Legal Research I, JURI 4072



Legal Research I, JURI 4072Fall 2018Final AssessmentSection Y-2, Prof. WatsonHonor CodePlease read and subscribe to the following by providing your blind grading number below:“I have neither given nor received aid on the examination nor witnessed any violation of the honor code.”You may use any of your own materials (including textbooks, notes or items in eLC). However, you may not collaborate or discuss this assignment with anyone. You may NOT contact the Westlaw, LexisNexis or Bloomberg Law help lines for research advice. Blind Grading Number ________________Your blind grading number is available in My Georgia Law at: Submitting Your AssignmentYour assignment is due Monday, October 29, 2018 by 5:00 pm in eLC. Ten percent of the total points will be deducted per day for late assignments. Include this top sheet as part of your submitted file. Grading Rubric: Performance ElementsExemplaryProficientUnacceptableQ. A1Research Plan22 ptsConcise statement of material facts that does not include extraneous factsDemonstrates thorough and nuanced understanding of the legal issueLogically identifies likely controlling jurisdictionHighly effective search terms including terms of art and key conceptsExemplary description of potential sources and intended subsequent use Comprehensively identifies relevant miscellaneous elementsEither omits some material facts or includes some extraneous factsDemonstrates adequate and basic understanding of the legal issueSomewhat effective search terms. Missing at least one key concept.Satisfactory description of potential sources and intended subsequent use Mostly relevant miscellaneous elementsBoth omits some material facts and includes some extraneous factsDemonstrates little or no understanding of the issueOmits jurisdiction or fails to logically anticipate likely controlling jurisdictionIneffective search terms. Missing several key concepts.Poor description of potential sources and intended subsequent useFails to identify relevant miscellaneous elementsQ. A2 Natural Language Search10 ptsIncludes terms describing material facts. Does not include terms describing extraneous factsSearch terms demonstrate thorough and nuanced understanding of the legal issueEither omits search terms describing some material facts or includes some extraneous search termsSearch terms demonstrate adequate and basic understanding of the legal issueBoth omits search terms describing some material facts and includes some extraneous termsSearch terms demonstrate little or no understanding of the legal issueQ. A3Terms and Connectors Search16 ptsIncludes terms describing material facts. Does not include terms describing extraneous facts.Demonstrates thorough and nuanced understanding of the legal issueHighly effective and succinct choice of synonyms Highly effective, sophisticated and skillful use of connectors and truncationEither omits terms describing some material facts or includes some extraneous factsDemonstrates adequate and basic understanding of the legal issueMostly effective choice of synonyms. May be overly inclusive or omits relevant synonymsMostly effective, simple and adequate use of connectors and truncationBoth omits search terms describing some material facts and includes some extraneous facts Demonstrate little or no understanding of the legal issueIneffective use or absence of synonymsIneffective, convoluted and incorrect use of connectors and truncationQ.A4Secondary Sources28 ptsIdentifies a highly appropriate source with on-point discussionComprehensive and insightful treatment of the legal issue(s) with in-depth discussion of the topicWell-articulated and reasoned statement of value of resource Identifies an appropriate source with mostly on-point discussionAdequate treatment of the legal issue(s) with moderate discussion of the topic Moderately articulated and reasoned statement of value of resourceIdentifies inappropriate source with unrelated discussionInadequate treatment of the legal issue(s) with minimal discussion of the topic Poorly articulated and reasoned statement of value of resourceQ.A5Statutes27 ptsIdentifies a statute with highly relevant subject matter and on-point discussionCorrectly selects a controlling, mandatory statuteWell-articulated and reasoned statement of value of statuteCorrect Bluebook citation with no errorsIdentifies a statute with mostly relevant subject matterModerately articulated and reasoned statement of value of statute Mostly correct Bluebookcitation with a fewerrors that do not impede the ability to locate the statute citedSelects a non-controlling, persuasive statutePoorly articulated and reasoned statement of value of statuteIncorrect Bluebook citation that impedes the ability to locate the statute citedQ.A6Cases27 ptsIdentifies a highly relevant case with on-point discussionCorrectly selects a controlling, mandatory caseWell-articulated and reasoned statement of value of caseCorrect Bluebook citation with no errorsIdentifies a mostly appropriate case with mostly on-point discussionModerately articulated and reasoned statement of value of case Mostly correct Bluebook citation with a few errors that do not impede the ability to locate the case citedIdentifies an inappropriate case with unrelated issues relatedSelects a non-controlling, persuasive casePoorly articulated and reasoned statement of value of caseIncorrect Bluebook citation that impedes the ability to locate the case citedQ.A7Research Findings20 ptsProvides an accurate summary of research findings Comprehensive identification of all relevant legal issue(s)Provides mostly accurately summary of research findingsPartial identification of some relevant legal issue(s)Provides inaccurate summary of research findingsInadequate identification of the legal issue(s)Q.B1 Statute15 ptsIdentifies a statute with highly relevant subject matter and on-point discussionCorrectly selects a controlling, mandatory statuteWell-articulated and reasoned statement of value of statuteCorrect Bluebook citation with no errorsIdentifies a statute with mostly relevant subject matterModerately articulated and reasoned statement of value of statute Mostly correct Bluebookcitation with a fewerrors that do not impede the ability to locate the statute citedSelects a non-controlling, persuasive statutePoorly articulated and reasoned statement of value of statuteIncorrect Bluebook citation that impedes the ability to locate the statute citedQ.B2 Administrative Regulation 15 ptsIdentifies a regulation with highly relevant subject matter and on-point discussionCorrectly selects a controlling, mandatory regulationWell-articulated and reasoned statement of value of regulation Correct Bluebook citation with no errorsIdentifies a regulation with mostly relevant subject matterModerately articulated and reasoned statement of value of regulation Mostly correct Bluebookcitation with a few errors that do not impede the ability to locate the regulation citedSelects a non-controlling, persuasive regulationPoorly articulated and reasoned statement of value of regulationIncorrect Bluebook citation that impedes the ability to locate the regulation citedQ.B3 Statute15 ptsIdentifies a statute with highly relevant subject matter and on-point discussionCorrectly selects a controlling, mandatory statuteWell-articulated and reasoned statement of value of statuteCorrect Bluebook citation with no errorsIdentifies a statute with mostly relevant subject matterModerately articulated and reasoned statement of value of statute Mostly correct Bluebookcitation with a fewerrors that do not impede the ability to locate the statute citedSelects a non-controlling, persuasive statutePoorly articulated and reasoned statement of value of statuteIncorrect Bluebook citation that impedes the ability to locate the statute citedQ.B4 Popular Name10 ptsCorrect identification of popular nameMostly correct identification of popular nameIncorrect identification of popular nameQ.B5 Legislative History10 ptsCorrect identification of committee and report. Correct explanation of financial effect Mostly correct identification of committee and report.Mostly correct explanation of financial effectIncorrect identification of committee and report. Incorrect explanation of financial effectQ.B6 Bill Tracking10 ptsIdentifies pending legislation with highly relevant subject matterSelects an appropriate bill-tracking toolIdentifies pending legislation with mostly relevant subject matterSelects a mostly appropriate bill-tracking toolIdentifies pending legislation with irrelevant subject matterSelects an inappropriate bill-tracking toolBackground: Sophia graduated from architecture school in May 2013. She immediately accepted a job with an architecture firm in Atlanta and started in June 2013. She really enjoyed the work and her co-workers. In September 2013, the owner of the firm asked her to sign an agreement which provided that for a period of 36 months after termination from the firm for any reason, she would not work for any other architecture firm or open up her own firm within Atlanta or the surrounding suburbs. Sophia believed she would work for the firm for the rest of her career and thought it would be no problem to sign the agreement. She signed the agreement the next day. Sophia continued to work for the firm. In 2017, she garnered a great deal of attention for the various buildings and redesigns that she had completed during the past few years. She was named the top new architect in Atlanta and one of the top 100 hot architects by Architectural Digest. Because of her new acclaim, she asked her boss for a raise. However, he denied her request because of a lack of revenue. Sophia decided that she was ready to work for a firm where she was valued. She interviewed with another architecture firm in Atlanta and was offered a position with a $30,000 raise plus additional benefits. She was about to accept the job offer when the new firm asked if she was subject to any agreement that would prohibit her from working with them. Sophia has contacted your firm for advice about the contract she signed in September 2013. Your supervisor has passed this project along to you and has asked you to provide her with a memo setting forth the various issues involved with this agreement. She would like the memo e-mailed to her no later than October 30, 2018. QA.1. Before starting your research, provide a research plan that will guide your process. QA.2. Draft a natural language search that includes all of the elements included in the grading rubric. Please provide only one search example. QA.3. Draft a terms and connectors search that that includes all of the elements included in the grading rubric. Please provide only one search example. QA.4. Provide screenshots and hyperlinks to two relevant secondary sources that will give you significant help in advising your client. For each secondary source, provide a short explanation (no more than 50 words) describing why it is relevant and useful. QA.5. Provide proper Bluebook citations to three relevant, authoritative statutes that are critical to advising your client. For each statute, provide a short explanation (no more than 50 words) describing why it is relevant and useful. QA.6. Provide proper Bluebook citations to three relevant, authoritative cases that are critical to advising your client. For each case, provide a short explanation (no more than 75 words) describing why it is relevant and useful. QA.7. Provide a summary of your research findings. Limit your response to 250 words. Background: Your supervising attorney has an appointment in a few days with representatives of the Middle Georgia Protection Society (MGPS). The MGPS is a coalition of tribal groups and environmental groups. They have learned of a land exchange between the United States Forest Service (USFS) and Weimaraner Wood and Paper Company (WWP). Kudzu Mountain, the land subject to the potential exchange, is located in the Altamaha River watershed in the No-See-Ums National Forest. Approximately fifteen percent of the acreage within the national forest boundary are privately owned, primarily by WWP and other large corporations. Most of the privately-owned lands are in the southern portion of the forest and are intermingled with federal lands in a checkerboard pattern of ownership that remains from the federal land grants to railroads over a century ago.Motivated in large part by a desire to unify land ownership, the USFS and WWP began negotiations for a series of land exchanges pursuant to 43 U.S.C. § 1716, which authorizes the exchange of public lands within the National Forest system where "the public interest will be well served" by the exchange. The national forest lands that WWP would receive include old growth, commercial grade timber. The USFS would also transfer to WWP intact portions of the Honeysuckle Divide Trail, a site important to the tribal groups. The Honeysuckle Divide Trail might also be eligible for listing on the National Register of Historic Places. WWP would give the USFS lands that have, for the most part, been heavily logged and roaded. WWP intends to log the lands it receives in the exchange.The MGPS wants to stop the exchange primarily on environmental protection and historic preservation grounds. Your supervisor will research the potential environmental issues. You have been assigned to look into the potential historic preservation issues. You do not need to concern yourself with any sovereign immunity or jurisdiction questions.QB.1. Provide proper Bluebook citations to one relevant federal statute that is critical to advising your client. Provide a short explanation (no more than 50 words) describing why it is relevant and useful. QB.2. Provide proper Bluebook citations to one relevant federal administrative regulation that is critical to advising your client. Provide a short explanation (no more than 50 words) describing why it is relevant and useful. QB.3. Provide proper Bluebook citations to one relevant state statute that is critical to advising your client. Provide a short explanation (no more than 50 words) describing why it is relevant and useful. QB.4. Your supervisor recalls that within the last five or six years the U.S. Code sections covering the National Park Service underwent significant changes. Find the specific public law. Does it have a popular name?QB.5. Locate the relevant legislative history documents for the public law from the previous question. Which committee considered the bill? Provide the number of their most recent report. Explain the basic purpose of the bill and any expected financial effects.QB.6. Are there any currently pending federal bills related to historic preservation? Select one and list the bill number. Provide a screen shot of the bill tracking service (Westlaw, Lexis, or ) you used to locate this information. ................
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