I. Jurisdiction
The first step to any successful research plan is to determine in which jurisdiction the legal issue arises. Once I know the jurisdiction, I know which laws apply to the legal problem at issue. This means I must determine if the problem involves a federal issue or a state issue. If the legal problem involves a federal issue, then I must use federal laws and cases from federal courts to resolve the issue. Conversely, if the problem involves a state issue, then I must determine in which of the fifty states the problem arises and then use statues and cases from that state to resolve the problem. Additionally, federal law trumps all state law. So if the legal issue is a state problem that involves federal element, federal law must …show more content…
The law firm assigning the research is located in Jackson, Mississippi. The legal issue concerns an incident that occurred in the state of Mississippi. Further, in the assignment, there is specific direction not to discuss the fifth, sixth, and fourteenth amendments, which limits the scope of materials to the jurisdiction of Mississippi. Therefore, I determined the jurisdiction where I conduced my research is the state of Mississippi.
II. Issue Statement
There are three issues raised in my research assignment. First, there is the issue of whether Ms. Holland effectively asserted her right to speak with an attorney when was interrogated by Detective Jacoby. Second, I addressed the issue of whether Ms. Holland knowingly and voluntarily waived her right to remain silent and consult with an attorney before she confessed to various crimes involving methamphetamine during her interrogation. Lastly, I addressed whether Ms. Hollands provided a voluntary confession based on the totality of the circumstances, free from promises, threats, or inducement.
III. Search …show more content…
I chose to conduct my research online because I felt it was easier and more efficient. I also used online sources because I felt it was easier to update the research using the citators. The first primary mandatory authority I wanted to find was a statue. First, I clicked on state materials tab from the home screen of WestlawNext. Then, I clicked on Mississippi. Next, I clicked on all Mississippi statues and court rules. In the search box, I entered the following terms: invocation of attorney and waive and totality of the circumstances. I clicked on the first article because it contained the Mississippi Constitution. MS Const. Art. 3, §
The first step to any successful research plan is to determine in which jurisdiction the legal issue arises. Once I know the jurisdiction, I know which laws apply to the legal problem at issue. This means I must determine if the problem involves a federal issue or a state issue. If the legal problem involves a federal issue, then I must use federal laws and cases from federal courts to resolve the issue. Conversely, if the problem involves a state issue, then I must determine in which of the fifty states the problem arises and then use statues and cases from that state to resolve the problem. Additionally, federal law trumps all state law. So if the legal issue is a state problem that involves federal element, federal law must …show more content…
The law firm assigning the research is located in Jackson, Mississippi. The legal issue concerns an incident that occurred in the state of Mississippi. Further, in the assignment, there is specific direction not to discuss the fifth, sixth, and fourteenth amendments, which limits the scope of materials to the jurisdiction of Mississippi. Therefore, I determined the jurisdiction where I conduced my research is the state of Mississippi.
II. Issue Statement
There are three issues raised in my research assignment. First, there is the issue of whether Ms. Holland effectively asserted her right to speak with an attorney when was interrogated by Detective Jacoby. Second, I addressed the issue of whether Ms. Holland knowingly and voluntarily waived her right to remain silent and consult with an attorney before she confessed to various crimes involving methamphetamine during her interrogation. Lastly, I addressed whether Ms. Hollands provided a voluntary confession based on the totality of the circumstances, free from promises, threats, or inducement.
III. Search …show more content…
I chose to conduct my research online because I felt it was easier and more efficient. I also used online sources because I felt it was easier to update the research using the citators. The first primary mandatory authority I wanted to find was a statue. First, I clicked on state materials tab from the home screen of WestlawNext. Then, I clicked on Mississippi. Next, I clicked on all Mississippi statues and court rules. In the search box, I entered the following terms: invocation of attorney and waive and totality of the circumstances. I clicked on the first article because it contained the Mississippi Constitution. MS Const. Art. 3, §