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Basic Legal Skills

Basic Legal Skills. Finding Cases Jan. 28, 2005. Cases: terminology. Case = decision= opinion Published vs. unpublished Mandatory and persuasive authority. Court Structure – Federal and State. Reporters. “slip opinion” → “advance sheet” → Reporter

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Basic Legal Skills

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  1. Basic Legal Skills Finding Cases Jan. 28, 2005

  2. Cases: terminology • Case = decision= opinion • Published vs. unpublished • Mandatory and persuasive authority

  3. Court Structure – Federal and State

  4. Reporters • “slip opinion” → “advance sheet” → Reporter • official vs. unofficial (parallel citations) • National Reporter System (West) • All federal and state cases; chronological • 7 Regional Reporters (state cases) • Reporters in the Law Library, http://lib.law.washington.edu/ref/repdig.htm

  5. Traditional Case Finding Methods • Digests • American Law Reports (ALR) and Secondary Sources • Electronic databases

  6. American Digest System (West) What is a Digest? • Acts as an index to the National Reporter system • find cases by legal issue or subject • A tool that collects and organizes case law by subject (“topic”) and narrow sub-headings (“key numbers”) • over 400 “topics” (e.g., contracts, searches and seizures, wills) • Gives brief summaries of cases • headnotes from cases

  7. Using Digests – 4 steps • Select best Digest • Locate Topic and Key Number • Read case summaries • Update (pocket parts etc.)

  8. Locating the Correct Digest 1. Jurisdiction Federal, State, Regional & Combined 2. Date Cover a set period of time – ie. 10 year blocks 3. Digests in the Law Library, http://lib.law.washington.edu/ref/repdig.htm#digests

  9. Law Library has these:

  10. Topic and Key Number The Topic and Key Number

  11. Find Topic & Key Number (3 ways) • One good case • Descriptive Word Index • Review Topic outline

  12. (1) One Good Case Approach • You have a case that is on point • Find the Topic and Key Number of the relevant issue (looking in headnotes) • Go to that Digest volume and search for cases in your jurisdiction

  13. (2) Use Descriptive Word Index 1. Generate some general Search Terms 2. Look in Descriptive Word Index to narrow down terms and locate correct Topic 3. Use the Key Numbers within the Topic to pinpoint relevant issues

  14. Generate search terms.

  15. (3) Use relevant Topic Volume 1. Retrieve the Digest volume containing your Topic (on spine) 2. Scan Topic/Subject & Key Number outline 3. Browse the relevant Key Number sections for cases in your jurisdiction

  16. The digest topic “Animals” appears in this book

  17. Scan the “Analysis” table for a relevant key number

  18. Updating Digest Research 1. Check pocket part of volume you are using --- including Descriptive Word Index 2. Check the Interim pamphlet – updates pocket part 3. Check Mini-Digest in relevant Reporter volumes

  19. American Law Reports • Full-text of important cases from variety of jurisdictions AND • “Articles” or “annotations” providing in-depth analysis and overview of legal topic • case citations and summaries • references to other secondary sources

  20. Research Process for A.L.R.s • Look for your search term in the Index • Narrow down your issue and go to the appropriate volume. * Read the same as a case citation* 97 A.L.R. 3rd 688 Volume Series Page

  21. Update by referring to the pocket part.

  22. Finding Cases with Secondary Sources

  23. Finding Cases . . . Continued

  24. Westlaw • Key Number Digest: “Custom Digest” • Topics translated into numbers (Adoption = 17) • Adoption “key number” 16 (revoking adoption) • Key Search • “scripted” searches with Key Numbers and Terms • Go to http://lawschool.westlaw.com

  25. Exercise • Question: if I stop using the easement over my neighbor’s property to access my house will I lose my rights to that easement? • ½ class uses Westlaw Key Number Digest • ½ class uses Westlaw Key Search • Go to: http://lawschool.westlaw.com

  26. Lexis: Search Advisor

  27. Lexis Search Advisor • Classification system of over 4000 legal topics • Retrieve cases and secondary sources (law review articles etc.) on topic. • -uses Lexis Headnotes (different Westlaw headnotes)

  28. Lexis Exercise • Question: Is probable cause required to order a person to participate in a witness lineup in a criminal investigation? • Go to: http://www.lexisnexis.com/lawschool/ • Use Search Advisor to locate Washington state cases on the topic.

  29. Caselaw Research Checklist • Preliminary Analysis • jurisdiction, terms, time period • Consult Secondary Sources • note Topic/Key Numbers, cases, statutes • Annotated Statutes • Read cases • Use Digest or other secondary sources to find more cases • Update (review citators next week)

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