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PA201 Introduction to Legal PA201 Introduction to Legal ResearchResearchUnit 2 – Statutory ResearchUnit 2 – Statutory ResearchA. E. Sloan (2009). Basic Legal Research Tools and Strategies (4th ed.). New York: Aspen Publishers
REVIEW OF UNIT 1REVIEW OF UNIT 1Primary 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 1REVIEW OF UNIT 1Citing:
◦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 2CHECKLIST 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 There are four main sources of lawof lawConstitutionsStatutesCourt opinions (also called cases)Administrative regulations
The preeminent source of The preeminent source of the lawthe lawConstitutionsFederal and State
ConstitutionsConstitutionsA 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.
StatutesStatutesCreated by the Legislative BranchIdea -> 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 CodesOrganizations of CodesFederal 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; Official vs. Unofficial; Annotated vs. UnannotatedAnnotated vs. UnannotatedOfficial – published by
governmentUnofficial – published by
commercial entityAnnotated – has summaries of
cases and other sources for each section, to help clarify issues.
Unannotated – no summaries
Determining Authority of Determining Authority of Court DecisionsCourt DecisionsTrial 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 OpinionsSupreme Court OpinionsThe 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 Jurisdiction and its effect on AuthorityAuthorityRules 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 ConstitutionsCiting ConstitutionsFederal:
◦U.S. Const. amend. XX ◦U.S. Const. art. I, § 2, cl. 3
State: ◦Cal. Const. art. XIV
Citing StatutesCiting StatutesCitation 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 Statutes on State WebsitesWebsitesEach 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 Statutes on State WebsitesWebsitesWe will focus on the State
website right nowLet’s say we are looking for a
punishments for the Kidnapping Statute
There is a couple of ways we can search.
Statutes on State Statutes on State WebsitesWebsitesIf you know the Title or are
familiar with the category it will fall under then you can look it up that way
Beginning of Florida Beginning of Florida StatutesStatutes
CRIMESCRIMES
CHAPTER 787 KIDNAPPINGCHAPTER 787 KIDNAPPING
SELECT KIDNAPPING 787.01SELECT KIDNAPPING 787.01
Once it is selected, you will Once it is selected, you will be able to view the entire be able to view the entire statutestatute
Read the Entire StatuteRead the Entire Statute
Click on links that provide Click on links that provide additional informationadditional information
Link takes you directly to the Link takes you directly to the statutestatute
Additional Information Links Additional Information Links Provide:Provide:Will provide:DefinitionsAggravating factorsPrison sentences –
mandatory/maximum/minimum sentences
Plenty of other informationLinks will take you directly to the
statute that addresses it
Another way to search is by Another way to search is by word or Topicword or TopicMost Common Way to Search
Search ResultsSearch Results
Same ResultsSame Results
ANY QUESTIONS?ANY QUESTIONS?
Written AssignmentWritten AssignmentIn 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 PatternCollins Fact PatternThe basis of the Course ProjectUnderstand the factsEach paragraph list specific facts
that needs to be considered when doing case research for this project
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