vampiricprose: (school snoopy)

Civil Litigation Notes / Assignment Repository:


 

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vampiricprose: (school snoopy)

To think like a lawyer, you have to practice shifting your mind into the ways a lawyer thinks and reads law.

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vampiricprose: (school snoopy)

Activity Prompt:

 

legal research :) )

 


vampiricprose: (school snoopy)
To introduce a bill doesn't mean that it is a law
vampiricprose: (school snoopy)

Introduction

  • Legal research is nonlinear
  • To be ale to do legal research, you need to be able to read and interpret:
    • Cases, statues, legal jargon, court systems and their hierarchies

Legal Research Structure:

  1. Plan
  2. Log
  3. Product

1. Plan

  • Identify key issues, main facts, jurisdiction, potential search terms, and legal terminology

2. Log

  • Keep records and notes of your legal research
    • “I tried…” or “I keep seeing x case…”
    • Keep your log detailed in regards to your search queries, thought processes, results, and failures.
  • Record all findings while noting new questions

3. Product

Legal memos are informative and objective, while briefs are arguing a case

Legal memo breakdown:

  1. Question presented: Clear statement of legal issues
  2. Brief answer: Concise summary of case and legal issues
  3. Facts of the case
  4. Legal analysis: How laws, cases, and legal rules apply
  5. Conclusion: Final answers and recommendations on next steps

vampiricprose: (school snoopy)
My ultimate goal on my schooling career is to become a lawyer. Currently, I am in my last semester of my associate of art's degree at a state school, and I'm taking a legal research class as an elective to see if I want to stay at this state school for another year to get an associate of science degree in paralegal studies.

I know that you don't need a Paralegal studies degree to become a paralegal, but this state college helps you find a job in the field if it's a specialized degree, and I know that ultimately I want to go to law school. I also want to get more bang for my buck.

As a side tangent in case anybody besides myself is reading this, I have a tuition waiver that is valid until I'm 26 years old. To make a long story short, under FL Statue Section 1009.25(1)(c) the State of Florida provides a tuition and fee exemption at public postsecondary institutions for eligible former foster youth who were in the custody of the Department of Children and Families (DCF) or placed in certain guardianship arrangements.

Currently I am 19 years old, and when I start the Paralegal Studies AS degree, I'll be 1 month away from being 20 years old. Because I'll have already completed an AA, this degree program will only take me a year. Then I want to transfer to UCF and get a bachelor's in Political Science and a minor in Florida studies. I'll be between 21-23 years old when I finish this, and finally, FINALLY I'll start taking the LSAT and applying for law schools.

Sometimes I get doubts and fears about this track I've chosen for myself (because sometimes I dread my legal research class) but once I get in the groove, I have SOOOO much fun!!!!

I'm so excited to keep on this journey :)
vampiricprose: (school snoopy)
To shepardize a case means to make sure the law is up to date and current
vampiricprose: (school snoopy)

Hierarchy of Authorities:

Sources:

  • Primary: Thee law
  • Secondary: blogs from attorneys, treatises, essentially anything that helps explain the law that isn’t the law itself

The Hierarchy of Authority:

  • Level one (most power): The United States Constitution
    • Has mandatory or binding authority over the levels below (or courts have to follow what they say)
    • Creates the Federal government
  • Level two: Federal law
    • This is because of the supremacy clause in the United States Constitution
    • Has mandatory authority over the levels below
  • Level three: The Supreme Court
    • Interprets United States Constitution and Federal law
    • Highest court in the United States
    • Has mandatory authority over the levels below
  • Level four: Court of appeals = circuit
    • Has persuasive authority over courts outside of it's jurisdiction (or a legal source that a court can use to support a decision, but is not required to follow)
  • Level five (least power): Trial court = district
    • Has persuasive authority (or a legal source that a court can use to support a decision, but is not required to follow)

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