Nelson Higher Education

Higher Education

Legal Analysis and Writing, 4th Edition

  • William H. Putman, JD
  • ISBN-10: 1133016545
  • ISBN-13: 9781133016540
  • 544 Pages | Paperback
  • Previous Editions: 2009, 2003, 1998
  • COPYRIGHT: 2013 Published
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Overview

About the Product

LEGAL ANALYSIS AND WRITING, 4TH EDITION helps readers analyze statutes and cases and draft supporting legal memoranda. In addition to the fundamentals of good writing, legal or otherwise, the book illustrates how paralegals analyze and brief cases, identify key facts and legal issues, and apply case law and counteranalysis to legal matters, and more. Going beyond mere explanations, the book shows readers how to apply concepts to hypothetical situations, draft legal memoranda and correspondence, and scrutinize legal citations and Web research, to develop a thorough understanding of the analytical and writing responsibilities paralegals undertake. Legal Analysis and Writing, 4th Edition is a robust resource for any paralegal writing course and includes a host of available supplemental tools designed to enhance learning while simplifying instructor preparation.

Features

  • Hypothetical Situations: Featured throughout the book, realistic scenarios place readers in the center of legal issues, where they gain better perspective and practice applying legal concepts.

  • Helpful References and Resources: Detailed information about the reference sections of statutes give insight into finding the information paralegals need, while Internet Resources allow students to access additional information on chapter topics.

  • Supporting Examples: Key Examples follow each key principle and concept to illustrate practical applications and facilitate better comprehension of the material.

  • Less Legalese: Chapter discussions use lay terms instead of confusing legalese wherever possible to ease students into the subject matter, avoid overwhelming them with new terms, and improve readability.

Reviews

"This textbook is very well written and follows a logical, how-to format. I am a big fan of Mr. Putman's publications and feel they are the absolute best textbooks when it comes to educating paralegals."
— Patricia J. Gustin, NALA Campus Live

About the Author

William H. Putman, JD

William Putman is a lawyer and former instructor in the programs for Legal Assistant Studies at Central New Mexico Community College in Albuquerque and Paralegal Studies at Santa Fe Community College. A member of the New Mexico Bar since 1975, he received his Juris Doctor degree from the University of New Mexico School of Law.

Table of Contents

1. Introduction to Principles and Authorities.
2. Introduction to Legal Analysis.
3. Statutory Analysis.
4. Case Law and Case Briefing.
5. Key Facts.
6. Issue Identification.
7. Stating the Issue.
8. Case Law Application.
9. Counteranalysis.
10. Legal Writing Process--General Considerations.
11. Fundamentals of Writing.
12. Office Legal Memorandum--Assignments, Facts, and Issues.
13. Office Legal Memorandum--Analysis to Conclusion.
14. External Memorandums.
15. Correspondence.
Appendix A: Court Opinions Referred to in the Text.
Appendix B: Appellate Court Brief.
Appendix C: Overview of Legal Citation.
Appendix D: Web Sites.

New to this edition

  • New Appendices: A new Web sites appendix includes an extensive list of useful sites, along with a discussion on the dangers of using non-fee-based sites, while the updatedOverview of Legal Citations appendix includes a new overview of the general rules, such as capitalization, quotations, pinpoint citations, and signals.
  • Extra Coverage and Examples: New materials on Statutory Analysis, Case Law, and Case Briefing in Chapters 3 and 4 provide more opportunities for readers to practice identifying, interpreting, and citing cases.
  • Fundamental Writing Lessons: Added to Chapter 11, the updated discussion on the fundamentals of writing includes additions to the Word Selection, Grammar, and Punctuation sections to expand reader knowledge of general writing principles.
  • Added Practice Assignments: Two new memoranda exercises, as well as new chapter assignments in Case Law and Case Briefing, Key Facts, and Issue Identification give readers even more practice developing essential paralegal skills.
  • Improved Formatting: Exhibits and examples have been reformatted to make it easier for readers to find, understand, and use references, while logically matching citations to the appropriate readings.

Supplements

All supplements have been updated in coordination with the Main title.
Please see Main title page for new to this edition information.

Instructor Supplements

Legal Analysis and Writing, Loose-Leaf Version  (ISBN-10: 1337413801 | ISBN-13: 9781337413800)

LEGAL ANALYSIS AND WRITING, 4TH EDITION helps readers analyze statutes and cases and draft supporting legal memoranda. In addition to the fundamentals of good writing, legal or otherwise, the book illustrates how paralegals analyze and brief cases, identify key facts and legal issues, and apply case law and counteranalysis to legal matters, and more. Going beyond mere explanations, the book shows readers how to apply concepts to hypothetical situations, draft legal memoranda and correspondence, and scrutinize legal citations and Web research, to develop a thorough understanding of the analytical and writing responsibilities paralegals undertake. Legal Analysis and Writing, 4th Edition is a robust resource for any paralegal writing course and includes a host of available supplemental tools designed to enhance learning while simplifying instructor preparation.

WebTutor™ on Blackboard® Instant Access Code  (ISBN-10: 1133016634 | ISBN-13: 9781133016632)

Designed to accompany specific Delmar Cengage Learning textbooks, WebTutor™ is an eLearning software solution that turns everyone in your classroom or training center into a front-row learner. Blackboard® and WebCT® components are offered across all of our disciplines. Each WebTutor™ may include chapter learning objectives, online course preparation, study sheets, glossary flashcards, discussion topics, web links, and an online forum to exchange notes and questions. In addition, online chapter quizzes are provided in various formats, including matching exercises, true/false questions, short-answer, and multiple-choice questions with immediate feedback on correct and incorrect answers. Whether you want to Web-enhance your class or offer an entire course online, WebTutor™ allows you to focus on what you do best: teaching.

Instructor Resource CD-ROM  (ISBN-10: 1133016553 | ISBN-13: 9781133016557)

The Instructor Resources CD-ROM includes an Instructor's Manual, Computerized Test Bank in ExamView and customizable PowerPoint® presentations.

Online Instructor's Manual  (ISBN-10: 1133016561 | ISBN-13: 9781133016564)

The Online Instructor's Manual serves as an instructional resource and provides answers to text and CourseMate assignments.

CourseMate Instant Access  (ISBN-10: 113301660X | ISBN-13: 9781133016601)

Interested in a simple way to complement your text and course content with study and practice materials? Cengage Learning's Paralegal CourseMate brings course concepts to life with interactive learning, study, and exam preparation tools that support the printed textbook. Watch student comprehension soar as your class works with the printed textbook and the textbook-specific website. Paralegal CourseMate goes beyond the book to deliver what you need!

Legal Studies Capstone: Assessing Your Undergraduate Education  (ISBN-10: 1111035075 | ISBN-13: 9781111035075)

LEGAL STUDIES CAPSTONE: ASSESSING YOUR UNDERGRADUATE EDUCATION provides an opportunity for students to review, enhance and demonstrate their knowledge and practical application of the law. Achievement of learning objectives is shown through development of a portfolio of student work and a successful score on a comprehensive exam. Measurable learning objectives are detailed for each unit, with discussion questions, portfolio assignments and exam questions designed to measure the attainment of each outcome. Job search, continuing education, ethical obligations and technology skills are addressed, and students organize related documentation to prepare for post-graduation endeavors. These units are followed by summaries of core substantive and procedural areas of law, providing students with a review of prior studies as well as a gap-filler for keys areas essential to success in the workplace, continuing education, or certification and employment exams. Students can evaluate their knowledge of the law through review of questions and answers provided in the comprehensive exam in Appendix A. Portfolio assignments display their ability to draft pleadings, prepare contracts, complete forms and report research results for review by a prospective employer or as reference for future assignments. The Glossary and Other Resources listed in Appendix B assist in fostering successful outcomes in both portfolio development and the assessment exam. In addition to the benefits to students, this text offers guidance to educational programs undertaking a meaningful assessment of learning outcomes. Review of student portfolios and success rates on the comprehensive substantive assessment present student data to be utilized in continuous curriculum development. The Instructor's Resources include a sample course outline, exit exam and portfolio grading rubric.

Legal Research  (ISBN-10: 1428357017 | ISBN-13: 9781428357013)

LEGAL RESEARCH, 2ND EDITION is one of the few texts that focuses entirely on legal research and how to conduct legal research in an efficient manner to avoid wasted time and duplication of effort. Intended for use in research classes, the student is provided with an in-depth knowledge of the fundamentals of legal research. The text covers the operation of the elements of these fundamentals in the research process and the manner in which the process guides and assists the student in the performance of a research assignment. Each chapter includes examples of every concept and principle discussed and a hypothetical fact situation in which the application of the concepts and principles is illustrated. The text includes valuable chapters describing how to determine what to research, how to identify key facts and terms, their importance and use, and the significant role of issue identification and its elements. A large portion of the text provides in-depth coverage of primary and secondary research sources, including Internet and computer research, citation format and case law analysis. In the last chapter of the text, the author has included a beneficial discussion of what to look for when researching, what to do with the research once it is found, and how to organize research.

Legal Research, Analysis and Writing  (ISBN-10: 1428304428 | ISBN-13: 9781428304420)

The second edition of this popular text provides students with in-depth knowledge of the fundamentals divided into four parts: Introduction to Research Analytical Principles and the Legal Process; Legal Research; Legal Analysis; and Legal Writing. This approach meets the challenge that Paralegals and law clerks are increasingly faced with when called upon to perform substantive legal research, analysis, and writing tasks. Comprehensive coverage of the difficult areas of legal research, analysis, and writing, such as: conducting statutory research and analysis; how to cite authority; how to identify the key facts in a case; how to conduct counteranalysis; and how to prepare an interoffice memorandum and court brief are included. Numerous hypotheticals, examples, and exercises engage students, and make the subject matter easier to comprehend. The setup of this text allows for use in separate research and writing courses, or where both researching and writing are combined in one course, instructors can select the chapters deemed appropriate.

Student Supplements

Legal Analysis and Writing, Loose-Leaf Version  (ISBN-10: 1337413801 | ISBN-13: 9781337413800)

LEGAL ANALYSIS AND WRITING, 4TH EDITION helps you analyze statutes and case law, and draft legal memoranda. In addition to the fundamentals of good writing, legal or otherwise, the book illustrates how to analyze and brief cases, identify key facts and legal issues, and apply case law and counteranalysis to legal matters. Going beyond mere explanations, the book shows you how to apply concepts to hypothetical situations, draft legal memoranda and correspondence, and scrutinize legal citations and Web research to develop a thorough understanding of the analytical and writing responsibilities you will undertake as a paralegal. Legal Analysis and Writing, 4th Edition is a robust resource for any paralegal writing course and includes a host of available supplemental tools designed to enhance learning and success in your course.

WebTutor™ on Blackboard® Instant Access Code  (ISBN-10: 1133016634 | ISBN-13: 9781133016632)

Designed to accompany specific Delmar Cengage Learning textbooks, WebTutor™ is an eLearning software solution that puts you in the front row of your classroom or training center. Blackboard® and WebCT® components are offered across all of our disciplines. Each WebTutor™ may include chapter learning objectives, online course preparation, study sheets, glossary flashcards, discussion topics, web links, and an online forum to exchange notes and questions. In addition, online chapter quizzes are provided in various formats, including matching, true-or-false, short-answer, and multiple-choice with immediate feedback on correct and incorrect answers.

CourseMate Instant Access  (ISBN-10: 113301660X | ISBN-13: 9781133016601)

The more you study, the better the results. Make the most of your study time by accessing everything you need to succeed in one place. Paralegal CourseMate includes: An interactive eBook with highlighting, note taking and an interactive glossary and Interactive learning tools, including: Quizzes, Flashcards, and more!

Legal Studies Capstone: Assessing Your Undergraduate Education  (ISBN-10: 1111035075 | ISBN-13: 9781111035075)

LEGAL STUDIES CAPSTONE: ASSESSING YOUR UNDERGRADUATE EDUCATION provides the opportunity for you to review, enhance and demonstrate your knowledge and practical application of the law as you complete your education. Achievement of learning objectives is shown through development of a portfolio of your work and a successful score on a comprehensive exam. Measurable learning objectives are detailed for each unit, with discussion questions, portfolio assignments and exam questions designed to measure the attainment of each outcome. Job search, continuing education, ethical obligations and technology skills are addressed, and you organize related documentation to prepare for post-graduation endeavors. These units are followed by summaries of core substantive and procedural areas of law, providing you with a review of prior studies as well as a gap-filler for keys areas essential to success in the workplace, continuing education, or certification and employment exams. You can evaluate your knowledge of the law through review of questions and answers provided in the comprehensive exam in Appendix A. Portfolio assignments display your ability to draft pleadings, prepare contracts, complete forms and report research results for review by a prospective employer or as reference for future assignments. The Glossary and Other Resources listed in Appendix B assist in fostering successful outcomes in both portfolio development and the assessment exam.

Legal Research  (ISBN-10: 1428357017 | ISBN-13: 9781428357013)

This text is a rare and in-depth teaching tool covering every phase of the LEGAL RESEARCH process, including how to avoid wasted time and duplication of effort. Multiple examples, illustrations, and more assignments based on real life cases are contained in the text aiding in the instructor's teaching and the student's understanding of the concepts and principles taught in the chapters. The clearly presented, step-by-step treatment of material ensures that readers will understand all the facts, insights and knowledge presented to conduct effective and efficient LEGAL RESEARCH. A list of web sites complements the books content.

Legal Research, Analysis and Writing  (ISBN-10: 1428304428 | ISBN-13: 9781428304420)

The second edition of this popular text provides students with in-depth knowledge of the fundamentals divided into four parts: Introduction to Research Analytical Principles and the Legal Process; Legal Research; Legal Analysis; and Legal Writing. This approach meets the challenge that Paralegals and law clerks are increasingly faced with when called upon to perform substantive legal research, analysis, and writing tasks. Comprehensive coverage of the difficult areas of legal research, analysis, and writing, such as: conducting statutory research and analysis; how to cite authority; how to identify the key facts in a case; how to conduct counteranalysis; and how to prepare an interoffice memorandum and court brief are included. Numerous hypotheticals, examples, and exercises engage students, and make the subject matter easier to comprehend. The setup of this text allows for use in separate research and writing courses, or where both researching and writing are combined in one course, instructors can select the chapters deemed appropriate.