October 12th Notes

Legal Research & Writing
October 12th

WSPA CLE    Washington State Paralegal Association
Friday Oct 23
8am-4:45pm  SU Law School
www.wspaonline.org/2009cle

Difference between the Pacific Reporter and Washington Reporter

Pacific Reporter
-Has key numbers
-The physical size and print
-Double columns
-More detail in case caption
-Summary of case, then headnotes
-The only thing identical is the actual case (the text of the opinion)

Editorial Differences are in both
 -came about as a result of the publisher adding something around the actual decision
--case caption: who the litigates were

Washington Reporter
-Headnotes have brackets
--in the actual case facts

If you have a preference, use the one you like for your research.

WestLaw
-Use on the First Project 
--you can use either Westlaw or the reference library
--definitely explore Westlaw while you are a student to become familiar with it

Print out a copy of the Westlaw Web based Training from the class website
-Under other resources
--Sign on for training
----click on the training for paralegals
----separate registration (another password you make up)  Does not work for researching
----print out the certificate of training for Westlaw, add it to your resume

---15 hours of time the 1st to the last of the month
-----from the time you hit the go button to the time it takes to get a results (3-5 seconds)


Legal Memos
-Memorandum banks are made at law firms
--Memos are not cheap, they take research and time
--Always spell client's name right
--Actually answer the question

Parts of the Legal Memorandum
Her style if different from Bruce's IRAC.  Her style is the most formal, so you are prepared for every situation.


Heading
Statement of Facts
Issue Statement
Brief Answer
Discussion
Conclusion


Elements of a Statute:
Element:  absolutely must be proven by state or plaintiff
Factor:  optional

Statutes only have elements.  And statutes are required.

Breaking down the elements of a statute:
-Start at the beginning and go to the end
-Look for and/or  and the pieces come together  or the pieces are choice
-Look for commas and semicolos  Notice they create breaks in elements
-In criminal statutes there is always an Intent element
-Agreement element
-Engage element
-Substantial step

Breaking down criminal conspiracy
1. a person (low IQ or minor may not count)
2. with intent that conduct constituting a crime be performed
3. he or she agrees with one of more persons
4. engage in or cause the performance of such conduct
5. any one of them takes a substantial step in pursuance of such agreement

Does the person charged have to do all four to be convicted?

YES! Elements require satisfaction.  You can only pick and choose if there is an "or"


Vehicle Prowling Statute
1. A Person
2. With the intent to commit a crime against a person or property therein he enters or remains unlawfully in
3.motor home or vessel with cabin for sleeping and cooking

Citation:
Wash Rev. Code is the code we use 99% of the time.
-Never worrying about trying to create small caps
§ section symbol   ¶ paragraph symbol

x.x.x
1st Title
2nd Chapter
3rd Section
4th Subsection
After 3rd x it goes in (  )

Wash.Rev.Code § 4.04

if it uses hyphens use hyphens
if commas use commas

16.238.129(b)(ii)

Writing Moment
Legal Writing is formal writing
-no contractions, wasn't, couldn't

It's = it is  never used because it is a contraction
Its = possessive



HOMEWORK
Project 1:

Service of Process Case


Fact's of Ms. Richmond's case
-auto accident (probably at fault)
-lawsuit filed against her and insurance company
--needed to serve insurance and Richmond
----served Kathy Berger instead (15 year old daughter of Carol Berger (roommates))
-------Kathy is average intelligence, head cheerleader, minor, repeated grades, took US government class, community involved with Girl Scouts, her mother is away on business overnight
(data received from interview with Kathy and local resources that know her)

Was the paperwork improperly served?  

-summons used to let her know she was being sued
--lets her know so she can defend herself
---possible default if you don't know (automatic loss)
-if you don't serve properly the lawsuit is gone, you lose the right to the lawsuit when improperly filed

Plaintiff is Mr. Tony Watson 
-case is dependant on both being served
-he could attempt to just sue the insurance company but the case would fall apart without the other party involved
-he did not attempt to refile and submit before the limit on the term

--Read the precedent setting case
--Find the Statute on Process of Service


Research Plan for Homework:

1.Identify legal issue
Was the service on the 15 year old girl who resided with the defendant but was not related to her effective?

2.Determine governing law
Where did the act take place?  WA   Make a list of sources like statutes, rules, cases, constitution.  Every hint your boss gives you take!  -there is a statute 

3.Determinate sources of the law
RCW, RCWA, WA Case Law, Washington Practice (hit an element that makes you wonder)  Check the case law to check that element

4.Develop search terms
What are your search terms?
Service of process, starting an action, beginning a lawsuit, commencing a lawsuit

RCW website:  online
Title 4 RCW Civil Procedure
-Commencement of actions 4.28 looks good
---read through the sections and find the one that matches the case
---read exactly how Kathy got the papers handed to her to find which of the sections to pick
----break that section in the elements

http://www.apps.leg.wa.gov/rcw

What isn't available in the RCW that is in the RCWA?
-The notes of decision.  In the case law.

---Substitute service of statute will show you need the case laws
---Use the RCWA to find them
------Note 23 Personal Service in General
---------lots of cases to look at, see if any of them matches (2 of them will help)
-------------"Debtor's 15 year old" and "Substitute service does not" PULL THESE CASES in the reporter and copy them ( you can print them from Westlaw or one reporter

Bring the Supreme Court Case and the Appellate Court decision to class.