Statsky Chapter 11 discusses 3 techniques to assist paralegals in acquiring the skill of using indexes and tables of contents in law books, and in phrasing searches on Westlaw or the internet:  the Cartwheel, Descriptive Words, and TAPP/TARPP/TARP. 

Directions:  Read the following fact pattern and use any one of these methods to identify a minimum of 15 terms you might use to begin your research.  Regardless of which method you choose, list each category and the related terms, and number your responses. 

Facts:  After ending a tumultuous 2-year relationship, Lydia Snow sought and was granted a protective order against her ex-boyfriend, Jon Cannard.  The order barred Cannard from any contact with Lydia for a 36-month period, and included directions specifically prohibiting “posting remarks or images to any electronic networks.”   Ms. Snow contacted law enforcement shortly after viewing Cannard’s Facebook page which included numerous posts regarding his lost love, the loss of his best friend and soul mate, the fact that he would “wait for her”, and the way “women are allowed to play” the justice system.   Lydia notified police that he is in violation of the order and she fears for her safety.  In his subsequent police interview, Cannard claimed that his right to free speech is being impeded, that no violation occurred because he didn’t mention anyone by name, and that Lydia wouldn’t have known about the posts if she hadn’t been “stalking him” on Facebook. 

  Section Two – The 3 Levels of Legal Research

Directions:  Indicate at which level of research the each of the following sources would benefit the researcher.  If the source would be of benefit for more than one level, select the level you feel applies most specifically. 

 NOTE:  You may need to review the source on Westlaw to determine what it provides.  Specific sources such as cases, annotations, statutes, can be accessed by typing or pasting the citation into the search box.  Remember that you may need to filter your returned results by type using the selection options under VIEW (This is the column to the left of Overview when results are returned after searching)

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Section Three – Comparing Secondary Sources

Each of the following secondary authorities specifically discusses an intoxicated party’s ability to form a contract.  Retrieve and review each source by typing or copying the citation into the search bar, and then answer the questions below.

  • Intoxication as ground for avoiding contract – 36 A.L.R. 619 (Originally published in 1925)
  • Intoxicated Persons – Restatement (Second) of Contracts § 16 (1981)
  • C.J.S. Contracts § 196
  • Elements of contract – Effect of Intoxication 25 Wash. Prac., Contract Law And Practice § 2:6 (3d ed.)

Please answer the following in your own words.

1)    Discuss how the four sources are similar.

2)    Discuss how they are different.

3)    Which source would you prefer to work with if you were assigned to research a related legal matter?  Explain your answer.

4)    Specifically discuss how you would use this source in researching the related matter. 

STATSKY SCREEN SHOTS:

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