BA/CJ/PLS 395: Legal Research 

M/W/F 1:00pm - 1:50pm at O'Grady Library, Library Technology Room, Main Floor

INSTRUCTOR:  Shawn Timothy Newman, J.D.

Phone: (360) 866-2322

E-mail:   snewman@stmartin.edu

Web site:  http://homepages.stmartin.edu/fac_staff/snewman

OFFICE HOURS BY APPOINTMENT:  Adjunct Faculty Office Room 480, Old Main.  By appointment only 2-4 MWF

REQUIRED TEXT:  Legal Research - How to Find and Understand the Law, Nolo Press (13th Ed. July, 2005).

OPTIONAL MATERIALS:   Students will be expected to have active campus e-mail accounts to receive articles of interest. 

COURSE DESCRIPTION:   This course is designed to help you find and understand the law.  You will be given an overview of the law and resources (including Constitutions, statutes, regulations and case law).  You will learn about case law, how to find it and how to use cases to expand your research.  In addition to navigating the law library, you will learn where and how to answers on the internet for some of common questions.  You will learn how to write a legal memorandum and develop your research skills.

OBJECTIVES:  

At course completion, you should:

Understand what the law is and how it develops.  This includes a general understanding of how constitutions, statutes, regulations, and ordinances interface with each other and court decisions.

Understand legal terms and how to categorize problems into legal categories.

Understand what some of the legal resources available, including legal encyclopedias, form books, practice manuals, law reviews and other specialized materials. 

Understand how to find court cases and expand your search to other resources, including on-line resources. 

TEACHING STRATEGY: 

The class sessions will be a combination of lectures, internet exercises, homework problems, case analysis and discussion. Course content will  come primarily from the assigned textbook.  Internet content will be incorporated where appropriate.  Instructor developed problems, handouts and tutorials will also be used.  Students are responsible for reviewing the class schedule and completing assigned readings, homework problems, tasks, and case analyses.

There will be frequent quizzes and at least two exams.  Students are expected to read the materials before class and come to class with questions on the material. 

PROBLEM BASED ASSIGNMENTS:  Teaching is merely a means to the end - learning.  I view my role as a "senior partner" who guides students by linking course concepts to the student's personal experience or previously existing knowledge, whatever that may or may not be.  This is why I require students to fill out a class survey to ascertain who you are and what you want out of the course.  Among the problem based assignments I hope to use include: Question of the Day; "What If" role playing (aka "The Situation"); conceptual workshops; concept mapping (using the "inspiration" program available on line at SMU library).  See PROBLEM BASED ASSIGNMENTS FOR BA/CJS/PLS 395.

BENEDICTINE VALUES:  I try to weave into any course Benedictine values based on the "Rule of Benedict" (RB) which acknowledges the primacy of God and reverence of all persons and all creation, seeking the "common good" and individual respect.  [See, e.g. www.osb.org/acad/benval1.html].  Although nearly 2000 years old, the RB remains relevant today.

BRIEF COURSE OUTLINE - (SUBJECT TO ADJUSTMENTS AS CLASS PROCEEDS)

Week 1:
Introduction, Overview of Legal Research and the Law [Ch. 1-3]

Weeks 2:
Putting Your Questions into Legal Categories [Ch. 4]

Weeks 3:
Getting Some Background Information [Ch. 5]

Week 4-5:
Constitutions, Statutes, Regulations and Ordinances [Ch. 6]

Weeks 6-7:
Understanding Case Law and How Cases are Published [Ch. 7-8]

Week 8-9:
Finding Cases; Shepard's, Digests [Ch. 9-10]

Week 10:
Legal Research Online [Ch. 13]

Week 11-12:
The Legal Research Method [Ch. 12]

Week 13-14:
How to Write a Legal Memorandum [Ch. 11]

Week 15-16:
Review and Final

GRADING:

Grade category and points:

Grade Scale:

Points         Grade
90 - 100         A
80 - 89          B
70 - 79          C
60 - 69          D
0   - 59         F

REQUIREMENTS:

Exams, Quizzes & Research Projects:  Exams will typically be take-home but there will be frequent pop quizzes, especially if the class participation is lacking.  So read the material and be prepared.  There will be several research projects testing your research skills.  Some can be done via internet resources but some will require use of a law library (such as the State Law Library at the Temple of Justice in Olympia).  You will be asked to prepare legal research memoranda.

Court Observation:  As part of participation, students will be required to observe a court hearing (e.g. small claims on up to state supreme court) and write a brief report on the hearing.

Attendance/participation:  It is expected that you will attend classes.  I take attendance each class.  Historically, students that have received low grades in this class have had attendance problems.  There will be material presented in class and distributed via e-mail that is not included in the text, as well as occasional demonstrations that will facilitate progress on your assignments.  You are responsible for obtaining copies of notes and handouts from other students for any class that you must miss.  I value class participation. I like seeing you. Your presence and participation during each and every class period contributes to everyone's overall learning. Persistent absence, tardiness or chatting in class will harm your grade.  I will attempt to form on-line discussion groups/blogs for each class. The first thing you need to do to demonstrate that you are serious about the course is to complete the Class Survey. This will be counted as part of your grade for participation.

Keeping in touch with me:

First, ask questions in class (it helps you and may help others).  Alternatively, make an appointment to see me after class (MWF 2-4). Call me (360 866-2322).  Or, send me an email (snewman@stmartin.edu).  I will be developing discussion groups/blogs as well.

Legal Research Assistance:  The O'Grady Library offers individualized research assistance. You can schedule an appointment with a librarian by Web form http://www.stmartin.edu/library/contacts/requestConsultation.htm email (reference@stmartin.edu), phone (360.486.8803), or visiting the reference desk.

Special assistance:

The Learning Center offers individual learning consultations, study group assistance, handouts and books on study skills, and free peer tutoring in the following subject areas: math, chemistry, physics, economics, accounting, Spanish, French, and Japanese.  The tutoring schedules are posted outside the door in Old Main, room 212. To learn more about resources available through the Learning Center you are encouraged to drop by room 208 or visit their website:  www.stmartin.edu/academics/learning_center/index.htm.

Special needs:  If you need course adaptations or accommodations because of a disability, if you have medical and/or safety concerns to share with me, or if you need special arrangements in case the building must be evacuated, please make an appointment with me as soon as possible.