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Introduction to Legal Research

Introduction to Legal Research. Presented by “The Reference Desk Players”. Why won’t just using the Web work?. Only a small proportion of authoritative Legal information is available on the open web Some cases via court sites Some authoritative statutes Some recent law reviews.

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Introduction to Legal Research

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  1. Introduction to Legal Research Presented by “The Reference Desk Players”

  2. Why won’t just using the Web work? • Only a small proportion of authoritative Legal information is available on the open web • Some cases via court sites • Some authoritative statutes • Some recent law reviews

  3. My professor said to look at the hornbook to understand the Erie case. How do I do that? • A Hornbook is a one volume authoritative treatment of an area of Law. It is usually green and always published by West. • A Treatise is an authoritative treatment of an area of law. It can be published by anyone and can be multi-volumed

  4. Secondary Sources • Sources used to understand an area of law. • Sources used lead you to primary law.

  5. Types of Secondary Sources • Legal Dictionaries • Legal Encyclopedias • Treatises • Law Reviews (journal articles) • Restatements of the Law & Uniform Laws

  6. I am supposed to write a memo using primary law including regulations. Where do I start? • Regulations are a type of Primary law • Created by Governmental Agency that are given authority by the legislature (by statute) • Primary Law refers to sources that contain the actual law

  7. Types of Primary Law • Cases • Digests, core concept searches, key number searching. • Statutes • Annotated Statutes • Regulations • Agency Decisions • Looseleafs, government websites, specialized databases.

  8. I need a case from the 7th circuit about good faith in Bankruptcy filings • Knowing your jurisdiction is key to starting your research. • Jurisdiction refers to the general entity that has power to decide your issue • Federal • State (ex. Florida)

  9. How do I know whether I need to start researching case law or statutory law? • Common Law (Cases) • Law developed by the courts • Ex. Tort of assault • Statutory Law • Law developed by the legislators • Ex. Criminal assault

  10. What is a Legislative History? • A Legislative History is the compilation of all the documents that are created during the creation of a statute.

  11. Let’s Review • History Rock

  12. After an act is passed • After an act is passed, it is then codified into statutes that can be searched by topic area. Annotated statutes include helpful editorial enhancements. • These statutes are often later interpreted by the courts – resulting in case law. • When Are Legislative Histories Helpful? • When the statute or act is unclear and there is no case law interpreting the statute

  13. I have research to do, can I do it all from home like I did in undergrad? • Some resources are not in electronic format. • Treatises • Some resources are not in Westlaw or Lexis. • Sometimes, paper research is not only cheeper but faster.

  14. My tax prof. has assigned a research assignment in which I am supposed to use RIA. Where is that? • The library pays for a large number of electronic databases. • (Westlaw and Lexis are only 2 of these). • Most other databases are available through the Research Resources link on the Library Webpage • Ex. RIA Checkpoint, Matthew Bender Authority on Demand, Legaltrack, CALI, etc.

  15. I am really lost in my research for my Lawyering Process class. How is everyone finding these sources? • Reference Desk • Teaches how to research • Not just giving answer • 15 minute rule • Library workshops • Talk with your TA • Talk with your professor

  16. What is a LITECAT? • LITECAT is the old term for a Library (Research) Workshop. • These are small training sessions where you learn how to use legal resources. • There are also powerpoint presentations and Handouts available on the library website (top right corner of the webpage)

  17. How do I sign up for a Library Workshop (aka LITECAT)? • The Sign-up book is at the Reference Desk • The schedule is posted • Library Bulletin Board • Library Web page (top right corner) • Usually announced in a email called the Cyberscript

  18. What are the library hours? • Sunday 10:00 a.m. – Midnight • Monday – Thursday 7:30 a.m. - Midnight • Friday 7:30 a.m. - 8:30 p.m. • Saturday 9:00 a.m. - 8:30 p.m. • Hours are always posted on the doors to the library and on the Library Webpage (top right corner) • Changes are announced by email (in the Cyberscript).

  19. Departing Thoughts • Navigating the Dark Morass: First-Year Student’s Guide to the Library, 19 Campbell L. Rev. 115 (1996). • The Library tour plus this presentation equals an introduction to start you on your way. • Legal Research Takes PRACTICE • There are no shortcuts to learning the process. • Ask Questions!!!

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