Connecticut Law School 1L Study Guide for Legal Research and Writing
I. Introduction to Legal Research and Writing
– Understanding Precedent: Know how to identify binding versus persuasive precedent. In Connecticut, binding precedent comes from the Connecticut Supreme Court and appellate courts.
– Primary Sources: Includes statutes, case law, and regulations. For Connecticut, you should focus on the Connecticut General Statutes and cases from Connecticut courts.
– Secondary Sources: Legal encyclopedias, treatises, law review articles, and restatements that provide commentary and analysis of legal issues.
II. Legal Research
– Statutory Research: Learn how to use the Connecticut General Statutes Annotated for comprehensive statutory research.
– Case Law Research: Familiarize yourself with using Connecticut Reports and Connecticut Appellate Reports for researching state case law.
– Administrative Regulations: Understand how to find and interpret regulations within the Connecticut Regulations.
– Electronic Databases: Effective use of databases such as Westlaw, LexisNexis, and Bloomberg Law for Connecticut-specific research.
– Citation Formats: Comprehend the Connecticut citation rules and The Bluebook for legal documents.
III. Legal Analysis
– IRAC Method: Issue, Rule, Analysis, and Conclusion format for structuring legal arguments.
– Case Briefing: Practice briefing cases to distill relevant facts, legal issues, rules, and the court’s reasoning.
– Synthesizing Case Law: Develop skills to compare and contrast cases to understand the evolution of legal principles.
IV. Legal Writing
– Predictive Writing: Learn to draft objective memos and legal predictions following the IRAC structure.
– Persuasive Writing: Techniques for drafting persuasive briefs and motions.
– Drafting Statutes and Regulations: Understand the process and precision required in drafting legislative and regulatory texts.
– Editing and Citation Checking: Master proper citation form and the importance of thorough editing.
V. Case Law: Key Connecticut Cases
- State v. Geisler (1992)
- Issue: What factors should Connecticut courts consider when determining if a particular search or seizure has violated Article First, Sections 7 and 9, of the Connecticut Constitution?
- Rule: Connecticut courts should consider a six-factor test: (1) textual language, (2) holdings and dicta of the U.S. Supreme Court, (3) federal constitutional and statutory provisions, (4) Connecticut precedent, (5) pre-statehood history, and (6) economic and sociological considerations.
- Analysis: The court held that these factors provide a comprehensive framework for constitutional interpretation, particularly when state constitutional provisions are analyzed.
- Conclusion: The six-factor test was established to guide Connecticut courts in constitutional analysis.
- Kerrigan v. Commissioner of Public Health (2008)
- Issue: Does denying same-sex couples the right to marry violate the Connecticut Constitution?
- Rule: The Connecticut Constitution protects the right to marry as a fundamental right.
- Analysis: The Connecticut Supreme Court found that there was no sufficient justification to exclude same-sex couples from the right to marry, as doing so violated the equality and liberty provisions of the state constitution.
- Conclusion: The court ruled in favor of the plaintiffs, effectively legalizing same-sex marriage in Connecticut.
VI. Practical Exercises
– Legal Research: Conduct a legislative history analysis for a Connecticut statute.
– Brief Writing: Prepare a case brief for a recent Connecticut Supreme Court decision following the IRAC method.
– Memo Writing: Draft a legal memorandum addressing a hypothetical legal issue under Connecticut law.
– Oral Advocacy: Practice presenting a legal argument for a moot court based on a Connecticut appellate case.
VII. Connecticut-Specific Law Practice
– Connecticut Practice Book: Familiarize with the rules governing legal practice in Connecticut.
– Professional Responsibility: Understand the Connecticut Rules of Professional Conduct for attorneys.
– Client Communication: Learn best practices for communicating with clients in a legal setting, including confidentiality and privilege under Connecticut law.
VIII. Examination Preparation
– Practice Problems: Work through hypotheticals to apply Connecticut law to new factual scenarios.
– Outlining: Create detailed outlines for each topic covered in class, emphasizing Connecticut-specific laws and procedures.
– Old Exams: Review past Connecticut law school exams to understand the format and types of questions asked.
– Study Groups: Form study groups to discuss and analyze Connecticut legal issues and cases in depth.
This study guide provides a foundational framework for a 1L law student preparing for a legal research and writing exam, with a focus on Connecticut law. It covers key research methods, writing techniques, and case law, and it emphasizes the importance of applying these skills specifically within the Connecticut legal context.