LEGAL RESEARCH
EdmondsCommunity College
Third Drill Exercise
The aim of this drill exercise is to familiarize students with session laws and code books (federal and state). Please use hardbound materials, contact me should have questions.
Part One The questions listed below can be answered by using that set of volumes known as United States Statutes At Large.
1. Make use of that volume which covers the activities of the 89th United States Congress and answer the following questions:
a. The first public law passed by the 89th Congress concerned what topic?
b. This Congress passed a law concerning clean air and motor vehicles-identify the public law that took these steps.
c. The 89th Congress enacted a private law for the benefit of the University of Washington. What was the number of that law and what did the University of Washington receive?
2. Make use of that volume which covers the activities of the 97th United States Congress and answer the following questions:
a. The first public law passed by the 97th Congress in its second session (one hundred forty-five laws were passed in the first session) concerned what topic? The first private law passed by this Congress (twelve were passed in the first session) concerned what topic?
b. This Congress passed legislation making the use of false identification a crime. What is the largest fine that can be imposed for violating this new law?
c. The four hundred and twenty fifth law passed by this Congress concerned what subject?
3. Find that volume which reports on the activities of the 107th Congress of the United States (second session) and answer the following questions:
a.. The first public law passed by this Congress in its second session concerned what subject? The first private law passed by this Congress concerned what subject?
b. The two hundred and fifty eighth law passed by this Congress does what?
c. On what page would one find the Homeland Security Act of 2002?
Part Two Using those volumes making up the set known as United States Code Annotated (U.S.C.A.) answer any nine of the ten questions which appear below. Should U.S.C.A. be unavailable feel free to make use of United States Code Service (U.S.C.S.).
1. Identify by title and section the federal law which allows issuance of a deed (also
known as a patent) to an occupant who claims federal land under the theory known
as adverse possession. What does the law say regarding ownership of the coal and other minerals contained on such lands?
LEGAL RESEARCH
EdmondsCommunity College
Third Drill Exercise-Page Two
2. Federal civil rights legislation has resulted in the creation of a Commission on Civil Rights. How is the chairman of this body designated? Identify the relevant law and explain.
3. Jones carries dynamite and a dangerous weapon aboard a ship. Is this a violation of federal law? Identify the relevant law and explain what, if anything, which could happen to Jones.
4. Examine the findings section of the Women’s Educational Equity Act of 2002. Identify this section and tell me what it says about girls and mathematics and science courses.
5. According to federal law what is the smallest number of persons who can constitute a grand jury. Identify the applicable law and provide the number.
6. What does federal law say about competitive bidding for leases of land in areas previously not know to contain geothermal resources? Identify the relevant law and indicate what it allows.
7. Federal law defines “deepwater ports.” Find the definition and explain whether or not ships and vessels fit under this definition. Identify a federal case, which interpreted this law.
8. A grocery store chain is planning a new series of ads some of which will represent oleomargarine as a dairy product. Does federal law bar such activity as a misleading ad? Identify the relevant law and explain your answer. Have there ever been any law review articles written on this particular provision of the federal law? If so, name the relevant law school.
9. In a tort lawsuit against the United States can a plaintiff collect punitive damages or is this a liability federal law precludes? Identify a legal encyclopedia and the topic under which one could find general information on this subject.
10. Who (whom) is Woodsy Owl? What law explains or defines him (her, it)? Explain.
Part Three Using that set of volumes know as United States Code Service (U.S.C.S.) answer any four of the five questions which appear below. Should United States Code Service be unavailable feel free to use United States Code Annotated (U.S.C.A.)
LEGAL RESEARCH
EdmondsCommunity College
Third Drill Exercise-Page Three
1. The mayor of Seattle is interested in enterprise zone development. What federal law speaks to the designation of “enterprise zones” and what federal official has primary responsibility for making such designations? Which Congress passed this law and in what year?
2. A cadet at the United StatesMilitaryAcademy is suspected of hazing an underclassperson. Under federal law who is responsible for defining the term “hazing” and what is the impact on this particular cadet if dismissed due to this behavior. Identify the applicable law.
3. Find the law, which defines the term “Bell Operating Company.” Does U.S. West Communications Company fall under this definition?
4. Using the volume of USCS containing International Agreements, find the Berne Convention (as revised) and tell me what area of law it concerns?
5. Using this same volume find a reference to the Warsaw Convention and tell me the subject matter which this agreement covers.
Part Four-Using that set of volumes known as Laws of Washington answer the following questions.
1. Answer the following questions using those volumes, which cover the WashingtonState legislature's regular session in 1967.
a. The first law (note-all laws may be identified by chapter number) passed by the WashingtonState legislature in its 1967 regular session concerned what subject?
b. Identify the law passed by this legislature that concerned municipal corporations and tort liability. What is the effect of this law?
c. What law passed by this legislature concerns exemptions from jury service?
2. Answer the following questions using those volumes, which cover the Washington state legislature's activities during the 1991 session(s).
a. The first law passed by the WashingtonState legislature in its 1991 special session concerned what topic?
b. Identify the major law passed by the state legislature concerning growth management.
c. Identify the law passed by the state legislature dealing with the low-level radioactive materials task force.
3. Answer the following questions using those volumes, which cover the Washington state
legislature's activities during the 2003 session(s).
a. The first law passed by the WashingtonState legislature in its 2003 regular session concerned what topic?
LEGAL RESEARCH
EdmondsCommunity College
Third Drill Exercise
Page Four
b. Identify the major law passed by the state legislature concerning hepatitis.
c. Was RCW 2.08.010 impacted by the action of this legislature? Explain. Identify the applicable law?
Part Five-The questions below can be answered by using the Revised Code of Washington (RCW).
1. Small Claims Courts
a. Identify the title and chapter in the RCW, which governs small claims courts.
b. What is the section in this chapter, which identifies the jurisdictional amount of money, defining whether or not one can use the small claims courts? What is that amount?
c. Under what circumstances can a lawyer represent an individual in small claims court? Identify the applicable title, chapter and section. Explain your answer.
d. When are appeals from small claims court barred? Identify the circumstances under which an appeal will not be allowed. Identify the relevant title, chapter and section.
e. What is the impact on a losing party who fails to pay a small claims judgment within thirty days of its being rendered?
2. Superior Courts (Do Not Use Sections from the Washington Constitution).
a. Identify the title and chapter in the RCW, which governs superior courts.
b. Under what title, section and chapter would you find the salary paid superior court judges?
c. Identify the title, chapter and section which tells how many judges are assigned to King County Superior Court. What is the special condition (see the statutory and historical notes) the legislature placed upon the government of KingCounty in exchange for granting these extra judges?
d. How often must superior court judges stand for election? Identify the relevant title, chapter and section.
e. Can a layperson serve as a judge pro tempore? Explain.
Part Six-The questions below can be answered by using United States Code Annotated or United States Codes Service (source for the United States Constitution), the Revised Code of Washington (source for the Washington state constitution) or the Seattle City Code (source for Seattle City Charter) or the Snohomish County Code (source for Snohomish County Charter).
1. Answer the following questions based on the provisions contained in the United States Constitution.
a. Where in this document are citizens granted the right to trial by jury in civil cases and under what conditions is this right granted?
b. Are United States senators and representatives immune from arrest. Identify the applicable constitutional provision and explain your answer.
LEGAL RESEARCH
EdmondsCommunity College
Third Drill Exercise
Page Five
c. Do the states have the power to enter into treaties and alliances? Identify the applicable provision and explain your answer.
2. Answer the following questions based on the provisions contained in the State of Washington Constitution.
a. Identify the location of the state constitution's due process clause.
b. Are this state's senators and representatives immune from arrest? Identify the applicable constitutional provision and explain your answer.
c. Is the state of Washington immune from lawsuit? Identify the applicable constitutional provision and explain your answer.
3. Answer either of the following questions based on information contained in the relevant local charter.
a. In what section of the Seattle City Charter is the law department established and what are the qualifications for City Attorney?
b. What section of the Snohomish County Charter establishes the office of Prosecuting Attorney and what are the duties of this office according to that section?
Part Seven-The questions below can be answered by using the Code of Federal Regulations (CFR) or the Washington Administrative Code (WAC).
1. Answer the following questions by using the Code of Federal Regulations (you need only supply title and part e.g. 66 CFR 890 unless more specific information is sought).
a. Which provision of the CFR governs fuel economy advertising for new cars?
b. Identify the provision of the CFR that contains rules for the federal Pell Grant program. How long is an undergraduate student eligible to receive such grants (identify the applicable CFR provision)?
c. Which provision of the CFR requires sex offender registration? Does this registration requirement apply to residents of the State of Maryland (identify the applicable provision and explain your answer)?
d. Identify the provision of the CFR barring Legal Services Corporation service recipients from initiating or participating in class action lawsuits. Does this regulation prevent serving as co-counsel in such a suit? Explain.
2. Answer the following questions by using the Washington Administrative Code (you need only supply title, chapter and section e.g. WAC 234-789-220 unless more specific information is sought).
a. Which provision of the WAC contains general provisions on the payment of lottery prizes?
LEGAL RESEARCH
EdmondsCommunity College
Third Drill Exercise
Page Six
b. Identify the provision of the WAC requiring background checks for those involved in foster care. Why are background checks done (cite the relevant WAC provision and explain why)?
c. Which provision of the WAC contains Washington’s disaster recovery program? What state agency determines who is eligible to receive grants from this program?
d. Identify the provision of the WAC governing EdmondsCommunity College. Examine the traffic rules-can a cyclist park his or her bicycle inside a college building?
Part Eight-(Secondary Sources-The Index To Legal Periodicals)
The Index to Legal Periodicals is a very useful tool for finding detailed and in-depth articles on a particular point of law. What the Index does is list alphabetically by author and by subject matter all articles published in law reviews and legal journals within a given period of time.
For example, if the research assignment concerned the topic of adverse possession based on mistake, one might look in that volume of the Index to Legal Periodicals covering September 1990 to August 1991 (the index comes out annually and covers all the periodicals for that particular year) and there find a reference to a Baylor University Law Review article on adverse possession in mistaken boundary cases. That particular article may or maynot contain information, which is of assistance. If useful articles are not revealed one could then go to the Index covering another year and again search for articles (usually the researcher will start with the most recent volume of the index and work their way backwards until the needed materials are found, that is assuming such an on point article exists).
The successful researcher is directed to an article by the Index through the use of abbreviations (the front of the Index contains a key identifying what publications are abbreviated in what manner).
Law reviews are scholarly journals covering diverse topics and are produced by law schools; law journals are also scholarly but are usually published only on a specific topic (e.g. environmental law, tax law etc). These publications contain an in-depth and detailed discussion of a specific area of the law with the author supporting his or her statements with extensive footnotes referring to applicable cases and statutes. An on point law review article can provide much helpful information.
LEGAL RESEARCH
EdmondsCommunity College
Third Drill Exercise
Page Seven
The Index to Legal Periodicals contain directions for use, abbreviations, a list of journals which are indexed, a list of subjects headings and an index listing in alphabetical order both authors and subjects-this listing is followed by the titles of articles which were written during this time frame along with references to the journal where the article appears. It is best to use the Index to Legal Periodicals only when one has an assignment that requires finding a great deal of in-depth information. Before making use of this tool be sure to consult your supervising attorney.
ASSIGNMENT-Examine the Index of Legal Periodicals covering the period between September of 1996 and August 2000. Our client’s home was destroyed in a flood however the insurance carrier refuses to pay the recently submitted claims. Please find and identify any law review articles on the topic of floods and/or flood insurance. William Lloyd Prosser is a leading authority on issues of liability-please identify any law review articles by or about Mr. Prosser. Our client is thinking of proceeding pro se-find and identify any American law review articles on the subject of attorneys fees and pro se litigants. Call me should you encounter problems.
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