Florida Law School 1L Study Guide for Legal Research and Writing

Legal Research Fundamentals

Primary Sources of Law

• Statutory Law: Study Florida Statutes and how to navigate them. Understand the hierarchy of statutes, including federal and state differences.
• Case Law: Learn to research Florida case law using the state’s district courts of appeal decisions, Florida Supreme Court decisions, and relevant federal decisions.
• Constitutional Law: Familiarize with the U.S. Constitution and the Florida Constitution, emphasizing how to interpret and apply constitutional provisions.
• Regulatory Law: Understand the role of federal and state agencies, and how to find regulations in the Florida Administrative Code.

Secondary Sources

• Legal Encyclopedias: Such as Florida Jurisprudence and American Jurisprudence (AmJur).
• Law Reviews and Journals: Importance for in-depth analysis of legal topics.
• Treatises: Subject-specific comprehensive scholarly works.
• Practice Guides: Step-by-step guidance on legal procedures, like the Florida Practice Series.
• Restatements of the Law: Collection of common law principles.

Citations

• Mastery of The Bluebook and Florida Style Manual for proper legal citations.

Legal Writing Basics

Predictive Writing

• Memoranda: Structure, clarity, and objective analysis.

Persuasive Writing

• Briefs: Crafting arguments, statement of facts, and legal reasoning.

Structuring Legal Documents

• IRAC (Issue, Rule, Analysis, Conclusion) as a basic format.
• CREAC (Conclusion, Rule, Explanation, Application, Conclusion) for more detailed analysis.

Florida-Specific Concepts and Cases

Florida Civil Procedure

• Understand the Florida Rules of Civil Procedure for drafting motions and pleadings.

Real Property

• Focus on homestead exemptions under Florida law.

Contracts

• Study the application of the Statute of Frauds in Florida.

Torts

• Familiarize yourself with Florida’s comparative negligence standard.

Criminal Law

• Review the Florida Stand Your Ground Law and its implications in case law.

Key Florida Cases

Palsgraf v. Long Island Railroad Co. (1928)

• Issue: Whether the railroad was negligent with respect to the harm to Mrs. Palsgraf.
• Rule: The duty of care is owed only to those who are foreseeable victims of the defendant’s conduct.
• Analysis: The court determined that the harm to Mrs. Palsgraf was not foreseeable by the railroad employees, and as such, they did not owe her a duty of care.
• Conclusion: The railroad was not liable for Mrs. Palsgraf’s injuries.

Gideon v. Wainwright (1963)

• Issue: Whether the Sixth Amendment’s right to counsel in criminal cases extends to felony defendants in state courts.
• Rule: The Sixth Amendment’s guarantee of counsel is a fundamental right essential to a fair trial.
• Analysis: The Court ruled that the right to counsel applies to state courts via the Fourteenth Amendment.
• Conclusion: States are required to provide counsel to indigent felony defendants.

White v. University of California (2013)

• Issue: The right to possess Native American cultural artifacts.
• Rule: The Native American Graves Protection and Repatriation Act (NAGPRA) provides procedures for the return of certain Native American cultural items.
• Analysis: The court addressed the competing interests between researchers and Native American tribes regarding artifacts.
• Conclusion: The university was required to repatriate the cultural artifacts to the affiliated tribe.

Legal Analysis and Critical Thinking

Identifying Issues

• Recognizing legal issues in complex fact patterns.

Developing Arguments

• Crafting arguments based on statutes, case law, and analogical reasoning.

Counterarguments

• Anticipating and rebutting potential counterarguments.

Legal Research and Writing Assignments

Memoranda

• Practice drafting objective memoranda on assigned Florida legal issues.

Appellate Briefs

• Develop persuasive appellate briefs for hypothetical Florida appellate cases.

Oral Arguments

• Prepare and conduct oral arguments based on Florida case law.

Legal Research Exercises

• Conduct legal research using Florida-specific databases like Florida Law Weekly and federal resources such as Westlaw and LexisNexis.

Professionalism and Ethics

Florida Bar Rules of Professional Conduct

• Review rules concerning the ethical practice of law in Florida.

Avoiding Plagiarism

• Understanding and applying proper attribution and citation techniques.

Confidentiality and Privilege

• Learn the importance of client confidentiality and attorney-client privilege in the Florida legal context.

Exam Preparation

Practice Exams

• Take practice exams focusing on Florida law to identify areas needing further study.

Outlining

• Develop course outlines to summarize key concepts and facilitate review.

Peer Study Groups

• Collaborate with classmates to discuss and refine understanding of Florida law.

Remember, a successful legal research and writing class involves active engagement with the materials, consistent practice, and the ability to think critically and analytically about the law in a Florida context.