This paper reviews Peter Jan Honigsberg's Legal Research, Writing and Analysis, part of the Gilbert Law Summary series aimed at first-year law students. The review examines the book's coverage of foundational legal concepts, the U.S. court system, statutory and constitutional research, case briefing techniques, administrative law resources, and the online legal databases LexisNexis and Westlaw. The reviewer praises the book's clear, methodical approach to legal research while noting that its treatment of legal writing and analysis is comparatively thin. Overall, the paper recommends the text as an essential starting reference for organizing legal research and understanding the mechanics of case study.
Each profession has its own set of rules and language, and the field of law is no exception. In order to effectively research, analyze, and write about any legal topic, it is imperative to have not only the correct tools but also the knowledge of how to best use them. One such resource that is recognized in the legal field as paramount to any student of the law is the Gilbert Law Summary series. Peter Jan Honigsberg's Legal Research, Writing and Analysis is particularly helpful for first-year law students and those seeking to improve their writing and research skills.
Honigsberg's summary is valuable mostly because of its straightforward approach to the very fundamentals of successful legal research. He begins by offering some basic definitions of the most common legal terms, such as the difference between "civil" and "criminal" cases, then moves into a fairly detailed outline of the United States court system. The author explores the basic types and responsibilities of each level of jurisdiction in the general court system, both at the federal and state levels.
A crucial part of the legal system includes the decisions that are reported for cases on all levels, and this book explains how decisions get reported. The author cautions legal researchers to be thorough in their work. As an example of a common mistake, Honigsberg advises students to avoid simply reading the summaries of cases, which are often written by editors and do not reflect the actual proceedings of the case.
Honigsberg spends a good portion of the book on how to best discover the most important information in legal codes and cases. Advice is given on proper citing of statutes, researching the Constitution, and exploring legislative history, including international law and treaties. Even though the book's references to online research seem slightly outdated, the advice on using internet databases and free governmental resources is still useful, including specific websites and online subscription information.
The real substance of the Gilbert Law Summary on legal research is found in the sections on case analysis. Again, Honigsberg nails down the basics by offering advice on how to actually understand and process the reading of legal cases. He states that the most obvious obstacle in legal case analysis is not finding the best case, but in being able to read and understand what is available.
The author goes into some detail on the correct way to write a brief of a particular case in order to streamline the important information for research purposes. An example of a fictitious United States Supreme Court decision is given in full, then briefed for the reader to see exactly what information Honigsberg would include in his summary of the decision. The suggested format includes the name and citation of the case, court, judicial history, relevant facts of the issue, holdings, reasoning and decision on the case, and the concurring and dissenting opinions.
After the discussion on briefing a case, Honigsberg moves into researching particular agencies. He offers helpful advice on how to check for the specific rules and regulations, administrative decisions, orders and opinions, and internal procedures for a particular agency. The Code of Federal Regulations collection is explored briefly, and the author offers insight as to how the index to this 50-volume collection may be used to streamline research. A similar approach is given for the Federal Register series, other federal agency decision sets, and what Honigsberg refers to as "looseleaf services and materials."
"Agency rules, CFR, and citation-updating tools"
Since both LexisNexis and Westlaw offer electronic citation verification systems, their online versions will naturally be the most current, according to Honigsberg. Having said that, the author first goes into great detail on the best way to work through the physical volumes of Shepard's books, then moves on to Thomson West's Blue and White Books, also known as the National Reporter series, which offer parallel citations of other reporting volumes, looseleaf publications, and websites, and even recommends making phone calls. He then offers advice on electronic research through the online legal databases associated with LexisNexis and Westlaw.
To best understand what is being researched online, the Gilbert Summary offers some background information on the two legal web tools mentioned above. LexisNexis and Westlaw are cited as the two most widely used legal research systems, although this information may be somewhat outdated, as the book was written in 2002. Still, the wealth of information provided by the two companies is considered a sound starting point for any online legal writing and analysis.
Honigsberg explains that LexisNexis is a compilation of over 15,000 databases, or "discrete sources," which offers insight into specific fields of legal study. The online source is organized into federal, state, and international sources, and an explanation is given on how to search for a particular case subject as well as how to save searches and receive periodic updates when new information becomes available. Furthermore, non-legal materials can also be searched through the LexisNexis database, and Honigsberg reminds the researcher to include those additional types of sources in the research process so as to gain a broader view of the case subject matter. Non-legal materials may include administrative regulations, bills, committee reports, citations, newspapers and magazines, medical reports, and wire services. According to Honigsberg, these items can all add valuable context to an important case study that may not necessarily be found within case decisions themselves.
The Gilbert Summary also shows the reader a glimpse of what can be found on the Westlaw website. Full-text coverage of reported cases is available from all fifty states, including the District of Columbia. Federal special-interest material, information concerning securities, labor, bankruptcy and other business regulation, government contracts, federal tax, and copyright information are all searchable on this database. Westlaw, like LexisNexis, accesses not only published and reported state codes but also some state and federal decisions that are "unreported" yet issued by the courts. Honigsberg offers the best way to request information from Westlaw and how to obtain the most current and updated information as it becomes available.
"Book's limited guidance on writing and organization"
After reading the Gilbert Law Summary on legal writing and research, a law student would be much better prepared to begin his or her educational career in research and analysis. As previously noted, the student should feel more equipped to tackle the research portion of any legal project, but actual writing and analysis would need further development, as only real experience can fully provide that. Honigsberg's introduction into the vast world of legal study should help pave the way for a stronger understanding of what is entailed in researching the law.
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