Reference no: EM133344464

Techniques of Legal Research

Purpose

The purpose of Project 1 is to use different research strategies in Westlaw to find relevant case law, cite case law in Bluebook format, and assess cases'' relevance to a given research question.

Course Outcomes Met by Project 1:

Use common research methods to locate case law, a type of primary legal authority.
Cite to and explain the relevance of primary authority to a given legal topic or issue.

Background & Facts:

LCA has a new consulting client, Robert Safero, Esq., who has consulted Martinez about a family law case he is handling on behalf of a client. Martinez has asked you to assist in the consultation with Safero by completing research and making recommendations in a summary report to Martinez. Martinez will use the report for his next meeting with Safero.

Before beginning the research for Martinez, review the facts in Safero's client's case.

Facts: Felix Woodward (hereinafter, Felix), Safero's client, is a single father who has sole legal and physical custody of his only child, Charlie. Felix was recently served with a Complaint for Grandparent Visitation. The complaint was filed by his mother, Gretchen Smith (hereinafter, the Grandmother), who is seeking court-ordered grandparent visitation with Felix's five-year-old child, Charlie.

For nearly four years, the Grandmother cared for Charlie for three hours every weekday afternoon. Over the past year, however, Felix has noticed the Grandmother becoming increasingly reactive and quick to anger. After a heated argument over politics, the Grandmother screamed expletives at Felix, frightening Charlie and making him cry. After the argument, Felix emailed the Grandmother and told her that her politics had become alarming and offensive; consequently, she would no longer be allowed to have contact with her grandchild.

In her complaint, the Grandmother did not express any concerns for her grandchild''s physical safety. She described Felix as a loving and capable parent, but a spiteful person. The Grandmother describes herself as heartbroken, and she is anxious for the court to order visitation so can see her grandchild as soon as possible.

Research Question:

Whether, under Maryland law, a grandparent can successfully sue for visitation with a grandchild after the child''s competent and fit custodial parent refuses to allow contact?

Part A

Using a natural language search in Westlaw, identify one reported Maryland state court opinion that is relevant because it directly addresses the Research Question.

1. Cite the selected opinion in Bluebook format, using the regional reporter only, i.e. A., A.2d, A.3d (not Md. or Md. App.).

2. Using A > B > C > D format, provide a detailed description of your natural language search, sharing all the steps taken from the Westlaw launch page to the final selection of your court opinion.

3. Explain why the opinion is relevant to the research question. Write answers in correct, complete sentences using your own words. Answers should not exceed 150 words.

4. Provide a short quotation (maximum 50 words) from the opinion that supports your response to Question 3. Use quotation marks to show that the text is not your own original work.

5. Using Star Paging in Westlaw, identify the page(s) in the regional reporter where the quotation given in Question 4 is located. A full pinpoint citation is not required, just an accurate page number.

6. Is the selected opinion "on all fours" with the client's case? In your answer, remember to compare and contrast the legally significant facts and the controlling laws. Answer in correct, complete sentences using your own words. Answers should not exceed 150 words.

Part B

Using a terms and connectors search in Westlaw, identify one reported opinion issued by any court that is relevant because it directly addresses the Research Question.

7. Cite your chosen court opinion using Bluebook format. If you choose an opinion that''s from a state court other than Maryland, carefully check how to cite it by consulting the UMGC Quick Legal Citation Guide and Table T1.3 (BB) or Table T3 (IB).

8. Using A > B > C > D format, provide a detailed description of your terms and connectors search, sharing all the steps taken from the Westlaw launch page to the final selection of your court opinion.

9. Explain why the opinion is relevant to the research question. Write answers in correct, complete sentences using your own words. Answers should not exceed 150 words.

10. Provide a short quotation (maximum 50 words) from the opinion that supports your response to Question 9, above. Use quotation marks to show that the text is not your own original work.

11. Using Star Paging in Westlaw, identify the page(s) in the reporter you cited where the quotation is located. A full pinpoint citation is not required, just an accurate page number.

12. Is the selected opinion in Part B "on all fours" with the client's case? In your answer, remember to compare and contrast the legally significant facts and the controlling laws. Write answers in correct, complete sentences using your own words. Answers should not exceed 150 words.

Part C

Assume that Felix, Charlie (the grandchild), and the Grandmother all live in the city of Frederick, Maryland. The Grandmother's complaint was filed in the Circuit Court for Frederick County, Maryland.

13. Is the opinion identified in Part A mandatory authority in this case? Using your own words and writing in complete sentences, explain why or why not.

14. Is the opinion identified in Part B mandatory authority in this case? Using your own words and writing in complete sentences, explain why or why not.