Module 3 includes chapters 16, 17, and 18 in the text.  In this module the student will focus on the primary and secondary sources of the law, mandatory and persuasive authority, finding law traditionally and electronically, and legal analysis and writing.  As a paralegal student you will take two additional courses in legal research and writing.  You will not learn all of the information you will need to be a successful paralegal  in this module.  However, this module provides you with a  foundation that you will need as you proceed through the coursework.
          It was extremely difficult to prepare this module for the distance learner.  The real intent of chapter 16 is that you use print media.  Since I have no way of knowing where you are located geographically, I don't know if you have access to a law library or not.  However, as  a paralegal you will need to do research in a law library, be it the one in your office or another location.  You must take time to go to an actual law library near you for most of the Chapter 16 assignments.  There is no substitute for  actually seeing the print editions for a thorough understanding of the information contained in them.  Some library locations, hours,  and directions:

Anne Arundel Community College Truxal Library

Maryland Law Library

University of Maryland Law Library

University of Baltimore Law Library

Other Law Schools

Your local courthouse law library

A law firm in your area

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Chapter 16 focus on the issue of primary and secondary sources.  You will need to keep in mind those authorities that are mandatory as opposed to the ones that are persuasive (even though primary).  Remember, secondary sources are finding aids and help explain the meaning of the primary sources. They are of great value when beginning your research but you are really looking for primary mandatory authority.  You will not be tested on the trivia of the chapter.  I don't care for you to memorize what books are the 2nd, 3rd, 4th etc.  or minute details about each source.  Know the names of the source, is it primary or secondary, official or unofficial and what you will find there.

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Chapter 17 discusses computer assisted legal research.  Obviously you have been doing that for the last few weeks.  However, computer assisted legal research of primary and secondary authority is a great deal broader than what we have been doing so far.  As an instructor of computer assisted legal research, I soon realized that students faced with an enormous electronic database had no idea where to look for the information until they had mastered the art of researching the print media.  It was through that process that they could almost see the database as a giant library full of print media and then were able to search by choosing the resource much as they had done before in the library.   Through that understanding and a thorough analysis of the problem presented they were able to direct their focus to a particular area of the database.  Computer assisted legal research does not drastically differ from traditional research.  The sources are the same as are the methods of searching.  Instead of indices one uses a search engine.  No matter what method is used vocabulary is still the key.  We will not spend a significant amount of time and energy in this chapter.  Please read it thoroughly.  you will find a list of the computer assisted material available at Anne Arundel Community College Truxal Library or any of the libraries listed above.  This topic will be taught again in the legal research and writing class when you will use online databases such as, Lexis and Westlaw.
          Also note the inherent limitations of internet research, particularly, reliability.  Finding reliable sources is extremely important. The
Maryland Law Library is a reliable source if you are using primary authority from that source.  The other materials may not be as reliable.  The primary authority on this site is quite reliable but remember the problem in Chapter 3 where the paralegal took tax information off of the internet from the taxing authority and it was incorrect. Then again in Chapter 5 I asked you what on the first page of COMAR related to chapter 3.  The answer was that you cannot rely on the information on the internet.  It says right on the first page you must actually use COMAR.
          There will be a short quiz on this chapter but again NO trivia.

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Chapter 18   A paralegal will write a great deal.  This chapter is only the beginning of your writing education.  We will only practice by writing two types of documents in this class.  You will brief a case and prepare an internal memorandum of law.  You will continually brief cases as you move through the program so this skill is an essential skill for a paralegal.  The legal memorandum will be based on the sleeping Beauty or Lemon Law cases in your book.  You will continue your legal writing education in all law classes but most particularly in Legal Research and Writing and Advanced Legal Research and Writing. 

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It's now time to begin Module Three, Chapter 16.  

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Created and Maintained by: Darlene Mallick
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02/10/09 03:34 PM

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