Developing a Research Plan, Having a NoteTaking Strategy, and Drafting a Legal Document

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Developing a Research Plan, Having a Note-Taking
Strategy, and Drafting a Legal Document
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Introduction

• Developing a Research Plan
• Using an effective note-taking strategy while
  conducting your research
• Drafting the document

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What do you do when you get your writing
assignment?
Dont Panic!
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Developing a Research Plan

• Ask some preliminary questions regarding the
  assignment.
• Plan your research strategy.
• Take notes while completing your research.
• Figure out when to stop searching.

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Preliminary Questions

• Time frame?
• Document format?
• Jurisdiction?
• Are there any particularly good sources of
  authority?
• Terms of art?

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Planning Your Research Strategy

• Figure out what issue you have been asked to
  answer
• Generate search terms
• Consider which research sources to consult

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Research Notes
You must take notes while conducting your
research!
Otherwise, you will have to keep repeating steps,
which will likely make you want to pull your hair
out!
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When to Stop

• Circular theory of legal research

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Heres a note-taking strategy that you can use or
adapt!
The 4 Page Note-taking System

• Sources
• Authorities
• Research Outline
• Notes

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Page One Sources of Authority

• Serves as a table of contents for your research
• Gives a detailed list of the sources that have
  been or will be consulted.
• Lists search terms
• Lists primary and secondary sources that you
  intend to research.
• Keeps tracks of which sources you have examined.

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Sources
Descriptive Words forgery impersonation
check draft
Primary and Secondary Sources Codes
Example W. Va. Code Index v Forgery
65-2-1 Check Digests w/topics and key
numbers Example Va.-W. Va. Digest
Index v Forgery False Pretenses 26
False Pretenses 27 Forgery
3 Check v Impersonation False
Pretenses 29 Law Reviews Treatises Encyclopedia
s
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Page Two Authorities

• Lists the specific cases and secondary
  authorities
• Keeps track of each authority
• Shows whether each authority has been printed,
  read and noted, or read and considered worthless.

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Authorities
Source Citations Updated? (found in
sources listed in column 1) False Pretenses
26 x 618 S.W.2d 765 Yes (Va.-W. Va.
Digest x 623 S.W.2d 324 (evidence) Yes x 593
S.W.2d 324 Yes False Pretenses 26 v 645 S.W.2d
461 (Va.-W. Va. Digest 721 S.W.2d 438
2002 Pocket) v 575 F.2d 394 (fraud can
raise issue) 645 S.W.2d 461 v 523
S.W. 2d 681 75 ALR 3d 327 267 N.E.2d 619 15
U.S.C.A. 1221 781 F.2d 1520
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Page Three Research Outline

• Helps you trace the legal analysis from beginning
  to end.
• Helps you identify where there are gaps in your
  research.
• Helps you figure out where your legal authority
  fits into the analysis.

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Outline

• Statutory Rule W. Va. Code 61-4-5 pertains to
  forging checks.
• Penalty
• W. Va. Code 61-4-56 says this is a felony,
  1-10 years or 1 plus fine.
• II. Elements
• W. Va. Code 61-4-5 provides says
• (1) creation of draft,
• American Express, 523 S.W.2d 681
• (2) with intent to defraud, and
• (3) no authority to charge the others
  account or the draft exceeds the
• authorized amount.
• III. Defenses
• Smith v. Jones, 618 S.W.2d 765 (copied)
• Smith v. Smyth, 614 S.W.2d 645
• Law Review Article, Unforeseen Events (copied)

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Page Four Notes

• After youve read the authority for the first
  time, take notes!
• Full citation
• Facts and outcome
• Holding (and page where found)
• Topics and key numbers
• Relevant headnotes
• Quotations

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The Writing Process

• What document were you asked to draft?
• Draft an outline of the document.
• Edit! Edit! Edit! Edit!

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Drafting a Memo

• Heading
• Question Presented
• Brief Answer
• Facts
• Discussion
• Conclusion