Not every case subject to review by a court is a case involving constitutional law. Why? How can a court determine when a case involves constitutional law? How can a legal researcher make that determination? Provide an example of the type of case that may involve a constitutional law issue.
JUS 635 TOPIC 1 DISCUSSION 2
What are the relationships between different sources of law? How do we make a determination of when different sources of law may “supersede” one another? How can a legal researcher make such determinations? Which jurisdiction will actually try a case?
JUS 635 TOPIC 2 DISCUSSION 1
What is a statute? How is a statute created? For what purposes might a statute be made? When would a statute be invalid? Give an example of when a statute would be invalid.
JUS 635 TOPIC 2 DISCUSSION 2
What is the concept of legislative history? How can legislative history assist a legal researcher? What have been or are the limitations of legislative history research with regard to statutory interpretation?
JUS 635 TOPIC 3 DISCUSSION 1
What is case law? How is a case law created? For what purposes is case law created? When and how does case law become overturned?
JUS 635 TOPIC 3 DISCUSSION 2
Case law can be either mandatory (binding) authority or persuasive authority. How can a legal researcher determine whether a case is considered mandatory or persuasive authority? When might an attorney decide that persuasive authority is the appropriate argument to introduce in court?
JUS 635 TOPIC 4 DISCUSSION 1
What is Lexis-Nexis? What are some of the features of Lexis-Nexis? How can Lexis-Nexis assist the legal researcher?
JUS 635 TOPIC 4 DISCUSSION 2
What are some of the problems with utilizing an online legal research site like Lexis-Nexis? How can a legal researcher overcome some of these obstacles?
JUS 635 TOPIC 5 DISCUSSION 1
What is a memorandum of law? For what different types of purposes might a memorandum of law be created?
JUS 635 TOPIC 5 DISCUSSION 2
How can legal research be applied to assist a legal researcher in creating a memorandum of law? Why is legal research critical to the creation of a proper memorandum of law? What are some of the pitfalls a legal researcher should avoid when preparing a memorandum of law?
JUS 635 TOPIC 6 DISCUSSION 1
What is the difference between an opinion letter and a demand letter? Do those differences demand more or less research on behalf of a legal researcher in order to create an opinion or demand letter?
JUS 635 TOPIC 6 DISCUSSION 2
What are the proper elements of a demand letter? What types of research may be necessary in order to create an appropriate demand letter? What happens if the research uncovers information that may be damaging to a client’s position?
JUS 635 TOPIC 7 DISCUSSION 1
What is discovery? What are the limits of discovery and when can the legal researcher know that they have found sufficient information to terminate further research?
JUS 635 TOPIC 7 DISCUSSION 2
Electronic discovery has introduced new challenges for the discovery of information. What are some methodologies that a good legal researcher should utilize in order to conduct electronic discovery?
JUS 635 TOPIC 8 DISCUSSION 1
What is a secondary source of law? When might a secondary source of law become important to the work of a legal researcher? How does a legal researcher make a determination to go to secondary sources of law?
JUS 635 TOPIC 8 DISCUSSION 2
What are the Restatement(s) of Law? Why might they be helpful to a legal researcher? Why might citing the restatement of law be helpful when writing an appellate brief?