Arkansas Law School 1L Study Guide for Legal Research and Writing
Legal Research and Writing is a foundational course in law school, designed to equip students with the skills necessary to conduct legal research effectively and to communicate legal analysis clearly and persuasively. This Study Guide will cover key concepts and relevant Arkansas-specific law, cases, and resources.
Introduction to Legal Research
Understanding the Law Library:
– Familiarize yourself with both physical and online law libraries.
– Key resources: case reporters, statutes, regulations, secondary sources, and legal databases (e.g., Westlaw, LexisNexis).
Primary vs. Secondary Sources:
– Primary sources: actual law (cases, statutes, regulations).
– Secondary sources: analysis or commentary on the law (law reviews, treatises).
Arkansas-Specific Resources:
– Arkansas Code (available online and in print).
– Arkansas Reports and Arkansas Appellate Reports for case law.
– Arkansas Rules of Court.
Legal Writing Basics
Structure of Legal Documents:
– Memoranda, briefs, and opinion letters.
– Understanding the importance of IRAC (Issue, Rule, Analysis, Conclusion) in legal writing.
Citation:
– Familiarity with The Bluebook and ALWD Citation Manual for proper citation format.
– Citing Arkansas-specific sources correctly, such as the Arkansas Code or Arkansas case law.
Researching Arkansas Law
Statutory Research:
– How to find and interpret Arkansas statutes.
– Using the Arkansas Code Annotated and session laws.
Case Law Research:
– Finding Arkansas case law through reporters and databases.
– Shepardizing to ensure cases are still good law.
Administrative Law:
– Understanding the role of Arkansas administrative agencies.
– Researching regulations and decisions from agencies like the Arkansas Department of Environmental Quality.
Legal Analysis and IRAC
IRAC in Practice:
– Issue: Identifying the legal issue(s) at hand.
– Rule: Stating the governing law or legal principle.
– Analysis: Applying the rule to the facts of the case.
– Conclusion: Summarizing the result of the analysis.
Arkansas Case Law IRAC Example:
Case: Womack v. Berry, 291 Ark. 477 (1987).
– Issue: Whether the defendant’s action constitutes a nuisance under Arkansas law.
– Rule: Nuisance in Arkansas is defined as a substantial and unreasonable interference with the use or enjoyment of property.
– Analysis: The court examines the extent of interference and the reasonableness of the defendant’s actions.
– Conclusion: The court held that the defendant’s actions did constitute a nuisance.
Persuasive Writing
Understanding the Audience:
– Tailoring arguments to the intended reader, whether it be a court, a client, or opposing counsel.
Crafting Arguments:
– Developing a persuasive theme.
– Using precedent effectively to support arguments.
Arkansas-Specific Advocacy:
– Studying examples of persuasive briefs filed in Arkansas courts.
– Understanding local rules and preferences.
Ethical Considerations in Research and Writing
Plagiarism and Academic Integrity:
– Recognizing and avoiding plagiarism in legal writing.
– Following the University of Arkansas and law school honor codes.
Confidentiality and Client Privacy:
– Maintaining client confidentiality in all communications and documents.
– Understanding Arkansas Rules of Professional Conduct as they relate to writing and research.
Advanced Legal Research Tools
Legislative History:
– Researching the history of Arkansas statutes for interpretive purposes.
– Using resources like the Arkansas General Assembly website.
Litigation and Court Documents:
– Finding and analyzing pleadings, motions, and other litigation documents filed in Arkansas courts.
Note: This Study Guide is a starting point for Arkansas Law School 1L students preparing for their final semester exam in Legal Research and Writing. Students should supplement this guide with class notes, other course materials, and further in-depth research into Arkansas-specific resources. Always consult the most current legal databases and resources, as the law can change over time.