An introduction to law, law study, and the lawyer's role / James E. Moliterno, Fredric I. Lederer.
2010
KF272 .M65 2010 (Map It)
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Details
Author
Title
An introduction to law, law study, and the lawyer's role / James E. Moliterno, Fredric I. Lederer.
Published
Durham, N.C. : Carolina Academic Press, [2010]
Copyright
©2010
Call Number
KF272 .M65 2010
Edition
Third edition.
ISBN
9781594607929 (pbk. : alk. paper)
1594607923 (pbk. : alk. paper)
1594607923 (pbk. : alk. paper)
Description
xii, 226 pages ; 23 cm
System Control No.
(OCoLC)610465694
Bibliography, etc. Note
Includes bibliographical references.
Record Appears in
Portion of Title
Law, law study, and the lawyer's role
Gift
Purchased from the income of the Jaffe Fund
Added Author
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Jaffe Fund
Table of Contents
Preface
xi
1.
The Beginnings
3
2.
The Profession
13
Valdez v. Alloway's Garage
13
Introduction
19
A Profession
20
Lawyers' Duties
21
Governing Ethical Rules and "Obedience to the Unenforceable"
23
Self-Governance
30
The Profession at Present: Service vs. Profit
31
3.
The Nature of Law
35
The Scenario
35
The First Homicide
36
The Facts
36
Issue
37
Assumptions
37
Discussion
37
The Problem
38
The Second Homicide
42
The Facts
42
Issue
43
Discussion
43
The Third Homicide
46
The Facts
46
Issue
47
Discussion
47
A Digression
50
The Fourth Homicide
51
The Facts
51
Part One
53
Issues
53
Discussion
53
How Do You Rule, Your Honor?
55
Part Two
56
Assumption
56
Procedural Posture
57
Issues
57
Discussion
58
The Fifth Homicide
61
Assumption
61
The Facts
61
Issues
61
Discussion
61
Conclusion
64
4.
Law as a Literary Profession
67
The Need for Precision
68
Good Legal Writing Is Simply Good Writing
69
Writing in Law School
70
The Casebrief
72
Sample Casebrief#1
76
Sample Casebrief#2
78
Briefing Cases, an Introduction
79
Parts of the Casebrief
81
5.
Common Law Development and the Classroom Experience
87
Seixas v. Woods
88
Thomas and Wife v. Winchester
91
Loop v. Litchfield
98
Losee v. Clute
102
Devlin v. Smith
104
MacPherson v. Buick Motor Co
109
Case Analysis Reprised: Examinations
123
Sample Examination Question
124
Sample Examination Answer
124
6.
A Return to Judicial Interpretation
127
People v. Gibbons
128
7.
Law Library Survival
141
Legal Research
141
The Law Library
141
Library Survival; Citations
142
Court Opinions
144
Law Review Article or Periodical
144
Treatise or Hornbook
145
Illustrative Citations
145
Court Opinions
145
Law Review Articles or Periodicals
145
Treatises or Hornbooks
146
8.
Client Service
147
Introduction
147
Interviewing Clients, the Beginning of Client Service
148
Icebreaking
149
Overview
149
Gap Filling
151
Response
152
Closing
153
An Example of Client Service
153
An Interview with Pat Marshall
153
An Assignment
157
An Intraoffice Memorandum of Law
168
A Client Letter
172
9.
Law School
175
First, Legal Education's Goal, or, "Why Isn't There an Answer?"
175
Second, the Caveat
178
The Basic Structure
179
Accreditation
179
Governance
179
Curriculum; Requirements; Specialization
179
Law School Peers, Grades, and Competition
182
Working
184
Housing
184
Class
185
The Socratic Method and Related Topics
185
Avoiding Being Called On
187
Technology
188
Study and Class Preparation
189
Examinations
190
Grades
191
Failure and Its Consequences
192
Law Reviews, Moot Court, and Other Activities
193
Personal Life and Family
194
Placement and Its Effects
194
Placement's Other Effects
195
Summer Positions
197
Personal Technology
197
A Closing Note
199
10.
The Interrelationship Between Law School and Law Practice
201
Law School
201
Ethics and Competence
202
And What Type of Lawyer Do You Want to Be?
205
Appendix
209