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Deciphering Legal Citations

Deciphering Legal Citations. February 19, 2011 Katie Fearer, Alaska State Library http://www.library.state.ak.us/ Marinke Van Gelder of the Alaska State Court Law Library assisted with preparation of these slides. Why are we here?. Objectives. Learn what legal citations are

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Deciphering Legal Citations

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  1. Deciphering Legal Citations February 19, 2011 Katie Fearer, Alaska State Library http://www.library.state.ak.us/ Marinke Van Gelder of the Alaska State Court Law Library assisted with preparation of these slides

  2. Why are we here?

  3. Objectives • Learn what legal citations are • Learn how to read legal citations • Decipher citations to frequently used legal resources • Find cited legal authority in online sources • Become familiar with online and print resources about citations

  4. What is a citation? • Reference to legal authority • Common elements: • Name of the legal authority • Volume or title number • Abbreviation for the name of the publication • Page or section number • Date

  5. Structure of AK Gov’t & Major Sources of Law(similar to Fed. Gov’t) Constitution • Legislative acts • Found in slip laws, session laws and codified statutes • Court decisions • Found in case reporters and files • Regulations, executive orders • Found in registers/public notices and administrative code Source of structure diagram: State of Alaska Legislative Affairs Agency, Handbook on Alaska State Government, August 2004, available at w3.legis.state.ak.us/docs/pdf/handbook.pdf

  6. Legislative Sources • Legislative acts • P.L., Stat., SLA, U.S.C., U.S.C.A., AS

  7. United States Statutes At Large Electronic Duck Stamp Act of 2005, P.L. 109-266, 120 Stat. 670 (2006) <name of law> <public law number> <volume> <book/source><page #> <year enacted> P.L. = Public Law. 109 = 109th Congress Stat. = United States Statutes at Large • U.S. legislative acts organized chronologically • Public Laws may also be abbreviated “Public Law” or “Pub. L.” • May see only brief citation, such as 120 Stat. 670

  8. Session Laws of Alaska An Act Extending the Council on Domestic Violence and Sexual Assault, 4 SLA 2007 §1, ch. 4 SLA 2007 <section number or name of act><chapter><book/source><year enacted> SLA = Session Laws of Alaska • AK legislative acts organized chronologically

  9. United States Code, United States Code Annotated 16 U.S.C. §718a (2006) 16 U.S.C.A. §718a (2006)  <title><book/source><section><year compiled>  U.S.C.=United States Code U.S.C.A.=United States Code Annotated • Legislative acts organized by topic

  10. Alaska Statutes AS 44.66.010(5) (2008) <book/source><title. chapter.section><year compiled> AS=Alaska Statutes • Legislative acts organized by topic

  11. Stat. and U.S.C. Online http://www.gpoaccess.gov; http://www.gpo.gov/fdsys/

  12. SLA and AS Online http://www.legis.state.ak.us/basis/folio.asp

  13. Administrative Sources • Regulations, executive orders • Fed. Reg., C.F.R., Alaska Online Public Notice System, AAC

  14. Federal Register 74 Fed. Reg. 14049 (Mar. 30, 2009) <volume> <book/source> <page #> <date of publication> Fed. Reg. = Federal Register • Proposed and final regulations, analysis, notices issued by administrative agencies, executive orders • Currently, no comparable print publication in Alaska – use Online Public Notice System

  15. Code of Federal Regulations 29 C.F.R. §553.11 (2006) <title><book/source><section><year compiled> C.F.R. = Code of Federal Regulations • Regulations organized by issuing agency • Also includes executive orders

  16. Alaska Administrative Code 22 AAC 05.010 (2007) <title><book/source><chapter.section><year compiled> AAC = Alaska Administrative Code • Regulations organized by issuing agency • The Alaska Administrative Code might also be cited in this way: Alaska Admin. Code tit. 22, §05.10 (2005)

  17. Federal Executive Orders Exec. Order No. 11,644, 72 Fed. Reg. 56165 (Oct. 2, 2007) Exec. Order No. 11,644, 3 C.F.R., 2007 Comp., p 237 (2008) <book/source><order #><section><citation to publication in which order is published> • Citation may exclude the publication (Exec. Order No. 11,644) • Published chronologically in the Fed. Reg. since 1936 • Compiled annually in Title 3 of the C.F.R.

  18. Alaska Executive Orders Executive Order No. 67, § 1 (1987) <book/source><order #><section><year issued> • Published in volume 11 of AS

  19. Fed. Reg., C.F.R., Exec. Orders Online http://www.gpoaccess.gov; http://www.gpo.gov/fdsys/

  20. AAC, Executive Orders Online; Online Public Notice System http://www.legis.state.ak.us/basis/folio.asp

  21. Judicial Sources • Court decisions • P., P.2nd, P.3rd, U.S.

  22. Alaska Court System (in general) • District Court – misdemeanors, city and borough ordinances, small civil claims • Superior Court – civil and criminal matters, appeals from District Court • Court of Appeals – appeals in criminal cases, cases in which a minor is accused of a crime • Supreme Court – appeals from Superior Court Source: State of Alaska Legislative Affairs Agency, Handbook on Alaska State Government, August 2004, available at w3.legis.state.ak.us/docs/pdf/handbook.pdf

  23. About Court Decisions • Decisions from some courts are published in case reporters • Alaska Court of Appeals • Alaska Supreme Court • Only important decisions are “reported” • “Unreported” decisions may still show up in databases • Obtain decisions from courts without reported opinions directly from the courts • Alaska District Court • Alaska Superior Court

  24. Alaska State Cases: Supreme Court & Court of Appeals Williams v. Zobel, 619 P.2d 448 (Alaska 1980) Zimmerman v. State, 706 P.2d 343 (Alaska App 1985) <Parties><Volume #><Reporter><Page# ><Court & date> Parties = Appellant versus Appellee • Last name of first appellant and first appellee named in the case P2d = Pacific Reporter, 2nd Series • Currently 3 series : P., P.2d, P.3d Page # = first page of the case • Sometimes another specific page of the case is also noted Alaska = Alaska Supreme Court Alaska App = Alaska Court of Appeals Date = year the case was decided

  25. Alaska State Trial Courts (Superior or District Court) Decisions not published. Some information available online. Request case records from the court. Bean v. Grant, 1JU-96-01727CI <Parties> <Case Number> Case Number = Judicial District & Court – Year – Unique Number & Case Type Parties = Plaintiff versus Defendant

  26. Alaska Cases Online http://government.westlaw.com/akcases/

  27. U.S. Supreme Court Cases Miranda v. Arizona, 384 U.S. 436, 16 L. Ed 2d 694, 86 S. Ct. 1602 (1966) U.S. = United States Reports (U.S.G.P.O.) L. Ed. or L. Ed. 2d = United States Supreme Court Reports, Lawyer’s Edition, 1st series or 2d series (Lexis) S.Ct. = Supreme Court Reporter (Thomson/West)

  28. Supreme Court Cases Online http://www.findlaw.com/casecode/supreme.html

  29. Online Resources to Help You • Alaska Court System. “Legal Research – Alaska Links.” http://www.state.ak.us/courts/aklegal.htm • Alaska State Legislature. “List of Common Abbreviations.” (2 pages) http://w3.legis.state.ak.us/docs/pdf/abbracro.pdf •  American Association of Law Libraries. How to Find Legal Material if you Already Have a Citation. August 14, 2006. http://www.aallnet.org/sis/lisp/cite.htm. • Martin, Peter W. Introduction to Basic Legal Citation. Cornell Legal Information Institute. http://www.law.cornell.edu/citation/

  30. Questions Thank You Katie Fearer, Alaska State Library kathleen.fearer@alaska.gov, 907-465-2988

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