Solution Manual for Introduction to Law, 6th Edition

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Solution ManualforIntroduction to LawSixth EditionJoanne Banker HamesDeAnza Community CollegeYvonne EkernSanta Clara University, School of LawInstructor’s Manual and Testbank prepared byMark Morrison

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iiiCONTENTSContentsiiiTestBank Word ExportsivTo the InstructorvSyllabiviChapter 1: Introduction to Law1Chapter 2: The U.S. Legal System4Chapter 3: The Courts and Legal Personnel9Chapter 4: Finding the Law: Legal Research12Chapter 5: Using the Law: Legal Analysis and Writing14Chapter 6: Constitutional Law17Chapter 7: Tort Law19Chapter 8: Family Law22Chapter 9: Estate Planning: Wills, Trusts, and Probate27Chapter 10: Contract and Property Law29Chapter 11: The Business Environment33Chapter 12: Civil Procedure Before Trial37Chapter 13: Alternative Dispute Resolution41Chapter 14: Criminal Practice: Criminal Law and Juvenile Law45Chapter 15: Criminal Procedure before Trial47Chapter 16: Rules of Evidence50Chapter 17: The Trial53Chapter 18: Alternative Dispute Resolution55

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1Chapter 1Introduction to LawCHAPTER OVERVIEWChapter 1 provides an overview of the nature of law and its historical origins andphilosophical theories. This chapter also explains some of the more common categories oflaw, including the sources of law, the distinction between substantive and procedural law andthe differences between criminal and civil law.CHAPTER OBJECTIVES1.Define the term law.2.List some of the historical origins of law.3.Explain the basic concepts of a civil law legal system.4.Explain the basic concepts of a common law legal system.5.List and describe three major philosophical theories of law.6.List three important categories of law.7.Explain the purpose of substantive laws.8.Explain the purpose of procedural laws.9.Provide examples of substantive criminal laws and substantive civil laws.10.Compare and contrast procedures in a criminal case with procedures in a civil case.LECTURE OUTLINE1.Case File – Centerville News: March 102.Introduction3.What Law Is4.Categories of Law5.Chapter Cases6.Case SummariesLIST OF CHANGES/TRANSITION GUIDEFeedback from instructors and students who use this text confirmed that the basicorganization and features of this textbook are successful. Students especially appreciate theextensive key term definitions in the margin, the interesting cases, and the wide use ofcommon hypothetical cases to explain the application of legal principles. These featuresremain in the text. However, the law is not, nor will it ever be, a static entity. Any usefultextbook dealing with the law must reflect these changes. As a result, our goal in this editionis to also provide students with the following.•Updates to the law and exhibits containing current legal forms and court documents•A broader view of some of the substantive and procedural areas of law•Updated information on the use of technology in law practice•Discussion of new court cases illustrating current trends in the development of ourlaws•More practice in building critical thinking skills with additional case questions andend-of-chapter exercises.All chapters have been reviewed, edited, and updated so as to contain current law and legalforms.

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2QUESTIONS FOR REVIEWSuggested answers:1.A set of rules and procedures usually intended to regulate some aspect of society.2.Code of Hammurabi and the Napoleonic Code.3.Stare decisis / Medieval England4.A civil law legal system is based on written laws or codes. A common law legalsystem is developed through the courts.5.Study of philosophy of law.6.Natural theory of law is a philosophical theory holding that law reflects the moral andunchangeable laws of nature. Legal positivism is a philosophical theory holding thatthe validity of law is not related to morality. Legal realism is a philosophical theorythat laws are created by judges and therefore subject to individual beliefs andprejudices.7.U.S. laws generally stem from one of three sources: a constitution, a statute, or a casedecision; they are known accordingly as constitutional law, statutory law, or case law.8.Substantive laws are laws that define our rights and obligations. Procedural laws arelaws that dictate how we enforce our rights and obligations.9.Due process of law.10.Procedural laws or rules tell us how we enforce substantive rights. Often, these rulesdeal with the court process. Where a lawsuit should be filed, what the time limit is forfiling the action, and what type of papers must be filed in court are all questions ofprocedural law. The answers to these types of procedural questions are generallyfound in statutory law or rules of court. Rules of court are laws that are adopted byvarious courts with power given to the courts by the legislature. However, in bothcriminal and civil cases both constitutional and case law are sometimes important indetermining the procedures that must be followed. In the area of criminal law, theU.S. Constitution specifies several procedures that must be followed by police, byprosecutors, and by the court. For example, in criminal cases, a defendant has theright to have an attorney. The defendant also has a right to due process of law. In thearea of civil law, the selection of the proper court in which to initiate the lawsuit issometimes a problem. Civil lawsuits must be filed in a court that has jurisdiction.Jurisdiction is a complicated legal subject, but refers to the fact that the court musthave the power or authority to hear a case. The U.S. Constitution limits the types ofcases that can be brought in federal courts. The concept of due process of law alsoapplies to jurisdiction and limits the rights of courts to hear cases against defendantswho do not reside within the state in which the court is located. This is anincreasingly important issue with the amount of business done over the Internet.When constitutional procedural issues arise, courts are often required to determinehow the Constitution applies to the specific facts of the case.APPLICATION AND ANALYSIS PROBLEMSSuggested Answers:1.The landlord in Smith was not allowed to refuse to rent. The court stated that thelandlord’s religious beliefs “may not permit her to rent to unmarried cohabitants, butthe right of free exercise does not relieve an individual of the obligation to complywith a valid and neutral law of general applicability on the ground that the lawproscribes conduct that his religion prescribes.” (p. 1161)

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32.In ‘North Coast Woman’s Care Medical Group’ the court stated that California has acivil rights law that prevents a business from discriminating based on sexualorientation. Because this is a valid and neutral law, the doctors had no FirstAmendment right to discriminate.3.The action against the officers was civil and not involving the state or any criminallaw.4.This is a criminal case. It resulted from the commission of a crime and was broughtby the state, not the victim.5.Answers will vary.ASSIGNMENTS AND PROJECTSSuggested answers:1.Answers will vary.2.Answers will vary.3.Answers will vary.SKILLS ASSESSMENTSuggested answers:1.This is a civil case resulting from a civil lawsuit filed by a rape victim under 42U.S.C. § 13981.2.(a.) Criminal. (b.) Civil.3.(a.) Criminal. (b.) Eighth and Fourteenth Amendments. (c.) The Court looked atrecent history and examined how state legislatures and the international communityhad been eliminating the death penalty for juveniles. (d.) The Court considered thehumanity of the death penalty, the national and international consensus against theuse of the death penalty on juveniles and weighed the nature of the penalty against theimmaturity and lack of judgment of juveniles.

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4Chapter 2The U.S. Legal SystemCHAPTER OVERVIEWChapter 2 provides an overview of the U.S. legal system. Included is a discussion of theconcept of federalism. The different branches of federal and state governments arediscussed. The three major sources of laws, constitutions, case law and statutory law, aredefined and explained.OBJECTIVES1.Explain the concept of federalism.2.Describe the power of the federal government to make laws and identify the source ofthat power.3.Discuss the limits on the right of the states to make laws.4.Explain the difference between exclusive and concurrent jurisdiction as related to thelaw-making process.5.Explain how the Supremacy Clause relates to the law-making power of the states.6.Identify and describe the function of each branch of the federal government.7.Describe role of the U.S. Constitution and state constitutions.8.Explain how the concept of precedent or stare decisis operates today.9.Compare and contrast case law and statutory law.10.Outline the legislative process for the enactment of laws.LECTURE OUTLINE1.Case File – The Richfield Matters2.Introduction3.Federalism – the Relationship Between Federal and State Government4.The Federal Government and the Legal System5.State Governments and the Legal System6.Sources of U.S. Law7.Chapter Cases8.Case SummariesLIST OF CHANGES/TRANSITION GUIDEFeedback from instructors and students who use this text confirmed that the basicorganization and features of this textbook are successful. Students especially appreciate theextensive key term definitions in the margin, the interesting cases, and the wide use ofcommon hypothetical cases to explain the application of legal principles. These featuresremain in the text. However, the law is not, nor will it ever be, a static entity. Any usefultextbook dealing with the law must reflect these changes. As a result, our goal in this editionis to also provide students with the following.•Updates to the law and exhibits containing current legal forms and court documents•A broader view of some of the substantive and procedural areas of law•Updated information on the use of technology in law practice•Discussion of new court cases illustrating current trends in the development of ourlaws•More practice in building critical thinking skills with additional case questions andend-of-chapter exercises.

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5All chapters have been reviewed, edited, and updated so as to contain current law and legalforms.QUESTIONS FOR REVIEWSuggested answers:1.Federalism is a system of government in which the people are regulated by bothfederal and state governments.2.The power of the federal government to regulate and make laws is limited by the U.S.Constitution, which grants express and implied powers to regulate. Express powersare granted to the U.S. Congress in Article I, Section 8 of the Constitution, whichgives Congress the right to regulate such matters as the coining of money, the postoffice, and the military. (See Figure 2–1 entitled “Powers Granted to the U.S.Congress” for a more complete list of these powers.) Along with the express powers,the federal government also has the power to make all laws that are necessary andproper for executing any of the stated powers. When Congress makes laws under thisprovision, it is using its implied powers. Implied powers must be related to one of theexpress powers. Matters that are not within the express or implied powers of thefederal government are generally left to the states to regulate. The Tenth Amendmentto the U.S. Constitution provides, “The powers not delegated to the United States bythe Constitution, nor prohibited by it to the States, are reserved to the States,respectively, or to the people.” As a practical matter, however, the power of thefederal government to pass laws and to regulate is extensive. One reason for this isthat the Supreme Court has given a broad interpretation to the Commerce Clause.This clause gives the federal government the right to regulate interstate commerce. Inthe past, the Court has liberally interpreted this power. For example, Congress usedthis section to justify numerous laws, including civil rights legislation.3.Because there are areas of concurrent jurisdiction, conflicts sometimes exist betweenlaws made by the federal government and laws made by states. Where a conflictexists, federal law controls. This is because of the Supremacy Clause of theConstitution (Article VI): “This Constitution, and the Laws of the United Stateswhich shall be made in Pursuance thereof… shall be the supreme Law of the Land;and the Judges in every State shall be bound thereby, any Thing in the Constitution orLaws of any State to the Contrary notwithstanding.” When a state passes a law thatconflicts with the Constitution, the U.S. Supreme Court has the power to declare thatstate law unconstitutional and unenforceable.4.Concurrent jurisdiction is where more than one entity has the power to regulate or act.Exclusive jurisdiction isthe sole power or authority to actin a certain situation.5.Because there are areas of concurrent jurisdiction, conflicts sometimes exist betweenlaws made by the federal government and laws made by states. Where a conflictexists, federal law controls. This is because of theSupremacy Clauseof theConstitution (Article VI): “This Constitution, and the Laws of the United Stateswhich shall be made in Pursuance thereof… shall be the supreme Law of the Land;and the Judges in every State shall be bound thereby, any Thing in the Constitution orLaws of any State to the Contrary notwithstanding.” When a state passes a law thatconflicts with the Constitution, the U.S. Supreme Court has the power to declare thatstate law unconstitutional and unenforceable.6.Executive, legislative and judicial.

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67.The primary purpose and function of the U.S. Constitution and the state constitutionsis to establish a government and define its powers.8.All case law originates with a controversy between two or more parties. The partiesbring the controversy before a court, asking the court to resolve the dispute. Thecontroversy must be a real, legitimate dispute, not something fabricated for bringing itto court. It is not the function of the court, nor does the court have authority, to renderadvisory opinions to individuals. Once a court is presented with a real, factualdispute, it then has the power to resolve that dispute by applying appropriate legalprinciples. The power of the court is, however, limited by the facts actually presented.Because the law in each case is limited by the facts, the development of a thoroughbody of law through the case method is a slow process. Nevertheless, many importantareas of law, both criminal and civil, have developed, and are continuing to developin this manner. To see exactly how legal principles develop, a review of the history ofthe right to an attorney in state criminal cases provides a good example. The basic lawinvolved is the Fourteenth Amendment, which provides that no state may deny anindividual due process of law. The question for court interpretation involves theobligation of the state to provide lawyers, free of charge, for indigent defendants.9.Although the concept ofstare decisishelps to bring consistency to court decisions, itdoes not apply to every case decided by courts. In the U.S. legal system, the conceptis limited in the following ways: (1)Stare decisisapplies only when alowercourt isfaced with a factual situation that was decided by ahighercourt. Assume that a courtsystem consists of a supreme court, an intermediate appellate court, and a trial court.Cases from the Supreme Court arestare decisisfor cases heard in the appellate courtand the trial courts. Cases from the appellate courts arestare decisisfor cases heard inthe trial courts, but not other appellate courts or the Supreme Court. Cases from thetrial court are notstare decisisbecause there is no lower court. (2) Decisions of statecourts arestare decisisonly within the state where they are decided. (3)Stare decisisapplies only when the court orders that the opinion be published. All cases decided bythe U.S. Supreme Court are published. However, the various courts of appeals in alljurisdictions decide many cases that never become binding case law (case law thatmust be followed by lower courts). Appellate court cases are generally published onlyif they contain a new interpretation or clarification of law.10.The enactment of statutory law is usually a lengthy process consisting of thefollowing steps: (1) legislation proposed (2) bill introduced (3) bill referred tocommittee (4) bill voted on by legislators (5) action passed by other house (6)executive optionsAPPLICATION AND ANALYSIS PROBLEMSSuggested answers:1.In Riegel, the Supreme Court held that the MDA’s (federal law regulating medicaldevices) pre-emption clause bars common-law claims challenging the safety oreffectiveness of a medical device marketed in a form that received premarketapproval from the FDA. Therefore, petitioner’s common-law claims were pre-empted because they were based upon New York “requirement[s]” with respect toMedtronic’s catheter that were “different from, or in addition to” the federal ones, andthat relate to safety and effectiveness.2.Answers will vary.3.The Supreme Court held it was a violation of the Eighth Amendment.

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74.Answers will vary.5.The case illustrates the power of judicial review. The Telecommunications Act of1996 was challenged by respondents. The Supreme Court agreed with the lowercourt that the act was unconstitutional and in violation of the First Amendment.ASSIGNMENTS AND PROJECTSSuggested answers:1.(a.) Fourth Amendment. The shooting was part of the arrest, and the FourthAmendment states that arrests must be reasonable. Fourth, Fifth, Sixth, Eighth, andFourteenth Amendments of the United States Constitution also apply here. (b.) Tenn.Code Ann. § 40 7 108 (1982). (c.) The Court did not strike down the Tennesseestatute in its entirety, only as applied in this type of situation. “It is not, however,unconstitutional on its face. Where the officer has probable cause to believe that thesuspect poses a threat of serious physical harm, either to the officer or to others, it isnot constitutionally unreasonable to prevent escape by using deadly force. Thus, ifthe suspect threatens the officer with a weapon or there is probable cause to believethat he has committed a crime involving the infliction or threatened infliction ofserious physical harm, deadly force may be used if necessary to prevent escape and if,where feasible, some warning has been given. As applied in such circumstances, theTennessee statute would pass constitutional muster.” (d.) The Court discusses thecommon-law rule that one can use deadly force against a fleeing felon. (e) Thecommon-law rule applied to a time when the killing of a resisting or fleeing felonresulted in no greater consequences than those authorized for punishment of thefelony of which the individual was charged or suspected. Courts have also justifiedthe common law rule by emphasizing the relative dangerousness of felons. Neither ofthese justifications makes sense today. Almost all crimes formerly punishable bydeath no longer can be. And while in earlier times the gulf between the felonies andthe minor offenses was broad and deep, today the distinction is minor and oftenarbitrary. Many crimes classified as misdemeanors, or nonexistent, at common laware now felonies. These changes have undermined the concept, which wasquestionable to begin with, that use of deadly force against a fleeing felon is merely aspeedier execution of someone who has already forfeited his life. They have alsomade untenable the assumption that a “felon” is more dangerous than amisdemeanant. There is an additional reason why the common law rule cannot bedirectly translated to the present day. The common law rule developed at a timewhen weapons were rudimentary. Deadly force could be inflicted almost solely in ahand to hand struggle during which, necessarily, the safety of the arresting officerwas at risk. Handguns were not carried by police officers until the latter half of thelast century. Only then did it become possible to use deadly force from a distance asa means of apprehension. As a practical matter, the use of deadly force under thestandard articulation of the common law rule has an altogether different meaning—and harsher consequences – now than in past centuries. (f.) Yes, this case wouldapply to Rambeaux. “A police officer may arrest a person if he has probable cause tobelieve that person committed a crime. United States v. Watson, 423 U.S. 411 (1976).Petitioners and appellant argue that if this requirement is satisfied the FourthAmendment has nothing to say about how that seizure is made. This submissionignores the many cases in which this Court, by balancing the extent of the intrusionagainst the need for it, has examined the reasonableness of the manner in which a

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8search or seizure is conducted. It is plain that reasonableness depends on not onlywhen a seizure is made, but also how it is carried out.” Rambeaux is accused of usingexcessive force in making an arrest. How he made the arrest is an issue. This casewould apply.2.They would have to try to get local authorities to pass a law. Since there is noexisting controversy, there can be no court case.3.They could try to get the city legislative body to repeal the law. Alternatively, theycould file a lawsuit, but they would probably have to violate the curfew and be citedfor it.4.Statutory and case law.SKILLS ASSESSMENTSuggested answers:1.Answers will vary.

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9Chapter 3The Courts and Legal PersonnelCHAPTER OVERVIEWChapter 3 explores the federal and state court systems and the various personnel found in theU.S. legal system.OBJECTIVES1.Describe the structure of the federal court system.2.Explain the role of the U.S. district courts.3.Explain the role of the U.S. courts of appeals.4.Explain the role of the U.S. Supreme Court.5.Describe the basic structure of state court systems.6.Explain the circumstances in which the federal courts have jurisdiction.7.Describe the selection process for federal judges.8.List and describe the various personnel working in the U.S. legal system.9.Summarize general standards of ethical conduct for judges and judicial employees.10.Summarize general standards of ethical conduct for lawyers, paralegals, and criminaljustice professionals.LECTURE OUTLINE1.The Courts And Their Roles2.The Judiciary3.The Legal Community4.Ethics and Professional Conduct5.Chapter Cases6.Case SummariesLIST OF CHANGES/TRANSITION GUIDEChapter 3 contains new discussion of administrative hearing representatives and businessethics.QUESTIONS FOR REVIEWSuggested answers:1.The U.S. Constitution provides for the establishment of a Supreme Court and suchinferior courts as Congress may establish. As a result of laws enacted by Congress,the federal court structure now consists of trial courts (primarily the U.S. districtcourts, but also various specialized courts), appellate courts (U.S. courts of appeals),and one Supreme Court. The courts are arranged much like a pyramid, with theSupreme Court at the top, the courts of appeals in the middle, and the district courts atthe bottom.2.District courts are courts of original jurisdiction, or more simply, trial courts.3.As the name suggests, a U.S. court of appeals is primarily a court of appellatejurisdiction; that is, a court of review. In our legal system, parties in most cases havethe right to have an appellate court review of what happened at the trial court.4.The Supreme Court is primarily a court of review (i.e., it exercises appellatejurisdiction). It hears cases from the lower federal courts. It can also hear cases thatoriginated in the state courts if the case involves a constitutional issue or a question of

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10federal law. If the issues in the case relate only to state law, then the Supreme Courthas no authority to hear the case. In most instances, the Supreme Court hasdiscretionary power to review cases. It often exercises that power in cases of majorimportance or in cases where the lower courts are in disagreement regarding the lawto be applied.5.State court systems are established and organized according to state law. The variousstate systems resemble the federal system. All states have trial courts and courts ofreview. Some states, like the federal system, have three tiers of courts: trial courts,intermediate appellate courts, and a court of last review. The function of trial courtsand appellate courts is similar to that of their federal counterparts, although the namesof the various courts are often different.6.Federal district courts have jurisdiction over all cases involving federal law.7.Federal judges are nominated by the President and confirmed by the Senate.8.Court clerk: assists the court and the judge by filing documents, marking andsafeguarding evidence, reviewing documents that are submitted to the judge, andperforming other similar tasks. Court reporter: records the testimony that takes placeduring the open court proceedings; the court reporter will produce a transcript.Bailiff: responsible for the safety of the judge and for order within the courtroom;sometimes known as a court deputy or court attendant.9.For judges: (1) A Judge Should Uphold the Integrity and Independence of theJudiciary (2) A Judge Should Avoid Impropriety and the Appearance of Improprietyin All Activities (3) A Judge Should Perform the Duties of the Office Impartially andDiligently (4) A Judge May Engage in Extra-Judicial Activities to Improve the Law,the Legal System, and the Administration of Justice (5) A Judge Should RegulateExtra-Judicial Activities to Minimize the Risk of Conflict with Judicial Duties (6) AJudge Should Regularly File Reports of Compensation Received for Law-Related andExtra-Judicial Activities (7) A Judge Should Refrain from Political Activity – Forjudicial employees: (1) a judicial employee should uphold the integrity andindependence of the judiciary and of the judicial employee’s office (2) a judicialemployee should avoid impropriety and the appearance of impropriety in all activities(3) a judicial employee should adhere to appropriate standards in performing theduties of the office10.Lawyers: All members of the legal profession, including attorneys, paralegals, andsupport staff, are bound by ethical standards. When a lawyer agrees to represent aclient, a special relationship is created between the lawyer and the client. Thisfiduciary relationship means that the attorney must exercise the highest degree of trustand care with that client. The relationship carries with it various duties or obligationsfor the attorney in handling the case. Attorneys also have obligations to the court,especially with respect to honesty and candor – Paralegals: A paralegal workingunder the supervision of a lawyer must also follow the ethical rules that governattorneys. Because paralegals are not licensed, they are not subject to any disciplinaryaction by a state bar. If a paralegal violates any of the standards, however, otherpenalties might result.APPLICATION AND ANALYSIS PROBLEMSSuggested answers:1.Answers will vary.2.Answers will vary.

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113.(a) In this case the appellate court found no ethical violation because the judges“rudeness” did not interfere with effective administration of the courts. (b) The courtfound no ethical violation here saying that any error here was one related to a legalquestion and had nothing to do with proper judicial conduct. (c) The court found noethical violation because the parties eventually received what they asked for andtherefore there was no interference in the expeditious administration of the courts. (d)The judge did nothing to interfere with the defendant’s rights in this case and hisslight involvement with the defendant years earlier caused no harm. The court foundno ethical violation. (e) Answers will vary.4.Conflict of interest.5.Answers will vary.6.Answers will vary, but the prosecution has an obligation to provide exculpatoryevidence to the defense.7.Answers will vary, but the defense has no obligation to provide this information tothe prosecution.8.Answers will vary.ASSIGNMENTS AND PROJECTSSuggested answers:1.Answers will vary.2.Answers will vary.3.Answers will vary.SKILLS ASSESSMENTSuggested answers:1.Answers will vary.

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12Chapter 4Finding the Law: Legal ResearchCHAPTER OVERVIEWChapter 4 explores basic legal research and common research methods.CHAPTER OBJECTIVES1.Describe the differences between primary legal research sources and secondary legalresearch sources.2.Identify the categories of primary and secondary legal research sources.3.Analyze the facts of a client’s case.4.Compare the facts of a client’s case with the facts of a published (reported) case.5.Identify basic legal issues.6.Identify relevant facts.7.List and describe the factual categories into which facts often fall.8.Explain the differences between dictionaries, legal encyclopedias, form books, legalperiodicals, treatises, and digests.9.Explain where case law is located.10.Explain the similarities and differences between federal case law and state case lawpublications.11.List and define the components of case law.12.Identify the elements of simple statutes.LECTURE OUTLINE1.Case File – The Welch Family Law Matter2.Introduction to Legal Research Using Print Resources3.Before You Begin4.Where to Begin Research5.Case Law6.Statutory Law7.Introduction to Computer-Assisted Legal Research (CALR)8.Chapter CaseLIST OF CHANGES/TRANSITION GUIDEChapter 4 contains a complete revision and update of the section on computer-assistedresearch.QUESTIONS FOR REVIEWSuggested answers:1.Primary sources include constitutions, statutes, and case law. Secondary sourcesinclude dictionaries, digests and citators.2.Relevant facts are key or significant facts. Explanatory facts are facts that help theresearcher understand what happened. Unnecessary facts are irrelevant to the legalissue.3.A legal encyclopedia is a collection of legal information; a secondary source of thelaw.4.A collection of reported cases.

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135.The example set by the decision of an earlier court for similar cases or similar legalquestions that arise in later cases.6.The pocket part is a removable supplement to a volume of statutory law. The pocketpart is located in a slip pocket in the back of the volume. This is how the codes (andmany other legal materials) are kept current.7.Lexis Advance, Westlaw, and Bloomberg Law.8.(1) http://www.gpo.gov/fdsys (2) http://www.uscourts.gov (3)http://www.law.cornell.edu9.(1) Although computer search capabilities are continually improving, at times youmay have problems with misspelled words, typographical errors, or use of synonyms(2) a tendency to overuse hyperlinks can result in unorganized (and lost) research (3)the use of Lexis and Westlaw can be costly10.Boolean is a special logic used in computerized legal research; uses connectivewords.APPLICATION AND ANALYSIS PROBLEMSSuggested answers:1.(a) Bobby met all of the elements of the statute (1) he committed an assault (2) heused a firearm (3) the assault was upon a law enforcement officer (4) the officer wasin the performance of his duties. (b) Bobby did not violate the statute because itrequires that the assault be on a law enforcement officer. Security guards are notconsidered law enforcement.2.Answers will vary.3.Section 1139 in Figure 4-2 is taken from an encyclopedia (California Jurisprudence.)In Welsh this section provides the researcher with background informationconcerning the law regarding support modification and leads the reader to primarysources. The researcher should use this section to obtain an overview of the law andto identify primary sources to be consulted.ASSIGNMENTS AND PROJECTSSuggested answers:1.Answers will vary.2.491 U.S. 274: Missouri v. Jenkins, 491 U.S. 274 (1989)372 U.S. 335: Gideon v. Wainwright, 372 U.S. 335 (963)367 U.S. 643: Mapp v. Ohio, 367 U.S. 643 (1961)384 U.S. 436: Miranda v. Ariz., 384 U.S. 436 (1966)474 U.S. 82: Heath v. Ala., 474 U.S. 82 (1985)SKILLS ASSESSMENTSuggested answers:1.Answers will vary.

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