CJ 3100 Legal Research and Writing

Dr. Gerstenfeld
Winter 2002

Assignment 1

Instructions:

Look up each of the following sources in the library. All appropriate resources can be found in the CSU, Stanislaus library. To gain the full benefits of this exercise, do your own work. Your answers must be typewritten.
1. Give the first sentence of the following sources.

a.U.S. CONST. Art. I, § 6, cl. 1

b.U.S. CONST. Art. II, § 4
c.U.S. CONST. amend. XXI, § 1
d.U.S. CONST. amend. XIX
e.U.S. CONST. Art. III, § 3, cl. 1
f.U.S. CONST. Art. IV, § 1, cl. 1

2. Give the name of each of the cited titles, as well as the general subjectmatter of the cited section.

a.42 U.S.C.A. § 13724

b.50 U.S.C.A. § 1621
c.47 U.S.C.A. § 154
d.3 U.S.C.A. § 202
e.8 U.S.C.A. § 1152
f.28 U.S.C.A. § 1070

3. Give the subject matter of each of the following cites.

a.Cal. Fam. Code § 297

b.Cal. Pen. Code § 92
c.Cal. Pen. Code § 203
d.Cal. Evid. Code § 720
e.Cal. Veh. Code § 23502
f.Cal. Welf. & Inst. Code § 625
 

4. For each of the following cites, give the title of the case, the name of the court that decided it, and the name of the lower court from which the appeal was taken.

a.167 F.3d 146

b.82 F.3d 165
c.128 F.3d 1329
d.25 F.3d 990
e.80 F.3d 1107
f.81 F.3d 1480

5. For each of the following cites, give the title of the case, the name of the lower court from which the appeal was taken, and the parallel cite to the Pacific Reporter.

a.66 Cal. Rptr. 2d 210

b.68 Cal. Rptr. 2d 631
c.88 Cal. Rptr. 2d 88
d.86 Cal. Rptr. 2d 337
e.70 Cal. Rptr. 2d 823
f.63 Cal. Rptr. 2d 573

6. For each of the following factual situations, list the terms that could be used to describe the parties, places, and things apparently involved.

a. Mary was held prisoner by Elizabeth. After her release, Mary sued Elizabeth for false imprisonment. Assuming the restraint was improper, is Mary entitled to at least nominal damages upon proving the fact of an illegal restraint?

b. Robin Hood married Marian. The marriage was a good one until Robin decided to have an affair with another woman. Marian is considering divorcing Robin. Is adultery generally a recognized ground for divorce in many jurisdictions?

c. The members of SLIP (Society for the Liberation of Impounded Pets)want to protect our nation's pets from what they consider to be totalitarian treatment by pound keepers. SLIP has been charged with "rescue" and "pound breach". What is the difference between the two?

d. Methuselah was a very old person. He was accused and convicted of bigamy. May his age be considered in fixing the punishment?

e. Nemo was not a model sailor. Nemo continually disobeyed orders, stole items from the ship's stores, and got into fights with other sailors. This conduct would be considered to be of an aggravated character. Could forfeiture of Nemo's clothing and effects on board ship be used as a punishment for this misconduct?

f. Olga was a passenger on Eastern Pacific Railroad. The conductor on the train raped Olga in the caboose. Can the Eastern Pacific Railroad be held civilly liable for the rape of Olga under these circumstances?
 

7. For the following exercise, do the following: (I) state the issue raised in Question 6 using general descriptions and legal terminology in question form; (II) state the answer to your question (yes or no) as given in the title of C.J.S. indicated; (III) give the proper citation to the section from C.J.S. on which your answer was based (e.g., Theaters & Shows§ 36).

a.False Imprisonment

b.Divorce
c.Animals
d.Criminal Law
e.Seamen
f.Rape

9. Look up the following cases in Shpard’s Supreme Court Citator. List the first 3 citations listed under that entry.

a.494 U.S. 259

b.426 U.S. 572
c.406 U.S. 404
d.391 U.S. 145
e.372 U.S. 391
f.367 U.S. 497