Oates Ch 3 and 5 Summary

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Sections to read from Chapter 3 and 5: probably not that important for the test. 3.2–3.5 and 3.7 1. Read and reread. 2. Analyze and synthesize material while reading 3. Place statutes and cases into their historical, social, economic, political and legal contexts 4. Judge the statutes and cases you read. Oates p. 53 and Sections 5.1-5.2.3 1. The memo a. Read the assignment and make sure you understand what it is that you have to do 2. Preparing a research plan a. Determine what law applies: state or federal b. Draft a preliminary issue statement c. Select the sources you want to check: d. Locate any relevant statutes e. Look up any statutory definitions f. Locate cases that apply the statute g. Check to see if the cases are still good law h. Locate law review articles and other commentaries that might be on point. Exhibit 5.1 (pp. 61-64); case on pp. 70-72; Sections 5.5-5.6 1. Make sure to keep track of what you find using some sort of chart 2. Before you start to draft the memo, make sure you understand what you have found 5..9, 5.11, 5.12 and 5.13 5.14; 5.7, 5.8, 5.10 and 5.16; 5.15, 5.17.1-5.17.3, and 5.20 Components of the Memo 1. Issue Statement a. Reference applicable law b. The legal question c. Use of legally significant facts 2. Brief Answer 3. Statement of Facts 4. Discussion 5. Conclusion

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