Building Essential Legal Research Skills and Law Library Basics

Slide 1:Find answers to legal issues by effectively using materials in the Law Library. CLA 2002 - Sacramento Coral Henning, Sacramento County Public Law Library CHenning@saclaw.lib.ca.us Jean Willis, San Diego County Public Law Library Jwillis@sdcll.org

Building Essential Legal Research Skills and Law Library Basics Introduce self and co-presentersIntroduce self and co-presenters

Slide 2:Sponsored By

California Council of County Law Librarians www.cccll.org Northern CA Association of Law Libraries Committee for Public Access to Legal Information www.nocall.org

Slide 3:Goals Today

Use the Law Library to find answers to legal questions. Conquer fear through understanding. Understand the system of legal publications!!!. Introduction, review of primary sources of law. Primary sources contain the official law. Be more familiar with finding Codes and Cases. Locate these using citations. Lesson/demo in reading citations and indexes. Introduction to the various forms of secondary sources. Secondary sources explain the law. Learn about their unifying role in the research process. Demonstrate the coherence of the system. SAVE YOU TIME. You may have an �issue� �Problem� �question� �bet� �assignment or request from your boss�, assignment for school, or you may be contemplating some civil action. Codes, Cases: The written statements of law that affect and underpin most of the legal issues that face individual researchers. We work with folks every day who are trying to find out what the law says, and what it means. The law is a profession of words. Secondary sources can help translate and clarify points and issues the legal terminology of the cases and codes may make difficult to understand for the layperson. County Law libraries are Practice Oriented. The law is a dynamic, changing thing. We�ll show you how to make sure you get the most current statement or interpretation of the legal matters you are researching. You may have an �issue� �Problem� �question� �bet� �assignment or request from your boss�, assignment for school, or you may be contemplating some civil action. Codes, Cases: The written statements of law that affect and underpin most of the legal issues that face individual researchers. We work with folks every day who are trying to find out what the law says, and what it means. The law is a profession of words. Secondary sources can help translate and clarify points and issues the legal terminology of the cases and codes may make difficult to understand for the layperson. County Law libraries are Practice Oriented. The law is a dynamic, changing thing. We�ll show you how to make sure you get the most current statement or interpretation of the legal matters you are researching.

Slide 4:Key Terms

Primary Sources Contain the law the law itself Secondary Sources Explain the law analysis, interpretation, discussion Finding Tools Indexes, Tables, Cross References, ANNOTATIONS Citation the unique address of a particular statement of the law Primary Sources are the books that contain the law. secondary sources are the books that explain the law. Finding tools are the specialized features of legal publications that help the researcher identify, close in on the topics, codes and cases they need. We�ll show you indexes, tables of cases, digests, and we�ll mention, but leave for another course, citators. Citations, although they appear �obscure and cryptic� they are uniform and simple and universally applied. Primary Sources are the books that contain the law. secondary sources are the books that explain the law. Finding tools are the specialized features of legal publications that help the researcher identify, close in on the topics, codes and cases they need. We�ll show you indexes, tables of cases, digests, and we�ll mention, but leave for another course, citators. Citations, although they appear �obscure and cryptic� they are uniform and simple and universally applied.

Slide 5:Law

The whole body of rules of conduct applied and enforced under the authority of established government in determining that which is proper and should be permitted and that which should be denied, or even penalized, in respect of the relation between a person and the state, between him and society, or between him and another individual�..* *Ballentine�s Law Dictionary, 3d ed. 1969, citing Strother v. Lucas (US) 12 Pet 410, 9 L Ed 1137. For our purposes today, we can shorten this to �the set of rules created by society to regulate the activities of people and the business of government.� Note the Dictionary pulled a quote from a court case. Citation, parallel citation, Abbreviations dictionary (Bieber�s)For our purposes today, we can shorten this to �the set of rules created by society to regulate the activities of people and the business of government.� Note the Dictionary pulled a quote from a court case. Citation, parallel citation, Abbreviations dictionary (Bieber�s)

Slide 6:Primary (Official) Sources of Law

STATE GOVERNMENT Legislative branch Statutes [? Codes] Admin. Agencies Regulations Judicial branch Case Decisions Court Rules FEDERAL GOVERNMENT Legislative branch Statutes [? Codes] Admin. Agencies Regulations Judicial branch Case Decisions Court Rules Primary Sources are public information, therefore as information in the �public domain� they can/may be found on the World Wide Web. Primary Sources�This is the Law itself, the books that contain the Law are the Primary Sources. The law in California is created and published in a parallel system. Legislature�Statutes and Amendments to the Codes, then The Annotated California Codes. California Code of Regulations (CCR) Finally, California Case Law, which we find in the case reporters. I will give reference to free,Internet sources of the three main types of official law as go through each type�Codes,Regulations,Cases. Primary Sources�This is the Law itself, the books that contain the Law are the Primary Sources. The law in California is created and published in a parallel system. Legislature�Statutes and Amendments to the Codes, then The Annotated California Codes. California Code of Regulations (CCR) Finally, California Case Law, which we find in the case reporters. I will give reference to free,Internet sources of the three main types of official law as go through each type�Codes,Regulations,Cases.

Slide 7:California Law: STATUTES?CODES

Passed by Legislature. Bills, or ballot initiatives. Published by the State of California: Called �Chapter Laws�, published chronologically in Statutes and Amendments to the Codes. Arranged by subject, with editorial enhancements, published as: Annotated California Codes. Two versions, West and Deering�s, compete. States Vary. California publishes its official law as statutes. Commercial publishers have contracted to Handout 1: Statute trees Handout 2: West trees Handout 3: Deering trees Proposition Handout: proposition 36 Handout: statute Handout: codificationStates Vary. California publishes its official law as statutes. Commercial publishers have contracted to Handout 1: Statute trees Handout 2: West trees Handout 3: Deering trees Proposition Handout: proposition 36 Handout: statute Handout: codification

Slide 8:California Codes Online

Search by Keyword http://www.leginfo.ca.gov/callaw.html Click boxes next to codes to see Tables of Contents I�m showing you this graphic because it has all the code titles listed here. This is also an example of the dichotomy between public and copyrighted information online. The codes here are online. The annotations are not.I�m showing you this graphic because it has all the code titles listed here. This is also an example of the dichotomy between public and copyrighted information online. The codes here are online. The annotations are not.

Slide 9:Annotated Code

West & Deering�s contain annotations that are not found on the California Legislature Web site. Annotations refer to: statutory history, judicial decisions, law reviews, California Code of Regulations, practice guides, treatises. (document camera) Annotations in West are not the same as the annotations in Deering�s Both versions should be checked for thorough research on a section(document camera) Annotations in West are not the same as the annotations in Deering�s Both versions should be checked for thorough research on a section

Slide 10:Judicial Decisions

US Supreme Court Appeals Court Trial Court CA Supreme Court Appeals Court Trial Court In the simplest, most universally applied pattern: Trial Courts decide matters of fact. Matters of Law go on to Appeals Courts. Decisions of the Appellate Courts are reviewed by the Supreme Court. For example: Use the trees case decided at the appellate level by Robie.In the simplest, most universally applied pattern: Trial Courts decide matters of fact. Matters of Law go on to Appeals Courts. Decisions of the Appellate Courts are reviewed by the Supreme Court. For example: Use the trees case decided at the appellate level by Robie.

Slide 11:CALIFORNIA Court System

Supreme Court 1 Chief Justice and 6 Associate Justices Courts of Appeal 6 districts, 19 divisions with 106 justices First District - San Francisco Second District - Los Angeles & Ventura Third District - Sacramento Fourth District - San Diego, Riverside, Santa Ana Fifth District - Fresno Sixth District- San Jose Trial Courts 400 court locations 1,499 judges, 437 commissioners and referees Can you name any member of the CA Supreme Court? - Hand out candy for correct answers. You have in front of you a volume of a case reporter Get source of picture, footnote it.Can you name any member of the CA Supreme Court? - Hand out candy for correct answers. You have in front of you a volume of a case reporter Get source of picture, footnote it.

Slide 12:California Supreme Court

Members of the California Supreme Court are pictured in their Sacramento courtroom, from left to right as follows: Pictured en banc in the Supreme Court Courtroom in Sacramento are the court�s seven justices, from left to right: Associate Justice Janice R. Brown, Associate Justice Joyce L. Kennard, Associate Justice Kathryn Mickle Werdegar, Chief Justice Ronald M. George, Associate Justice Ming W. Chin, Associate Justice Marvin R. Baxter, and Associate Justice Carlos R. Moreno. (Photo: Sirlin Photographers)

Slide 13:California Case Law

Published California Cases Superior Court or trial court decisions are NOT published. Selected opinions of Appellate Department of Superior Court are published. Small percentage (11%) of Court of Appeals opinions are published. All California Supreme Court decisions are published. The court issuing the opinion decides if a case will be published based on established rules that define the �significance� of a case. West�s Ann.Cal.Rules of Court, Rule 976. Supporting media? Point our reasons/standards for publication. Supporting media? Point our reasons/standards for publication.

Slide 14:Case Decisions are published in Case Reporters (Official, Unofficial )

Appeals Court Opinion California Reporter (West) (unofficial State reporter) Pacific Reporter (West) (unofficial Regional reporter) California Appellate Reports (official State reporter) California Reports (official State reporter) Supreme Court Opinion

Slide 15:California Case Reporters

Official: California Appellate Reports California Reports California Official Reports Unofficial: West�s California Reporter Pacific Reporter Most current printed decisions: Daily Appellate Report Show volume of each reporter California Official Reports = advance sheets of opinions of Supreme Courts & Courts of Appeal not yet in bound volumes. Identify difference between Cal. And Cal. App.. D.A.R. = paper insert received w/Daily Journal legal newspapers. Full text opinions of CA Supreme Court, Courts of Appeal, U.S. Supreme Court, and 9th Circuit court cases. Earliest available print version of these cases.Show volume of each reporter California Official Reports = advance sheets of opinions of Supreme Courts & Courts of Appeal not yet in bound volumes. Identify difference between Cal. And Cal. App.. D.A.R. = paper insert received w/Daily Journal legal newspapers. Full text opinions of CA Supreme Court, Courts of Appeal, U.S. Supreme Court, and 9th Circuit court cases. Earliest available print version of these cases.

Slide 16:Decisions Online

No organized finding tools Good for fetching, not for research http://www.findlaw.com/cacases/index.htm CA Cases 1934-present Talk about depth of coverage, and why it is so important to understand the printed system of case reporting. Talk about depth of coverage, and why it is so important to understand the printed system of case reporting.

Slide 17:How Do You Start Researching?

Start with an encyclopedia or find a book about your subject. Secondary Sources Secondary Sources! Think of the ways that you did research in school�when you were writing a paper ( mouse click) you either found a book about the subject or you started with an encyclopedia. Legal research is the same way. And if you have trouble with your research, ask a librarian to help get you started. Secondary Sources! Think of the ways that you did research in school�when you were writing a paper ( mouse click) you either found a book about the subject or you started with an encyclopedia. Legal research is the same way. And if you have trouble with your research, ask a librarian to help get you started.

Slide 18:Encyclopedias

California encyclopedias Witkin�s Summary of California Law California Jurisprudence (Cal. Jur.) Legal encyclopedia � written by legal experts. Federal Encyclopedias: These encyclopedias provide a national overview of American law, with footnoted references to court decisions from different states and from federal courts. State (California) Encyclopedias Witkin is shorter and may refer you to related works by Witkin (I.e. California Evidence or California Procedure) but offers a concise treatment of California law. Cal. Jur. Gives a comprehensive overview of California law.Legal encyclopedia � written by legal experts. Federal Encyclopedias: These encyclopedias provide a national overview of American law, with footnoted references to court decisions from different states and from federal courts. State (California) Encyclopedias Witkin is shorter and may refer you to related works by Witkin (I.e. California Evidence or California Procedure) but offers a concise treatment of California law. Cal. Jur. Gives a comprehensive overview of California law.

Slide 19:How to use an encyclopedia:

Decide what keywords you want to search. Look up keywords in the index, usually found in the last volume of the set. Often, legal problems have many aspects that you are interested in learning about, and they can be overwhelming. Deciding what keywords you want to search is a great way to narrow your search. When you look up your keywords in the index, you may not always find the specific terms you are looking for, but often you will get ideas from the index itself. This benefit of �browsing� a print index is lost if you go straight to an electronic search first.Often, legal problems have many aspects that you are interested in learning about, and they can be overwhelming. Deciding what keywords you want to search is a great way to narrow your search. When you look up your keywords in the index, you may not always find the specific terms you are looking for, but often you will get ideas from the index itself. This benefit of �browsing� a print index is lost if you go straight to an electronic search first.

Slide 20:Get a book writtenspecifically about your subject

Self-Help books Treatises Formbooks Practice Manuals Some are a general or �national� overview, while others specifically deal with California�s approach. Sample titles will be listed for illustrative purposes. Some are a general or �national� overview, while others specifically deal with California�s approach. Sample titles will be listed for illustrative purposes.

Slide 21:Exercise #1

I have a neighbor who has a plum tree. The limbs overhang into my yard. When I first moved in I thought � great fresh plums. However, the tree produces more plums than she and I can handle. This is the 5th year and the neighbor has never pruned the tree. This tree drops plums all over my yard which start to develop more plum trees! What can I do? Purpose of this warm up exercise is to start brainstorming search terms and synonyms Neighbor Adjoining landowner Tree Encrochment Also to show that legal concepts are not often necessary � tree is the answer.Purpose of this warm up exercise is to start brainstorming search terms and synonyms Neighbor Adjoining landowner Tree Encrochment Also to show that legal concepts are not often necessary � tree is the answer.

Slide 22:Witkin Summary of CA Law - Index

Trees encroaching, 4, Summary, Real Prop ��423, 424, 425 exempt from tax, 9, Summary, Tax �164 real property, 4, Summary, Pers Prop �68

Slide 23:Answer from Witkin Summary of CA Law

(a) Tree Branches or Roots. (1) [�424] In General. � Where the branches of a tree overhang, or its roots enter the land of another, what are the remedies of the aggrieved owner? He cannot take overhanging fruit. (See 1950 A.S. 621.) Nor can he enter on the other's land and cut down the tree; if he does, he is liable in damages for trespass. (Fick v. Nilson (1950) 98 C.A.2d 683, 685, 220 P.2d 752; see 1950 A.S. 621.) But, under certain conditions, he has three possible remedies: (a) Mandatory injunction. (See infra, �425.) (b) Damages. (See infra, �425.) (c) Self-help. The aggrieved owner may cut off the offending branches or roots at the boundary. This appears to be the normal remedy, recognized mainly by dicta in cases dealing with actions for an injunction or damages. (See Stevens v. Moon (1921) 54 C.A. 737, 740, 202 P. 961; Crance v. Hems (1936) 17 C.A.2d 450, 451, 62 P.2d 395; Bonde v. Bishop (1952) 112 C.A.2d 1, 5, 245 P.2d 617; 1950 A.S. 621; 1951 A.S. 584; 1 Am.Jur.2d, Adjoining Landowners ��126, 127.) A special rule applies, however, where adjoining landowners maintain a hedge or line of trees on their boundary as a shelter or windbreak. They are tenants in common thereof (C.C. 834), and if one attempts to cut down the trees or remove their overhanging limbs [*pg.608] so as to deprive the other of their shelter, he may be enjoined. (Anderson v. Weiland (1936) 12 C.A.2d 730, 55 P.2d 1242; see 26 A.L.R.3d 1372.) �

Slide 24:Hypothetical

A 19 year old woman comes into the library. She put a down payment and purchased a car yesterday. Now she is concerned that the payments of $400 a month will be too much She wants to know if she can �get out of the contract� since it�s only been 24 hours. What are her options? Brainstorm search terms. Automobile Motor vehicle Car Contract Lease Sales Consumer Brainstorm search terms. Automobile Motor vehicle Car Contract Lease Sales Consumer

Slide 25:Consumer Law Sourcebook

Look to secondary sources first. Look to secondary sources first.

Slide 26:Reading Code Citations

Civil Code = Subject Area or Title �2982(q) = Section number West=Publisher 2002 = Date of publication C. C. �2982(q) (West 2002) Pass around volumes Not unusual to come across citations which don�t include publisher. Pass around volumes Not unusual to come across citations which don�t include publisher.

Slide 27:Reading Codes

Read code sections carefully. Multiple readings are often necessary! Pay attention to punctuation. Commas, �and�, �or�, �may�, and �shall� are important. If the code section refers to other code sections, look up those sections as well. (Gov�t. Code �12940)(document camera)(Gov�t. Code �12940)(document camera)

Slide 28:CA Civil Code sec. 2982

THERE IS NO COOLING OFF PERIOD California law does not provide for a "cooling off' or other cancellation period for vehicle sales. Therefore, you cannot later cancel this contract simply because you change your mind, decide the vehicle costs too much, or wish you had acquired a different vehicle. After you sign below, you may only cancel this contract with the agreement of the seller or for legal cause, such as fraud. �------------------------------------------------------------------------ (Added by Stats.1979, c. 805, p. 2788, � 20.5, operative Jan. 1, 1981; Stats.1979, c. 1028, p. 3521, � 2, eff. Sept. 26, 1979, operative Jan. 1, 1981; Stats.1979, c. 1160, p. 4350, � 1.6, operative Jan. 1, 1981. Amended by Stats.1980, c. 1149, p. 3726, � 8; Stats.1980, c. 1380, p. 5028, � 22, eff. Oct. 1, 1980, operative July 1, 1981; . . . .

Slide 29:LARMAC Index to CA Codes

MOTOR VEHICLES- Sales Conditional sales contracts Notice no cooling off period, CC �2982

Slide 30:Expand your research

Library References Consumer Credit 16. Sheriffs and Constables 46. WESTLAW Topic Nos. 48A, 92B, 353. C.J.S. Interest and Usury; Consumer Credit � 302. C.J.S. Motor Vehicles � 39 et seq. C.J.S. Sheriffs and Constables � 236. United States Code Annotated Federal Truth in Lending Act, see 15 U.S.C.A. � 1601 et seq. Collateral References: Witkin, Summary (9th ed) Contracts ��448, 449, 490 Witkin, Summary (9th ed) Pers Prop �167 Witkin, Summary (9th ed) Sales ��233, 234A, 234, 236, 240, 245, 246, 247, 253 Witkin, Procedure (4th ed) Plead �814 The Rutter Group, Enforcing Judgements and Debts (Ahart) �3:157 Cal Jur 3d Consumer L ��157, 222, 223, 227, 228, 229, 230, 231,

Slide 31:Notes of Decisons

Notes Of Decisions � Prepayment of obligation 14 Public officer fees 9 Purpose 4 Recovery of deficiency balance, seller's rights and liability 24 Recovery of depreciation value, seller's rights and liability 22 Recovery of interest on payments, buyer's rights and liability 19 Recovery of payments and trade-ins, buyer's rights and liability 18 Renegotiation 27 Rescission, buyer's rights and liability 17 Repossession, seller's rights and liability 23 Review 38 Sales to dealers 31 Notes of decisions are editorial enhancements that index the decisions that the editorial staff have selected . These are not ALL the cases that cite to or discuss this code section. They are the ones the editorial staff has selected on covering the various issues.Notes of decisions are editorial enhancements that index the decisions that the editorial staff have selected . These are not ALL the cases that cite to or discuss this code section. They are the ones the editorial staff has selected on covering the various issues.

Slide 32:Notes of Decision Cont.

17. � � Rescission, buyer's rights and liability Evidence in suit by buyers of automobile to rescind conditional sales contract supported findings that trade-in value of buyer's automobile was agreed to be $1,150, instead of $200 as sellers contended, that buyers of automobile were induced to sign contract in blank, that sellers made false and fraudulent representations to buyers, and that buyers were not furnished with copy of contract of sale of automobile upon delivery of the automobile as required by this section. Zmak v. Arata Pontiac (App. 1 Dist. 1968) 71 Cal.Rptr. 506, 265 Cal.App.2d 689. Automobile conditional sale contract substantially complied with requirements of this section concerning purchase of automobiles under an installment contract as to "cash price", "down payment", which included an item for discount, and the fees to be paid by seller to public officer as license fee and vehicle registration fee, and purchaser was not entitled to rescission and to restitution of down payments under contract, which through typographical error misstated number of payments to be made. Stasher v. Harger-Haldeman (1962) 22 Cal.Rptr. 657, 58 Cal.2d 23, 372 P.2d 649. Former � 2982 was enacted for the benefit and protection of purchasers of motor vehicles under conditional sales contracts and contracts which do not conform to the requirements of the section are illegal and as purchaser is not regarded as in pari delicto with seller he may rescind the contract. Bratta v. Caruso Car Co.(App. 1958) 166 Cal.App.2d 661, 333 P.2d 807. 18. � � Recovery of payments and trade-ins, buyer's rights and liability Substantial violations of provision of this section, requiring that certain contracts be written render contract unenforceable by seller, and buyer who has made payments under such contract can recover them. Page v. Preuss (App. 2 Dist. 1964) 38 Cal.Rptr. 221, 226 Cal.App.2d 494. Where automobile conditional sale contract was void due to omission of statement of time price differential and contract balance as required by automobile conditional sale contract, buyer's recovery was limited to amount of cash payments which he had made and to actual retail value of his old automobile which he had traded in, Now going directly to note #17 we see a case Zmak v Arata Discuss the citation format going back to the slide on citation format if necessary.Now going directly to note #17 we see a case Zmak v Arata Discuss the citation format going back to the slide on citation format if necessary.

Slide 33:Identifying Case CitationsCalifornia Supreme Court example:

Delaney v. Baker (Names of parties) Delaney (Plaintiff), Baker (Defendant) 20 Cal. 4th 23 (Official Citation) 20 = Volume # Cal. 4th = California Reports, 4th Series 23 = First page of opinion 971 P.2d 986 (Parallel Citation to Pacific Reporter) 82 Cal. Rptr. 2d 610 (Parallel Citation to California Reporter) 1999 (Year of decision) Delaney v. Baker, 20 Cal. 4th 23, 971 P.2d 986, 82 Cal. Rptr. 2d 610 (1999) Point out civil case. Explain parallel citation. Mouse click for each bullet and explain.Point out civil case. Explain parallel citation. Mouse click for each bullet and explain.

Slide 34:Identifying Case CitationsCalifornia Court of Appeal example:

People v. Trotman (Name of parties) People (the State of California/prosecutor) Trotman (Defendant) 214 Cal. App.3d 430(Official Citation) 214 = Volume # Cal. App. 3d = California Appellate Reports, 3rd Series 430 = First page of opinion 262 Cal. Rptr. 640 (Parallel Citation to California Reporter) 1989 (Year of Decision) People v. Trotman, 214 Cal. App.3d 430, 262 Cal. Rptr. 640 (1989) Criminal case. Mouse click for each bullet point and explain.Criminal case. Mouse click for each bullet point and explain.

Slide 35:Parts of a Case

Arrangement of opinion Statement of facts Statement of legal issue or issues presented Ruling or holding Reasoning or rationale for ruling Summary and Headnotes Can be helpful in locating particular issue in an opinion NOT part of the court�s opinion Cannot be cited to in any argument to a court People v. Trotman, 214 Cal.App.3d 430, 262 Cal. Rptr. 640 (1989) Document camera (214 Cal. App.3d 430) Summary at the beginning of the case and the headnotes are prepared by the publisher (Have class participants grab volume and look up case cited above) Facts (pg.432(Cal. App.), 641(Cal Reporter)); Issue (432, 641); Ruling (439, 646)Document camera (214 Cal. App.3d 430) Summary at the beginning of the case and the headnotes are prepared by the publisher (Have class participants grab volume and look up case cited above) Facts (pg.432(Cal. App.), 641(Cal Reporter)); Issue (432, 641); Ruling (439, 646)

Slide 36:Components of a Case continued

Zmak v. Arata Pontiac (1968) 265 Cal.App.2d 689, 71 Cal.Rptr. 506 [Civ. No. 24409. First Dist., Div. Two. Sep 16, 1968.] FRANCIS F. ZMAK et al., Plaintiffs and Respondents, v. ARATA PONTIAC et al., Defendants and Appellants. � HEADNOTES (1)Sales �439(4)�Conditional Sales�Remedies of Buyer�Rescission. �In an action by automobile buyers against an automobile dealer and its employees for rescission of a conditional sales contract for the purchase of an automobile, the trial court properly granted rescission (Civ. Code, � 2983), where defendants falsely stated in the contract the trade- in allowance agreed on by the parties, induced plaintiffs to sign the contract in blank, and failed to deliver a completed copy of the contract at the time of the transaction, in violation of statute (Civ. Code, � 2982), and plaintiffs made a timely election to rescind the contract. See Cal.Jur.2d, Rev., Sales, � 171. � SUMMARY APPEAL from a judgment of the Superior Court of San Mateo County, and from an order denying motion for new trial. Wayne R. Millington, Judge. Judgment affirmed; appeal from order dismissed. Action to rescind a conditional automobile sales contract. Judgment rescinding the contract affirmed. [page 690] � Go over this case.Go over this case.

Slide 37:Components of a Casecontinued

COUNSEL Antonio J. Gaudio for Defendants and Appellants. Grant A. Winther and B. V. Yturbide for Plaintiffs and Respondents. � OPINION AJORITY AGEE, J.� Defendants appeal from a judgment rescinding a conditional automobile sales contract between plaintiffs who are husband and wife, and defendant Arata Pontiac. Defendant Bank of America was the assignee of said contract. Defendants Goodsell and Ellis were employees of defendant Arata Pontiac, a Pontiac dealer. (1) The sole issue on appeal is the sufficiency of the evidence to support certain findings of fact made by the trial court. These findings are that (1) the trade-in value of respondents' car was agreed to be $1,150, instead of $200 as appellants contend; (2) that when the automobile purchased by respondents was delivered to them, they were not furnished with a copy of the contract, as required by Civil Code section 2982; (3) that respondents were induced to sign said contract in blank and that appellants (except Bank of America) made false and fraudulent representations to them. � � Discuss searching on the Counsel field on line Opinion - Who�s the judge in this case?Discuss searching on the Counsel field on line Opinion - Who�s the judge in this case?

Slide 38:Updating Cases

Why Update? Court of Appeal case superseded. By Supreme Court. By other judicial action. �Depublished� decision. Other case opinions may have weakened or overruled your case. How to Update �Shepardize� in the law library Shepard�s in print or on Lexis.com For more details, see the reference librarian Superseded once CA Supreme Court has granted review unless they specify otherwise CA Supreme Court may also choose to �depublish� or partially publish a Court of Appeals decision Questions?? Superseded once CA Supreme Court has granted review unless they specify otherwise CA Supreme Court may also choose to �depublish� or partially publish a Court of Appeals decision Questions??

Slide 39:CA Cases on the Internet

www.findlaw.com/cacases Link to Findlaw Downside you have to register, but the cases go back to 1934. Very comprehensive. Now owned by West Publishing. Could be good or bad � time will tell.Link to Findlaw Downside you have to register, but the cases go back to 1934. Very comprehensive. Now owned by West Publishing. Could be good or bad � time will tell.

Slide 40:Self Help Materials

General: Dog Law The Copyright Handbook Your Rights in the Workplace California specific: Do Your Own Divorce in California Fight Your Ticket in California California Employee Survival Manual Many �do-it-yourself� types of resources are written with minimal �legalese�, and are therefore particularly helpful. Some cover the subject in general, while others are specific to California�s approach to the subject. Many �do-it-yourself� types of resources are written with minimal �legalese�, and are therefore particularly helpful. Some cover the subject in general, while others are specific to California�s approach to the subject.

Slide 41:Treatises

General: Wigmore on Evidence Corbin on Contracts Couch on Insurance California specific: Witkin California Criminal Law Miller & Starr California Real Estate Wilcox California Employment Law Treatises are written for attorneys and academics and cover a specific subject more thoroughly. Because of their target audience, these books tend to be written in legal jargon and may therefore seem intimidating. However, their content can be invaluable and they are worth the extra effort. Similar to the self-help materials, some cover the subject in general, while others are specific to California�s approach to the subject.Treatises are written for attorneys and academics and cover a specific subject more thoroughly. Because of their target audience, these books tend to be written in legal jargon and may therefore seem intimidating. However, their content can be invaluable and they are worth the extra effort. Similar to the self-help materials, some cover the subject in general, while others are specific to California�s approach to the subject.

Slide 42:Form Books

California California Forms of Pleading & Practice California Code Forms Judicial Council Forms Most form books will give you relevant forms with a brief description of the law and instructions in the form�s use. Focusing on California materials: California Forms of Pleading and Practice has very good brief legal articles along with the recommended forms. It can be a good place to begin your research whether you plan to use any of the forms or not. Start with the index at the end of the set! California Code Forms can be used when you have a particular California Code section which calls for a particular form. The books are organized by Code sections rather than by subjects. Judicial Council forms are standardized, fill-in-the-box forms approved by the Judicial Council. California Forms of Pleading and Practice will have a sample, filled in form, where it is relevant. Blank Judicial Council forms can be obtained via the Judicial Council Form book, on the Internet at the Judicial Council�s website, or through the SCPLL�s cd-rom tool, Hotdocs. Most form books will give you relevant forms with a brief description of the law and instructions in the form�s use. Focusing on California materials: California Forms of Pleading and Practice has very good brief legal articles along with the recommended forms. It can be a good place to begin your research whether you plan to use any of the forms or not. Start with the index at the end of the set! California Code Forms can be used when you have a particular California Code section which calls for a particular form. The books are organized by Code sections rather than by subjects. Judicial Council forms are standardized, fill-in-the-box forms approved by the Judicial Council. California Forms of Pleading and Practice will have a sample, filled in form, where it is relevant. Blank Judicial Council forms can be obtained via the Judicial Council Form book, on the Internet at the Judicial Council�s website, or through the SCPLL�s cd-rom tool, Hotdocs.

Slide 43:Legal Research on the Internet

Nolo Press www.nolo.com Findlaw www.findlaw.com LexisOne.com www.lexisone.com We have touched on a number of resources that are available online, either from home or through our public computers here. However, always keep in mind: When doing legal research on the Internet, (MOUSE CLICK) proceed with caution! The Internet as a whole is not regulated and faulty information may be posted. Be sure to VERIFY any legal information you retrieve off the Internet before relying on it. The librarians at SCPLL have put together a guide to Legal Information Websites we find useful (hold up copy/ document camera). A copy of this guide is included in your packet. We have touched on a number of resources that are available online, either from home or through our public computers here. However, always keep in mind: When doing legal research on the Internet, (MOUSE CLICK) proceed with caution! The Internet as a whole is not regulated and faulty information may be posted. Be sure to VERIFY any legal information you retrieve off the Internet before relying on it. The librarians at SCPLL have put together a guide to Legal Information Websites we find useful (hold up copy/ document camera). A copy of this guide is included in your packet.

Slide 44:Sacramento CountyPublic Law Library

Open to the Public 7th Largest CA County Law Library Budget of approximately 1.7 million dollars Operates two facilities 8 Librarians & 8 Para-Professional/clerks We changed our name to better reflect our commitment to serving all segments of the Sacramento Community 7th out of 58 county law libraries The Library is funded from Civil Filing Fee Income. Explain that it�s not all civil filing fees and we receive no state or federal tax support. The Main Library has extended hours. The branch library is located at 3341 Power Inn Rd. Hours, Family Law, Guardianship, Conservatorship, Probate, Traffic, Small Claims and Unlawful Detainer. Who can borrow materials . . . ILL�s Have added more staff to have reference services during all operating hours. We changed our name to better reflect our commitment to serving all segments of the Sacramento Community 7th out of 58 county law libraries The Library is funded from Civil Filing Fee Income. Explain that it�s not all civil filing fees and we receive no state or federal tax support. The Main Library has extended hours. The branch library is located at 3341 Power Inn Rd. Hours, Family Law, Guardianship, Conservatorship, Probate, Traffic, Small Claims and Unlawful Detainer. Who can borrow materials . . . ILL�s Have added more staff to have reference services during all operating hours.

Slide 45:Locate your County Law Library

Visit The Council of County Law Librarians Web site: www.cccll.org Has a list of all the County Law Libraries including links to their Web sites if available.

Slide 46:Success Tips

Don�t expect to locate �the answer� Get to know your county law librarian(s) We have shown you that these materials almost always have a preface in which the publisher explains how to best use them. Take advantage of this. Never let an unfamiliar word pass by without looking it up. It may be critical to your research, it may be critical to your legal presentation. Finally what better way to end the program than to give you a quote from the Guru of Legal Research, Bob Berring, Professor of Law and Legal Research at Boalt Hall University of California Berkeley. We have in our library a set of videotapes. Blah blah blah.We have shown you that these materials almost always have a preface in which the publisher explains how to best use them. Take advantage of this. Never let an unfamiliar word pass by without looking it up. It may be critical to your research, it may be critical to your legal presentation. Finally what better way to end the program than to give you a quote from the Guru of Legal Research, Bob Berring, Professor of Law and Legal Research at Boalt Hall University of California Berkeley. We have in our library a set of videotapes. Blah blah blah.