Download
1 / 33
330 likes | 637 Views
PA201 Introduction to Legal Research Unit 2 – Statutory Research. A. E. Sloan (2009). Basic Legal Research Tools and Strategies (4 th ed.). New York: Aspen Publishers. REVIEW OF UNIT 1. Primary vs. Secondary Sources: Primary – rules of law (ex. Constitution, statute, case law, etc.)
E N D
PA201 Introduction to Legal ResearchUnit 2 – Statutory Research A. E. Sloan (2009). Basic Legal Research Tools and Strategies (4th ed.). New York: Aspen Publishers
REVIEW OF UNIT 1 • Primary vs. Secondary Sources: • Primary – rules of law (ex. Constitution, statute, case law, etc.) • Secondary – commentary on the law (ex. Treatises, law review articles, etc.) • Mandatory (Binding) vs. Persuasive (Nonbinding) Authority: • Mandatory – court is obligated to follow • Persuasive – court may follow if they are persuaded to, but does not have to
REVIEW OF UNIT 1 • Citing: • Cases - Baker v. Carr, 369 U.S. 186 (1962) • Statutes - 12 U.S.C.A. § 1986 (1996) • Rules - Fed. R. Civ. P. 12 (b)(6).
CHECKLIST FOR UNIT 2 • Review the unit introduction and key terms • Learn about legislative history by listening to “I’m Just a Bill Away” • Learn about the U.S. Constitution by playing Double Jeopardy • Read Chapter 6 of Basic Legal Research Tools and Strategies • Read about drunk driving statutes and see a statute in action • Learn about Bluebook Rules 12.1 and 12.2 • Learn about the Collins Fact Pattern • Participate on the Discussion Board • Attend and participate in this week’s Seminar • Complete and submit the Written Assignment • Review the unit’s key terms • Take the Unit 2 Quiz
There are four main sources of law • Constitutions • Statutes • Court opinions (also called cases) • Administrative regulations
The preeminent source of the law • Constitutions • Federal and State
Constitutions • A state’s constitution may grant greater rights than those secured by the federal constitution, but because a state constitution is subordinate to the federal constitution, it cannot provide lesser rights than the federal constitution does. • All of a state’s legal rules must comport with both the state and federal constitutions.
Statutes • Created by the Legislative Branch • Idea -> Bill -> Committees -> Vote -> Other house (for committee review and vote) -> President signs/veto • Three step process for laws that are enacted: • Published as a separate document – Public Law • Published as slip laws for each session of Congress • Published officially as a part of the complete code
Organizations of Codes • Federal Code is broken down by “Title” – they are numbered, and each are identified by name as well (ex: Title 18 Crimes and Criminal Procedure; Title 11 Bankruptcy). Broken down by Part, chapter and section. • State codes will be broken down either by title, chapter or code. Within any main section, it is further divided down; names may vary, depending on what they call the main sections.
Official vs. Unofficial; Annotated vs. Unannotated • Official – published by government • Unofficial – published by commercial entity • Annotated – has summaries of cases and other sources for each section, to help clarify issues. • Unannotated – no summaries
Determining Authority of Court Decisions • Trial Courts are at the bottom of the judicial hierarchy. (In Federal Courts trial courts are District Courts…In state Courts trial courts are Circuit Courts.) • Intermediate level courts are appellate courts. (Federal = Circuit Court State = District) • Court of Last Resort – Supreme Court
Supreme Court Opinions • The Supreme Court may follow opinions of lower courts, but is never obligated to do so. However, opinions of the Supreme Court are MANDATORY authority for both intermediate appellate courts and trial courts subordinate to it in structure. The Supreme court is not bound by its prior decisions but is deferential to them.
Jurisdiction and its effect on Authority • Rules stated within a court opinion are only mandatory authority within the court’s jurisdiction. • A Texas Supreme Court decision is not mandatory in Illinois but is Mandatory in a Texas trial or appellate court.
Citing Constitutions • Federal: • U.S. Const. amend. XX • U.S. Const. art. I, § 2, cl. 3 • State: • Cal. Const. art. XIV
Citing Statutes • Citation of an entire statute: Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601-9675 (2000). • Citation of an individual provision of the United States Code: 28 U.S.C. § 1291 (2000).
Statutes on State Websites • Each State Government Website has a place where statutes can be located • Some are user friendly and some aren’t • Need to have an understanding of searching on a State Website and/or electronic sources (i.e. Lexis Nexis)
Statutes on State Websites • We will focus on the State website right now • Let’s say we are looking for a punishments for the Kidnapping Statute • There is a couple of ways we can search.
Statutes on State Websites • If you know the Title or are familiar with the category it will fall under then you can look it up that way
Once it is selected, you will be able to view the entire statute
Additional Information Links Provide: • Will provide: • Definitions • Aggravating factors • Prison sentences – mandatory/maximum/minimum sentences • Plenty of other information • Links will take you directly to the statute that addresses it
Another way to search is by word or Topic • Most Common Way to Search
Written Assignment • In the web exploration of drunk driving statutes, you identified two states' statutes using the web. • Now, using Findlaw, identify two additional states' statutes drunk driving statutes and briefly paraphrase what each says. In addition, note any key differences (i.e. blood alcohol level limits, penalties for violations of the law) between the statutes you located through Findlaw. • Be sure to include the proper Legal Bluebook citation for the state statutes.
Collins Fact Pattern • The basis of the Course Project • Understand the facts • Each paragraph list specific facts that needs to be considered when doing case research for this project
