Legal Research Career Guide and Counseling

Question: what legal resources are available to lawyers doing legal research and writing online? I am moving abroad and I want to do legal research online to prepare legal documents and briefs for other lawyers in the US while I am away. I am a licensed attorney, and I have always used the print resources of my local law library. Any suggestions on how I should approach this?

Answer: Dude! You know it depends on your jurisdiction, which you didn't share. Westlaw and quicklaw are the online resources, but they'll be expensive as hell if they're your starting point. You'll rack up charges in the thousands of dollars every day. http://www.lexisnexis.com/ca/legal/auth/checkbrowser.do?t=1163691153818 http://ecarswell.westlaw.com/signon/default.wl?bhcp=1&fn=_top&newdoor=true&rs=WLCA8.04&vr=2.0 Most Commonwealth countries have a Lii site (see www.canlii.org/) These are free... I've seen them for Britain, Australia and New Zealand, and I assume US jurisdictions have them but I've never seen one. Otherwise you've got the government websites which should provide complete and up to date (if not technically "official" statute).

Question: What impact has technology had on legal research? What impact has modern technology such as computers, the Internet, email and online databases had on the paralegal profession? In your opinion, have these technological advances been positive or negative? What tasks do paralegals perform using computers? What are the advantages of computer assisted legal research (CALR) over traditional methods (going to a law library to locate cases and statutes in books and other printed materials, going to the courthouse to file pleadings in person rather than filing them electronically, etc.)?

Answer: Huge leap in efficiency. Research that used to take hours or days to do using books and indexes can now be done in minutes from any computer terminal. And with rapid updating, you can have new cases that came out days or weeks ago, rather than waiting months for pocket-parts. Electronic filing saves time and gas. And electronic copies allow for broader distribution and more permanent records without wasting paper. Those are just a few of the many benefits. The only downside is that, like all forms of automation, it cuts down on human interaction. Rather than hanging out in the law library and at least seeing other people, we now sit behind computer screens. But, for the benefits gained, our lack of social interaction in other contexts is no excuse.

Question: What is the best book with which to learn legal research and writing? I know there are a ton of books out there, but I'm not sure how to choose one. I have a few years experience in litigation case management for a mortgage company but no formal legal education (no paralegal or law courses). I may be seeking a job as a litigation paralegal or clerk, so please keep that in mind with your suggestions. Thanks!

Answer: California requirements re: Paralegals can be found here: http://calbar.ca.gov/state/calbar/calbar_generic.jsp?sImagePath=Related_Statutes.gif&sCategoryPath=/Home/Attorney%20Resources/Rules%20%26%20Regulations/Related%20Statutes&sHeading=Business%20%26%20Professions%20Code&sCatHtmlPath=calbar_rs_rules.jsp&sRule=56948 Under Business & Professions Code: §6450. Paralegals-Definition; Scope and Limitations of Lawful Activities; Qualifications; Certification Your requirements may be different (to be a paralegal) in the state in which you are working/seeking employment. As far as books, I don't think any book will teach you legal research. That is something you can learn in a class (usually held at a law library) or if you want to learn specific programs (Westlaw or Lexis), they will teach you. As far as writing, again, that is something you learn in class. But good samples/forms can be found in Matthew Bender's Pleading & Practice books.

Question: Why is the legal research "process" so important? Do a person's beliefs or values affect their ability to objectively research legal issues. Examples

Answer: Personally I feel yes and no if that makes sense. Yes because realistically it is something that's completely unavoidable. No because I enjoy researching so much that the outcome and its rewards take over. Sorry if that sounded all cookie cutter but its true!

Question: What does it mean by what approaches are used in relation to legal research? I have been given an article and have been told to analyse the approach I am a bit confused as to the difference between research method and approach. Any help would be appreciated.

Answer: The method used in dealing with or accomplishing: a logical approach to the problem. A method used in dealing with something: attack, course, line, modus operandi, plan, procedure, tack, technique. Number 7 on the link below may be of some use.......

Question: Why is it so important to validate your legal research? Why is it so important to validate your research results? Will anybody ever know if you don't?

Answer: The reason authority is carefully cited in legal documents is so the authority can be relied upon for the principle stated. Anybody can go look at the source to make sure it is accurate and in context. The next step is to check to see if the principle is still the law. You validate your reseach by checking your cited the authority (i.e. case, statute, etc.) for subsequent treatment. You don't want your legal position to be based on a case or statute or rule and anything else that changed was by some later action. Sometimes, as you probably know, a legal principle in a case will be overruled and/or changed by a decision by another court. Someone will very likely know if your authority is no longer valid if you are using for anything even remotely important to anybody else. It take 2 seconds to check case history using Westlaw or similar legal research databases. In can also be done the old fashion way through reference books in a minute or two. It's every lawyer's dream to crush an opponent because some overturned decision or repealed statute is cited for a critical issue in dispute. Not only do you win the issue (assuming you have the correct authority in your favor), but you get to humiliate the other attorney and destroy his or her credibility for some time to come.

Question: If i wanted to do a legal research on embryonic stem cell, what should be the statement of the issue? I would like to do research on embryonic stem cell, but I cannot find the controversial legal issue...i have to make an abstract on the subject

Answer: the issue is that of abortion and whether it is moral to do that because that's how you get embryonic stem cells the only other type of stem cell is that from the blood of the umbilical chord we are all born with stem cells but they eventually change into a specific type that why research is being done with them, they can reproduce and adapt healthy cells of almost any type

Question: In what states is embryonic stem cell research legal? I have to write a speech for school, and I need to know if embryonic stem cell research is only legal in California, or if other states allow it. Please tell me if you know certain states in which stem cell research is legal.

Answer: It is legal in all states... the controversy is over government funding of stem cell research.

Question: How can I learn to perform legal research and legal writing? I am soon starting a paralegal course, I just wanted some insight and a guide.

Answer: Get the following books: The Bluebook (legal citation) Strunk on writing (guide to simplifying prose in writing) NALA Paralegal Guide will give you general background information.

Question: How does one do legal research on court cases from the 1800s? With respect to state and federal cases that cannot be attained merely through a Google search, what is the best way to find the original opinions of the court for historical cases in the US?

Answer: You may have to pay to get access to Lexus or go to the nearest Law Library and use it there. That will also give you access to the librarian, who can share with you the best sources for the specific cases you want to deal with (for example, Georgia cases might only be in Georgia while New York cases might be more wide spread.)

Question: How can some research legal cases pertaining to certian crimes in the state of ohio? How or would I be able research certian cases in the state of ohio. I would like to search for certian circumstances involving contracts and the results of these cases.

Answer: Here: http://www.lexisone.com/caselaw/freecaselaw?action=FCLDisplayCaseSearchForm http://www.sconet.state.oh.us/publications/lib_series/Brochure_1.pdf http://www.sconet.state.oh.us/ for starters

Question: Is it legal to provide students with research for homework help and research papers? Is it legal to provide research to students as a service of a business? Research for them to use on their papers or homework, but not writing it for them. For college students, maybe high school students. Is this at all considered cheating according to the law? Can colleges sue the company for providing such a service? Laws in the United States, particularly Michigan. PLEASE only knowledge answers...links to credible sources are fine also.

Answer: Academic freedom gives the schools and students on what to do with their educational system. Thus, they have the choice whether to provide research to students as a service of a business.

Question: Identify the steps in the legal research process? I need some help here, this is an elective, I just need someone to simply this for me. Thank you

Answer: I never knew there were specific steps, but here goes: When I was in law school, we had to file legal analyses. We started with the issue and divided it up into relevant questions that needed to be discussed. Then we went to Westlaw and checked out the keynotes for cases that addressed those very points. After that we went to Shepherd's to look up those cases, and see how the courts had treated them (upheld, cited, overturned, etc.) If anything was noted as a specific treatment, I'd look up that case and see if it pertained to my issue. If it did, I'd start the process all over until I had the most on-point cases that were the most up-to-date. After I had my cases, I'd write a discussion of the cases, and write a conclusion as to what the court would do based on these cases.

Question: What are some of the problems associated with computer assisted legal research?

Answer: Here's a few: 1. It is expensive, 2. It is easy to overlook things if you don't use the correct search terms, 3. You are dependent upon reliable internet service. That's all I can think. I think most practicing attorneys (especially newer ones) far prefer it to having to go to the law library and go through endless shelves of books.

Question: What is a good thesis statement for a research paper on legal aspects of capital punishment? I'm doing a college research paper on the legal aspects of capital punishment. I need a thesis statement and 3 body paragraph topics. Thanks for the help!

Answer: The legal aspects of capital punishment are cruel to u.s citizens

Question: Does anybody know where I can purchase legal psychedelic research chemicals online? I've heard about many psychedelics that are related to LSD and mescaline does anybody know of websites where I can get these research chemicals?

Answer: See if this one has what you need: http://www.ethnobotanicals.com/index.html