethical duties when completing legal research and writing.

CLEAR READINGS HELP STUDENTS BETTER UNDERSTAND LEGAL JARGON, RESEARCH AND PRACTICES OF LAW: The authors use an approachable, easy-to-read format when discussing every topic to enable even those with limited exposure to the law to grasp legal terms, today’s court system and research and validation approaches. The authors also clearly introduce analysis of findings, writing formats and other concepts that are unique to the practice of law.

CHAPTER LEARNING FEATURES, EXAMPLES AND APPLICATIONS REINFORCE COMPREHENSION: Lists of key points within the readings keep readers focused on the important issues. Chapter-ending assignments also help students recall and apply new principles and techniques. As yet another layer of reinforcement, memorable examples appear after every important principle to help readers retain and internalize concepts.

Cengage Testing, powered by Cognero® for Putman/Albright's Legal Research, Analysis, and Writing 9780357619476 Cengage Testing, powered by Cognero® for Putman/Albright's Legal Research, Analysis, and Writing, Instant Access 9780357619483 Instructor's Companion Website for Putman/Albright's Legal Research, Analysis, and Writing 9780357619469

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Legal Research, Analysis, and Writing (5th Edition)

Yvonne Ekern , Santa Clara University Follow Joanne B. Hames , Santa Clara University Follow

Yvonne Ekern (Author)

Joanne B. Hames (Author)

Description

Legal Research, Analysis, and Writing, Fifth Edition, covers the basics of legal research, analysis, and writing, bringing together all the essential knowledge and tools students need to research and analyze a legal problem and communicate the results in diverse forms of legal memoranda. The text’s teaching and learning resources include an Instructor’s Manual, PowerPoint lecture slides, and Test Bank.

978-0133495034

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Law | Legal Education

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Ekern, Yvonne and Hames, Joanne B., "Legal Research, Analysis, and Writing (5th Edition)" (2014). Faculty Book Gallery . 122. https://scholarcommons.scu.edu/faculty_books/122

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System of Guarantees of Civil Rights: Constitutional and Branch Specifics

• Andrey A. METSGER State University of Management, Moscow, Russian Federation

Relevance. The study is relevant since the meaning and purpose of special (legal or juridical) guarantees is to establish such legal institutes that would provide legal means for the implementation of rights and duties, as well as protect the rights of citizens from violations by officials, government bodies and other citizens. Adhering to the traditional scientific classification of legal guarantees, the authors of the article distinguish between guarantees of implementing and guarantees of protecting personal security based on their functions.

Objective. The article aims at studying the system of guarantees of civil rights with due regard to their constitutional and branch specifics. Special attention is paid to general guarantees of civil rights embracing ideological, economic, social and political factors that create the best conditions and prerequisites for the realization of civil rights and freedoms at the current development of society and state.

Methods. The main research method was deduction used for studying the legal nature and specifics of the system of guarantees of civil rights with due regard to their constitutional and branch aspects. The authors of the article also used the inductive, comparative-legal and historical methods, as well as the method of systematic scientific analysis. To solve the task, it is necessary to consider the legal foundations and features of implementing guarantees of civil rights as exemplified by modern Russia.

Results. The article proves that the structure of guarantees of personal rights in the Russian Federation still has not been resolved from the theoretical viewpoint. The authors of the article claim that it is necessary to highlight such a type as organizational guarantees. While studying guarantees of personal security, scholars also need to consider that this right belongs to the system of personal rights, whose full list is determined by the Constitution of the Russian Federation. At the same time, ensuring personal rights and civil freedoms is a significant task of many state structures, including internal affairs bodies.

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Vladimir Ilyich Lenin

The development of capitalism in russia, the process of the formation of a home market for large-scale industry.

Written: 1896-1899. Source: Lenin’s Collected Works , 4th Edition, Moscow, 1964, Volume 3 , pp. 21-608 Publisher: Progress Publishers First Published: First printed in book form at the end of March 1899. Published according to the text of the second edition, 1908. Original Transcription & Markup: R. Cymbala (2000) Re-Marked up by: K. Goins (2008) Public Domain: Lenin Internet Archive (2000). You may freely copy, distribute, display and perform this work; as well as make derivative and commercial works. Please credit “Marxists Internet Archive” as your source.

Lenin’s book The Development of Capitalism in Russia was the result of tremendous research lasting more than three years. Lenin began intensive work on his book when in prison, soon after his arrest in connection with the case of the St. Petersburg “League of Struggle for the Emancipation of the Working Class,” and finished it in the village of Shushenskoye where he lived in exile. He had, however, been gathering material for his book long before he began writing it.

In his first letter from prison, dated January 2, 1896, Lenin wrote: “I have a plan that has occupied my mind considerably ever since I was arrested, increasingly so as time passes. I have long been engaged on an economic problem (that of the marketing of the products of manufacturing industry within the country), have selected some literature, drawn up a plan for its analysis and have even done some writing with a view to having my work published in book form, should its dimensions exceed those of a magazine article. I should be very unwilling to give up on the job, and am now, apparently, faced with the alternative of either writing it here or of abandoning it altogether.” (See present edition, Vol. 37)

In the same letter, in addition to giving instructions about books to be obtained according to a list he had drawn up, Lenin unfolded his plan of work:

“The list of books,” he wrote, “is divided into the two parts into which my book is divided. A–The general theoretical part. This requires fewer books, so that, in any case, I hope to write it. although it needs more preparatory work. B–The application of the theoretical principles to Russian facts. This part requires very many books. The chief difficulty will be: 1) Zemstvo publications. Part of them, by the way, I already have, but another part (small monographs) may be ordered, and a part may be obtained through statisticians I know; 2) Government publications–the papers of commissions, reports and minutes of congresses, etc. These are important, but they are more difficult to obtain. Some of them, even the majority, I think, are in the library of the Free Economic Society. (See present edition, Vol. 37)

Lenin’s sister, A. I. Ulyanova-Elizarova, relates in her reminiscences that while Vladimir Ilyich was working on his book in prison “he decided to use the St. Petersburg libraries in order to obtain material needed for the work he had planned and that he knew he would not be able to get in exile. And so in prison he made an intense study of a mass of source material, and copied out numerous extracts. I dragged heaps of books to him from the Free Economic Society library, from the Academy of Sciences and from other scientific book reposititories.”

Lenin also worked on the book while on his way to exile. In a letter dated March 15, 1897, he wrote that while on the way he had looked over some “books borrowed for a short while,” and that he intended to send them back from Krasnoyarsk. During a halt at Krasnoyarsk (en route for Shushenskoye village), Lenin made a study of books and magazines that he found in the rich private library of G. V. Yudin, a merchant, and also in the local city library.

While in exile Lenin continued to work hard on The Development of Capitalism in Russia . Since he did not possess the means to buy large numbers of books, he wrote to his relatives asking them to make arrangements to supply him from libraries in the capital. “... It would very likely be more profitable for me to spend money on postage and have many books than to spend much more money on buying a few books.” (See present edition, Vol. 37). On Lenin’s instructions, his sister, M. I. Ulyanova, copied out numerous extracts from various books in the Rumyantsev Library in Moscow. Lenin received these extracts at the end of May 1897. From the autumn of the same year, he received the material he needed regularly and set to work on the new sources, particularly on the numerous statistical abstracts. In the spring of 1898, N. K. Krupskaya, who had secured a transfer from her place of exile in Ufa to Shushenskoye, brought Lenin many books.

During his three years’ work on The Development of Capitalism in Russia , Lenin studied and made a critical analysis of everything that had been written on Russian economics. In this monograph mention is made of, and passages are quoted from, over 500 different books, abstracts, research papers, reviews and articles. The literature, however, actually studied and used by Lenin, but not included among the sources mentioned, was much more extensive . But even this list gives an idea of the colossal amount of work involved in his study of the development of Russian capitalism.

The draft of The Development of Capitalism in Russia was completed in August 1898. In a letter dated October 11, 1898, Lenin wrote: “I have finished drafting my markets, and I have begun to give them the finishing touches. The making of a fair copy will go on simultaneously, so that I have thought of sending it off in parts and of having it printed as it gets there in order to avoid delay (I expect to send off the first lot in a month’s time at the very latest); if they begin printing it in December, it might just be in time for this season.” (See present edition, Vol. 37). Much time was needed to give the manuscript the finishing touches and the job was completed at the end of January 1899.

Lenin paid careful attention to the remarks of comrades and relatives who read The Development of Capitalism in Russia while it was still in manuscript. Each chapter was copied into a separate little notebook, and, apart from Krupskaya, was read and discussed by other Social-Democrats who were in exile at that time in the Minusinsk area. “We were the ‘first readers,’ so to speak, of The Development of Capitalism in Russia ,” wrote G. M. Krzhizhanovsky in his reminiscences (he lived in exile not far from Shushenskoye village). “Whatever was sent to us, we read carefully and returned it to Lenin with our comments. He took our comments very much into consideration.”

The Development of Capitalism in Russia came off the press at the end of March, 1899, under the pseudonym of “Vladimir Ilyin.” The issue of 2,400 copies was sold out very quickly and circulated mainly among the Social-Democratic intelligentsia, the student youth, and also through the medium of propagandists in workers’ study circles.

The bourgeois press tried to pass over Lenin’s monograph in silence, and the first reviews did not appear until the autumn of 1899. One of them received a crushing retort from Lenin in his article “Uncritical Criticism,” which was printed in the magazine Nauchnoye Obozreniye (Scientific Review) for May-June 1900 (see pp. 609-32 in this volume).

A second edition of The Development of Capitalism in Russia appeared in 1908.

Since the establishment of Soviet power The Development of Capitalism in Russia has, according to data as of October 1, 1957, been published 75 times, in a total of 3,372,000 copies and in 20 of the languages of the Soviet peoples. In addition it has appeared in the English, French, German, Spanish, Chinese, Czech, Hungarian, Japanese, Turkish and other foreign languages.

Part of the preparatory work for The Development of Capitalism in Russia , which shows the volume of the research done by Lenin, and the methods he employed, has been published in the Lenin Miscellany XXXIII .

The present volume follows the second, 1908, edition, which was published after the text had been corrected and supplemented by Lenin. In addition, account has been taken of all the author’s remarks concerning the first, 1899, edition.