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Judicial and Legal Research

Judicial and Legal Research. Ryan Petersen. Judicial and Legal Research. What is the Law? Federal Level: 1. Statutory Rulings (laws passed by Congress) he Power and Culture of the 2. Administrative Regulations 3. Executive Orders? 4. Judicial Interpretations (Judicial Review)

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Judicial and Legal Research

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  1. Judicial and Legal Research Ryan Petersen

  2. Judicial and Legal Research • What is the Law? • Federal Level: • 1. Statutory Rulings (laws passed by Congress) he Power and Culture of the • 2. Administrative Regulations • 3. Executive Orders? • 4. Judicial Interpretations (Judicial Review) • State Level: • 1. Statutes • 2. Administrative regulations • 3. Court Rulings • Local Level: • 1. Home Rule

  3. Judicial and Legal Research • What is the Law? • Federal Level: Example: Gun Free School Zone Act of 1990 • Should you be able to carry a gun into a school zone? Who should prosecute such an act? The state or the federal government? On what constitutional basis would you restrict guns in a school zone? • Courts: United States v. Lopez (1995) • The ruling overturned Gun Free School Zone Act of 1990.

  4. Judicial and Legal Research • Where Can I Conduct Legal Research? • Researching statutes: • Statutes at Large: • Full text of all the laws passed by Congress since its first session. The statutes are somewhat cumbersome to use. • Citation: 104 Stat. 4844 (Volume, Statutes at large, page number). • The US Code: (USC) • The US Code is organized by title sections and subsections, and page • numbers. • Citation: 18 U.S.C. 922 (q)(1)(A) (title number, US Code, • subsection/paragraph). Link • …

  5. Judicial and Legal Research • Where Can I Conduct Legal Research? • Researching Case Law: (Judicial Decisions) • Court Reporters (bound volumes with court opinions) • 1. United States Reports (US Supreme Court) • 2. Supreme Court Reporter • 3. Federal Supplement • Legal Databases • 1. Lexis-Nexis • 2. Westlaw • 3. Legal Blogs

  6. Judicial and Legal Research Where Can I Conduct Legal Research? Researching Case Law: (Shepard’s Citations) How do you determine whether a law is still valid? Citation: United States v. Lopez, 514 U.S. 549 (1995) (case name, volume, court reporter, page number, year).

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