Legal Research

1. Legal Research Legal Research & Writing II Mike Brigner, J.D.

2. Types of Law Libraries • Law school libraries • Paralegal school libraries • Local law libraries • Government or agency law libraries • Courthouse law libraries • Bar association and private group law libraries • Law firm libraries

3. Strategies for Effective Research • Always examine the statutes. Use an annotated code because it will refer you to cases. • Use encyclopedias to obtain introductory information about the issue you are researching. • If you cannot locate cases through an annotated code, use digests. • If there is a well-known treatise or text on this topic, examine it because it will provide excellent analysis as well as references to cases. Continued, next slide

4. Strategies for Effective Research • For a complete overview of a topic, consult A.L.R. ( or A.L.R. Fed. for federal issues). • For discussions of new or controversial issues or a thorough examination of an issue, find legal periodicals through the Index to Legal Periodicals or Current Law Index. • If a looseleaf service is devoted to the topic you are researching, examine it. • Use Shepard’s Citations or KeyCite to locate other cases, legal periodical articles, attorneys general opinions, and A.L.R. annotations.

5. Questions to Help Develop a List of Descriptive Words or Phrases • Who is involved? • What is the issue being considered? • Where did the activity take place? • When did the activity take place? • Why did the issue develop? • How did the problem arise?

6. Be prepared Be flexible Be thorough Be patient Be organized Be efficient Be creative Be wary Be resourceful Be calm Ten Tips for Effective Research

7. Sources of Law in the United States • Cases and our common law tradition • Constitutions and statutes • Administrative regulations • The executive branch

8. Primary Authorities(binding)

9. AUTHORITIES Encyclopedias Law review articles Periodical publications Treatises and texts Dictionaries Attorneys general opinions Restatements Annotations Foreign sources Form books Practice guides (such as jury instructions or opinions on ethics) Secondary Authorities(persuasive)

10. How to Start Legal Research Secondary Sources • Legal Encyclopedias • American Law Reports (A.L.R.) • Restatements, Books, Treatises: cover legal topics in-depth • Law Reviews: use for advanced research

11. Using Secondary Sources • Legal Encyclopedia first to give you background, ideas for key words • A.L.R. next – the best research tool for most legal topics • Treatises and Restatements • Law Reviews

12. Find the Law With Secondary Legal Sources • See Text, Section 6A • Usually start your legal research with: • Legal encyclopedias • American Jurisprudence 2d (Am. Jur. 2d) • Cross-referenced to ALR books & law reviews • Corpus Juris Secundum (C.J.S.) • Cross-referenced to West “Key #” system • Each of these arrange articles alphabetically into 400+ subjects, and has extensive index.

13. Research Strategies for Using General Encyclopedias • Descriptive word approach • Topic approach

14. Find the Law With Secondary Legal Sources • Go to Text Section 5B • Usually go next in your legal research to: • American Law Reports (A.L.R.), • Reprints selected federal & state cases • Each case is followed by a detailed analysis (“annotation” or “article”) of a specific point of law raised in the case • Organized into 5 series: A.L.R.1st through A.L.R. 4th, plus A.L.R. Fed

15. American Law Reports • American Law Reportspublishes selected appellate court decisions as well as comprehensive and objective essays relating to the legal issues raised in each case.

16. Cases Annotations Research references Outline Index Jurisdictional table of cited statutes and cases Scope section Related annotations section Summary Features of A.L.R.

17. Ways to Use A.L.R. • Use A.L.R.’s Index to Annotations • Alphabetical • Separate Quick Index for A.L.R. Fed. • Look in Index for your descriptive words & you will find listing of A.L.R. annotations related to that topic • Then go to the most relevant annotation and look for relevant cases

18. Ways to Use A.L.R. • Start with the legal encyclopedia Am. Jur. 2d • Articles in Am. Jur. 2d will explain topic and refer you to A.L.R. annotations • When you Shepardize a case, look for A.L.R. citations

19. Find the Law With Secondary Legal Sources • See Text, Section 6C & D • Do in-depth research on specific legal topics with: • Treatises & “Restatement of the Law” • These are scholarly books analyzing particular areas of the law • Used for in-depth research on a particular subject

20. Find the Law With Secondary Legal Sources • See Text, Section 6B • Do advanced legal research with: • Law Reviews • These are collections of articles about legal topics written by law professors, lawyers, and law students • Indexed by topics in several sources

21. Words and Phrases • Words and Phrases aims at providing the definition of words and phrases as interpreted by cases from 1658 to the present time.

22. Other Secondary Authorities • Opinions of attorneys general • Dictionaries • Directories • Form books • Uniform laws • Looseleaf services • Jury instructions

23. Directories • Martindale-Hubbell Law Directory • Local directories • Specialized directories • Internet directories

24. Well-Known Form Books • American Jurisprudence Legal Forms 2d • American Jurisprudence Pleading and Practice Forms • Bender’s Federal Practice Forms • Current Legal Forms with Tax Analysis • Federal Procedural Forms, Lawyers Edition • Forms of Discovery • West’s Legal Forms 2d

25. Chart of Secondary Sources

26. Chart of Secondary Sources

27. Chart of Secondary Sources

28. Chart of Secondary Sources

29. Chart of Secondary Sources

30. Chart of Secondary Sources

31. Using Primary Sources • Easiest • Known Statute • Known Case • Known Regulation • When you know or suspect answer is in a primary source • Index to Statutes • Index to Cases (Case Digests) or Lexis Search • Index to Regulations

32. Find The Law Using Descriptive Words in Index to A Primary Source • Statutes • See Text, Chapter 3 • Select descriptive words • Search for them in index to statutes • (Your creativity may be needed here) • Read annotated statute(s) listed in index • Read annotations following statute(s) • Read relevant-sounding cases summarized in annotations

33. Sources for Federal Statutes • Slip laws • United States Code Congressional and Administrative News Service (USCCAN) • United States Law Week • Government printing office • U.S.C.S. Advance Pamphlets • Congressional representatives • The Internet (http://thomas.loc.gov)

34. United States Code Annotated • U.S.C.A. provides the following “extra” features: • Historical notes • Cross references • Library references • Westlaw electronic research • Code of Federal Regulations references • Notes of decisions

35. United States Code Service • U.S.C.S. provides the following “extra” features: • History; Ancillary laws and directives • Code of Federal Regulations references • Cross references • Research guide • Interpretive notes and decisions

36. Updating Federal Statutory Research

37. Research Techniques for Locating Statutes • To locate federal or state statues, there are three techniques: • Descriptive word approach • Title/topic approach • Popular name approach

38. Find The Law Using Descriptive Words in Index to A Primary Source • Case Digests • See Text, Chapter 4 • Select descriptive words • Search for them in index to case digest • (Your creativity may be needed here) • Go to appropriate digest & check topic(s) listed in index • Read one-¶ case summaries appearing under digest topics • Read relevant-sounding cases

39. Elements of a Case • Case name • Docket number and deciding court • Date of decision • Case summary or synopsis • Headnotes • Names of counsel • Opinion • Decision

40. West’s National Reporter System

41. West’s National Reporter System (continued)

42. West’s National Reporter System (continued)

43. Publication of United States Supreme Court Cases • United States Reports (U.S.) • Supreme Court Reporter (S. Ct.) • United States Supreme Court Reports, Lawyers’ Edition (L. Ed.)

44. Rapid Access to United States Supreme Court Cases • Slip opinions • Computer-assisted research • United States Law Week • Newspapers • WestFax • Internet

45. Features of West’s National Reporter System • Table of cases reported • Tables of statutes and rules • Table of words and phrases • List of judges • Key number digest

46. Summary of Case Law Publication

47. Summary of Case Law Publication (continued)

48. What is a Digest? • A digest is a book or index that arranges one-sentence summaries or “digests” of cases by subject.

49. West’s Outline of the Law • Law categorized into seven main classes: persons, property, contracts, torts, crimes, remedies, government • 32 various subclasses within these main classes • 32 subclasses further arranged into more than 400 topics

50. Find The Law Using Descriptive Words in Index to A Primary Source • Administrative Regulations • See Text Section 10A • Select descriptive words • Search for them in index to regulations • (Your creativity may be needed here) • Read regulation(s) listed in index • Read annotations following statute that authorized the regulation(s) found • Read relevant-sounding cases interpreting or applying regulation(s)