Professor Ricks - 1L Brief Research
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Slide 1 - Federal Constitutional Research
- Professor Sarah Ricks -Spring 2015
- Getting Started
Slide 2 - Purpose: Provide efficient and effective research strategies to help you get a jumpstart on your 4th Amendment/excessive force research.
- Process: We will discuss how to get started; using the tools within your documents, search strategies and Shepard’s
- Payoff: Have a specific plan in place to attack this problem and spend less time researching and more time analyzing the law and formulating persuasive arguments.
Slide 3 - Use the record!!!
- Does the record provide you with any key cases or statutes?
- There may be a lower court opinion that will be key to addressing the legal issues and will include some of the central cases and statutes at issue
- Pull those cases/statutes first!
- Step #1 – Use the Record
Slide 4 - Why should you care about finding a secondary source:
- Educate yourself on the law
- Find primary authority
- Evolution of the law
- Step #2 – Find a Secondary Source
Slide 5 - Finding secondary sources:
- Using the cases or statutes to find secondary sources:
- Topic Summaries
- Using headnotes
- Step #2 – Find a Secondary Source (cont.)
Slide 7 - Lexis Advance Tools:
- Links above headnotes
- Topic Summaries
- Selected Text
- Legal Issue Trail
- Step #3 –Using the Tools within Your Case
- Step #3 – Using the Tools within in Your Case (cont.)
Slide 9 - Searching Strategies
- Use the TRAC system:
- Root Expander
- Alternative Terms
- Step #4 – Searching
- Step #4 – Searching (cont.)
Slide 11 - Shepardize!!!!
- Cite good law
- Find additional authority
- Analyze your cases
- Locate secondary sources
- Step #5 – Shepard’s
- Step #5 – Shepard’s (cont.)
Slide 13 - Step #1 – Use the record to get started
- Step #2 – Finding Secondary Sources
- Step #3 – Treat your documents like sponge and squeeze them out using all of the tools at your disposal
- Step #4 – Use the TRAC method to search more effectively
- Step #5 – Shepardize to validate cases/statutes, find additional authority and comprehensively research the cases at issue
Slide 14 - Art of Advocacy – excellent secondary source that includes practical advice on persuasive writing and oral argument
- Moore’s on Federal Practice – most cited secondary source on federal practice
- “Ted Talk” by Amy Cuddy (power poses) – build confidence
- Bonus Tips
Slide 15 - What is the tool within Shepard’s that allows you to analyze your case by looking at the cases cited by your case?
- Name 3 Lexis Advance tools that you can use to build off of an existing case.
- True or False. Shepard’s will include any secondary sources on Lexis that have cited to your case.
- Which United States Supreme Court Justice once said briefs should be written like the television series “24”?
- Quiz for 400 Lexis Rewards Points!