U.S. Legal Research

U.S. Legal U.S. Legal ResearchResearchU.S. Legal U.S. Legal ResearchResearch

Last updated 3/12/2009

Characteristics of U.S. Legal Research

Characteristics of U.S. Legal Research

Complex and Unwieldy Three Branches of Government:

– Executive– Legislative– Judicial

Federal and State Law U.S. Common Law System

Complex and Unwieldy Three Branches of Government:

– Executive– Legislative– Judicial

Federal and State Law U.S. Common Law System

[Untitled image of three branches of United States government] . Retrieved 3/13/2009 from http://www.ohagan.net/courses/ap_gov/lec_notes_00.htm

Primary Sources: Constitutions, Statutes, Court

Decisions, Administrative Regulations

Secondary Sources: American Law Reports (ALR),

Restatements, Treatises, Law Reviews, etc.

Primary Sources: Constitutions, Statutes, Court

Decisions, Administrative Regulations

Secondary Sources: American Law Reports (ALR),

Restatements, Treatises, Law Reviews, etc.

Sources of LawSources of Law

Statutes and CodesStatutes and Codes

Federal statutes are codified in the United States Code.

A Code is defined as:A collection of all the current laws

of general application, organized by subject

Federal statutes are codified in the United States Code.

A Code is defined as:A collection of all the current laws

of general application, organized by subject

United States CodeUnited States Code

The official code for federal statutes

Divided into 50 “titles” or subjects

e.g. 8 U.S.C. §471 (2000)

The official code for federal statutes

Divided into 50 “titles” or subjects

e.g. 8 U.S.C. §471 (2000)

A federal statute starts out as a bill, introduced in a session of Congress

A federal statute starts out as a bill, introduced in a session of Congress

Examples:H.R. 250S. 2

Slip LawSlip Law

Definition:–An individual copy of a law published shortly after enactment.

Definition:–An individual copy of a law published shortly after enactment.

Example of a citation to a slip law

Example of a citation to a slip law

Pub. L. No. 105-159–Read as: the 159th public law passed by the 105th Congress

Pub. L. No. 105-159–Read as: the 159th public law passed by the 105th Congress

Session LawsSession Laws

Definition:–A collection of all laws passed during a legislative session arranged in chronological order

Definition:–A collection of all laws passed during a legislative session arranged in chronological order

Session Laws for Federal StatutesSession Laws for Federal Statutes

Are in the Statutes at Large

e.g. 99 Stat. 93 (1985)– Read as: the law beginning

on page 93 of the 99th volume of the Statutes at Large

Are in the Statutes at Large

e.g. 99 Stat. 93 (1985)– Read as: the law beginning

on page 93 of the 99th volume of the Statutes at Large

Public Laws are published in chronological order and bound into:

Statutes at Large (official)

U.S. Code Congressional & Administrative News (commercial)

Citation:– “Drug and Household Substance

Mailing Act of 1990,” P.L. 101-493, 104 Stat. 1184

Public Laws are published in chronological order and bound into:

Statutes at Large (official)

U.S. Code Congressional & Administrative News (commercial)

Citation:– “Drug and Household Substance

Mailing Act of 1990,” P.L. 101-493, 104 Stat. 1184

Federal and States Cases

Federal and States Cases

Interpret statutes (regulations, constitutional provisions, etc.)

Judge-made common law when no written law pertains

Interpret statutes (regulations, constitutional provisions, etc.)

Judge-made common law when no written law pertains

Court Structur

e of Texas

Taken from http://www.courts.state.tx.us

/

Court Structur

e of Texas

Taken from http://www.courts.state.tx.us

/

Taken from http://www.cusd.com/calonline/apgov/module4/lesmod4/4_15.ht

m

Taken from http://www.cusd.com/calonline/apgov/module4/lesmod4/4_15.ht

m

U.S. Supreme Court Citation

U.S. Supreme Court Citation

Elements: Parties volume-reporter-page (year of decision [NEVER the

court!])

Elements: Parties volume-reporter-page (year of decision [NEVER the

court!])

Baker v. Carr, 369 U.S. 186 (1962)

Federal Circuit Court Citation

Federal Circuit Court Citation

Elements: Parties volume-reporter-page (court [if needed to specify jurisdiction]

and year of decision)

Elements: Parties volume-reporter-page (court [if needed to specify jurisdiction]

and year of decision)

Sierra Club v. Larson, 2 F.3d 462 (1st Cir. 1993)

Federal District Court Citation

Federal District Court Citation

Elements: Parties volume-reporter-page (court [if needed to specify jurisdiction]

and year of decision)

Elements: Parties volume-reporter-page (court [if needed to specify jurisdiction]

and year of decision)

United States v. Bin Laden, 146 F.Supp.2d 373 (S.D.N.Y 2001)

NY Court of Appeals Citation[state court of last resort]

NY Court of Appeals Citation[state court of last resort]

Elements: Parties volume-reporter-page of official

reporter parallel reference(s) to regional

reporter(s) (year of decision [NEVER the court!])

Elements: Parties volume-reporter-page of official

reporter parallel reference(s) to regional

reporter(s) (year of decision [NEVER the court!])

Witter v. Taggart, 78 N.Y.2d 234, 577 N.E.2d 338, 573 N.Y.S.2d 146 (1991).

NY Appellate Division Citation

[state courts of intermediate appellate jurisdiction]

NY Appellate Division Citation

[state courts of intermediate appellate jurisdiction]

Adamy v. Ziriakus, 231 A.D.2d 80, 659 N.Y.S.2d 623 (4th Dep’t 1997).

Elements: Parties volume-reporter-page of official

reporter parallel reference(s) to regional

reporter (court [if needed to specify jurisdiction] and

year of decision)

Elements: Parties volume-reporter-page of official

reporter parallel reference(s) to regional

reporter (court [if needed to specify jurisdiction] and

year of decision)

NY Supreme Court Citation[trial-level courts]

NY Supreme Court Citation[trial-level courts]

Dorfman v. Berman, 186 Misc. 2d 415, 718 N.Y.S.2d 142 (Sup. Ct. Albany County 2000).

Elements: Parties volume-reporter-page of official

reporter parallel reference(s) to regional

reporter (court [if needed to specify jurisdiction] and

year of decision)

Elements: Parties volume-reporter-page of official

reporter parallel reference(s) to regional

reporter (court [if needed to specify jurisdiction] and

year of decision)

The Thirteen Federal Judicial CircuitsThe Thirteen Federal Judicial Circuits

Regional Reporters (State Cases)Regional Reporters (State Cases)

What is “Updating”?What is “Updating”?

Remember, a statute or case is only good law if it has not been overruled, superseded, repealed, or otherwise invalidated.

Updating is the process of verifying that the statute or case is still good law.

Remember, a statute or case is only good law if it has not been overruled, superseded, repealed, or otherwise invalidated.

Updating is the process of verifying that the statute or case is still good law.

In the Bad Old Days…In the Bad Old Days…

Updating was done via books called “Shepards Citators”

Today, you would simply use Westlaw or Lexis, and view the results on your computer screen.

Updating was done via books called “Shepards Citators”

Today, you would simply use Westlaw or Lexis, and view the results on your computer screen.

I cannot teach you how to Shepardize…

I cannot teach you how to Shepardize…

Better than the tutorials already available from Lexis and Shepards.

These tutorials, available at http://web.lexis.com/help/multimedia/detect.asp?sPage=mom, are VITAL to your understanding of how to update cases and statutes.

Better than the tutorials already available from Lexis and Shepards.

These tutorials, available at http://web.lexis.com/help/multimedia/detect.asp?sPage=mom, are VITAL to your understanding of how to update cases and statutes.

ReferencesReferences[Untitled image of three branches of United States

government] . Retrieved 3/13/2009 from http://www.ohagan.net/courses/ap_gov/lec_notes_00.htm

Texas Courts Online. (n.d.). [Untitled image of the Texas court structure]. Retrieved 3/13/2009 from http://www.courts.state.tx.us/.

[Untitled image of three random volumes of the United States Code Annotated]. Unknown date.

[Untitled image of the federal court structure]. Retrieved 4/16/2008 from http://www.cusd.com/calonline/apgov/module4/lesmod4/4_15.htm (now offline).

[Regional Reporters (States Cases): National Reporter System Map. ] Retrieved 3/13/2009 from http://lib.law.washington.edu/ref/repdig.html.

[The Thirteen Federal Judicial Circuits]. Retrieved 3/13/2009 from http://www.slaw.neu.edu/library/onellegalpractice.htm

[Untitled image of three branches of United States government] . Retrieved 3/13/2009 from http://www.ohagan.net/courses/ap_gov/lec_notes_00.htm

Texas Courts Online. (n.d.). [Untitled image of the Texas court structure]. Retrieved 3/13/2009 from http://www.courts.state.tx.us/.

[Untitled image of three random volumes of the United States Code Annotated]. Unknown date.

[Untitled image of the federal court structure]. Retrieved 4/16/2008 from http://www.cusd.com/calonline/apgov/module4/lesmod4/4_15.htm (now offline).

[Regional Reporters (States Cases): National Reporter System Map. ] Retrieved 3/13/2009 from http://lib.law.washington.edu/ref/repdig.html.

[The Thirteen Federal Judicial Circuits]. Retrieved 3/13/2009 from http://www.slaw.neu.edu/library/onellegalpractice.htm