JUS 635 Discussion Question with Responses Week 1 to 8

JUS 635 Topic 1 Discussion 1

Not every case subject to review by a court is a case involving constitutional law. Why? How can a court determine when a case involves constitutional law? How can a legal researcher make that determination? Provide an example of the type of case that may involve a constitutional law issue.

JUS 635 Topic 1 Discussion 2

What are the relationships between different sources of law? How do we make a determination of when different sources of law may “supersede” one another? How can a legal researcher make such determinations? Which jurisdiction will actually try a case?

JUS 635 Topic 2 Discussion 1

What is a statute? How is a statute created? For what purposes might a statute be made? When would a statute be invalid? Give an example of when a statute would be invalid.

JUS 635 Topic 2 Discussion 2

What is the concept of legislative history? How can legislative history assist a legal researcher? What have been or are the limitations of legislative history research with regard to statutory interpretation?

JUS 635 Topic 3 Discussion 1

What is case law? How is a case law created? For what purposes is case law created? When and how does case law become overturned?

JUS 635 Topic 3 Discussion 2

Case law can be either mandatory (binding) authority or persuasive authority. How can a legal researcher determine whether a case is considered mandatory or persuasive authority? When might an attorney decide that persuasive authority is the appropriate argument to introduce in court?

JUS 635 Topic 4 Discussion 1

What is Lexis-Nexis? What are some of the features of Lexis-Nexis? How can Lexis-Nexis assist the legal researcher?

JUS 635 Topic 4 Discussion 2

What are some of the problems with utilizing an online legal research site like Lexis-Nexis? How can a legal researcher overcome some of these obstacles?

JUS 635 Topic 5 Discussion 1

What is a memorandum of law? For what different types of purposes might a memorandum of law be created?

JUS 635 Topic 5 Discussion 2

How can legal research be applied to assist a legal researcher in creating a memorandum of law? Why is legal research critical to the creation of a proper memorandum of law? What are some of the pitfalls a legal researcher should avoid when preparing a memorandum of law?

JUS 635 Topic 6 Discussion 1

What is the difference between an opinion letter and a demand letter? Do those differences demand more or less research on behalf of a legal researcher in order to create an opinion or demand letter?

JUS 635 Topic 6 Discussion 2

What are the proper elements of a demand letter? What types of research may be necessary in order to create an appropriate demand letter? What happens if the research uncovers information that may be damaging to a client’s position?

JUS 635 Topic 7 Discussion 1

What is discovery? What are the limits of discovery and when can the legal researcher know that they have found sufficient information to terminate further research?

JUS 635 Topic 7 Discussion 2

Electronic discovery has introduced new challenges for the discovery of information. What are some methodologies that a good legal researcher should utilize in order to conduct electronic discovery?

JUS 635 Topic 8 Discussion 1

What is a secondary source of law? When might a secondary source of law become important to the work of a legal researcher? How does a legal researcher make a determination to go to secondary sources of law?

JUS 635 Topic 8 Discussion 2

What are the Restatement(s) of Law? Why might they be helpful to a legal researcher? Why might citing the restatement of law be helpful when writing an appellate brief