APPENDIX SAMPLE RESEARCH PROBLEMS

• Jurisdiction: United States

Appendix SAMPLE RESEARCH PROBLEMS

PROBLEM I

FACTS

Tulip, a mixed-breed dog, escaped its yard in Anyville, Texas, and was promptly collected by local animal control. The distraught family went to retrieve the dog but had insufficient funds to secure its release. The shelter placed a "hold for owner" tag on the dog's pen, but when the family returned, the shelter had mistakenly put the dog down. Devastated, the family seeks emotional damages for the dog's loss.

The family consults your law firm to determine whether there is a cause of action for loss of companionship for a pet's wrongful death.

RESEARCH ASSIGNMENT

Describe the nature of the authority you seek and the reason(s) you have selected that authority. Next, discuss the most efficient research tools which you will select to find, update, and verify the authority. To the extent possible, integrate print and electronic sources.

OUTLINE OF THE SUGGESTED RESEARCH PROCESS

The authority appropriate to this problem is primary mandatory authority in the form of Texas case law found in Texas appellate decisions through the steps described below.

Analyze the facts according to the TAPP rule.

[A] Print Version

1. Find the appropriate case law in the Texas Digest, Second Series by using:

a. Descriptive Word Method: Use key words and phrases, such as "negligence" and "animals" in the Descriptive Word Index and pocket part, if any, to identify appropriate topic and key numbers; or
b. Topic Method: Go to the digest volume and pocket part covering the relevant issue, and examine the topic "Analysis," which is like a table of contents of the topic and key number subjects. Select the most appropriate key number(s).

2. Read the case summaries below the relevant key number(s) and get cites to cases closest in their facts to the client's problem.
3. Locate and read the case(s) in the appropriate Southwestern Reporter volume(s), advance sheets, or the Texas Supreme Court Journal.
4. Update in Shepard's Texas Citations or case volumes.
5. If you can locate no primary mandatory authority, consult primary persuasive or secondary authority.

a. Primary persuasive authority — use American Digest with key words and phrases described in 2(a) to locate decisions from other jurisdictions.
b. Update through state Shepard's print volumes.
c. Consult and update relevant secondary sources, such as A.L.R. or the Restatement of the Law (Torts).

[B] Electronic Version

1. Analyze the facts according to the TAPP rule with the key words and phrases identified above in Lexis Advance or WestlawNext Texas cases.
2. Find any appropriate decisions and update through Shepard's on Lexis Advance or KeyCite on WestlawNext.
3. If you can find no primary mandatory authority, consult primary persuasive authority by expanding to all state cases or secondary authority, such as A.L.R. or the Restatement of the Law (Torts) through Lexis Advance or WestlawNext, which provides full coverage of the A.L.R.

[C] Internet Version

1. Texas state court decisions are accessible at specific websites, such as supreme.courts.state.tx.us for

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