Hit a Grand Slam with Legal Research

Hit a Grand Slam with Legal Research

Presented and Created by the Librarians at RWU Law Library:

• Nan Balliot• Emilie Benoit• Stephanie Edwards• Lucinda Harrison-Cox• Kathleen MacAndrew• Heather McHenry• Raquel M. Ortiz

Clicker Setup: Channel 8

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What’s Your Favorite Baseball Team?

1. Red Sox2. Yankees3. Neither – that

rivalry is so last century.

4. I’d rather be shopping.

5. Who cares?Red Sox

Yankees

Neither –

that r

ivalry is

so...

I’d ra

ther b

e shopping.

Who ca

res?

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How Do You Start Your Research?

1. Google2. An Online Database3. A Book Index4. Smart people –

colleagues, professors, reference librarians

5. OtherGoogle

An Onlin

e Database

A Book Index

Smart people – co

lleag

u...Oth

er

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Would You Rather?

Our Hypothetical

• Frannie Fan was sitting at left field for a game of her beloved Scranton Red Bisons when she was hit by a foul ball hit by visiting DH Joseph Hyundai.

• What cause of action, if any, does Frannie have against the baseball teams or the park owner?

Which of these questions involves research?

1. What does Pa. R. Civ. Pro. R. 1035 say about motions for summary judgment?

2. What is the case at 871 A.2d 304?3. Find the Pennsylvania Commonwealth

Court decision Pakett v. The Phillies, L.P.4. How many days does a defendant

have to answer a complaint in the Pennsylvania Court of Common Pleas?

5. Does a baseball player on the visiting team owe a duty of care to a person attending the game?

6. All of the above7. None of the above

What d

oes Pa. R

. Civ.

Pro. ..

What is

the ca

se at

871 A...

Find th

e Pennsylvania ...

How many d

ays does a

d...

Does a base

ball play

er o...

All of t

he above

None of the ab

ove

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Find: A Tool at Your Disposal

Find the Pennsylvania Commonwealth Court decision

Pakett v. The Phillies, L.P.

From Single to Homerun: One Known Source

• Find discussion• Find similar sources• Find other authority

Pakett v. The Phillies, L.P., 871 A.2d 304

(Pa. Cmwlth. 2005).

871 A.2d 304

Westlaw: Keycite - Citing References

Liability to spectator at baseball game who is hit by ball or injured as result of other hazard of game, 91 A.L.R.3d 24

Cause of Action for Injury to Sports Spectator, 20 Causes of Action 2d § 361

CJS Entertainment and Amusement; Sports § 134, Baseball and Softball Games

4 West’s Pennsylvania Practice § 16.7, Activities associated with inherent risks

Discussed in:

McMahon v. Pleasant Valley West Ass'n, 952 A.2d 731 (Pa. Cmwlth. 2008)Crespin v. Albuquerque Baseball Club, LLC, 216 P.3d 827 (N.M. App. 2009)

Lexis: Shepardize

• It’s No Game: The Practice and Process of the Law in Baseball, and Vice Versa, 20 Seton Hall J. Sports & Ent. L. 249 (2010)

• Flying Objects: Arena Liability for Fan Injuries in Hockey and Other Sports, 15 Sports Law. J. 115 (2008)

• Defenses, 48 Pennsylvania Law Encyclopedia § 6

Lexis.com: Issue Analysis

Actions Involving Baseball, 26-130 Personal Injury--Actions, Defenses, Damages § 130.11

Elements of Actionable Negligence, In General 57A Am Jur 2d Negligence § 71

Your Teammates: At Home and Away

LawLibraryHelp@rwu.edu401-254-4547

http://law.rwu.edu/lawlibrary

Primary vs. Secondary Sources

Primary Sources• Statements of the Law

• Government Issued

• Controlling or Binding Authority

Secondary Sources• Interpretation of the Law

• Written by Experts and Others

• (May be) Persuasive Authority

Examples of Primary & Secondary Sources

Secondary Sources• Encyclopedias• American Law Reports

(ALR)• Treatises• Practice Materials • Law Reviews

Primary Sources• Laws or statutes • Court opinions• Rules and regulations• Executive orders and

proclamations

Would You Rather?

Why Use Secondary Sources?

• Money• Background– Controlling jurisdiction– Controlling authorities

• Find citations• Find search keywords

Encyclopedias

National coverage: American Jurisprudence

2d [Am. Jur. 2d] Corpus Juris Secundum

[C.J.S.]State coverage: New York Jurisprudence 2d Witkin’s Summary of California Law

First Pitch: Index

• Term?– Baseball

Term: Baseball

Topic & Section:• Enter § 76

Topic & Section: Enter § 76• Table of Abbreviations

• Enter = Entertainment and Sports Law

Entertainment and Sports Law § 76

Always Check the Pocket

Part!

• A pocket part may be labeled a “cumulative supplement.”

• It will be located in the back of the volume partially in a “pocket.”

• If a pocket part becomes too large it may be replaced by a free standing cumulative supplement.

Useful encyclopedia features:

Table of Contents

Useful encyclopedia features:

Table of ContentsCorrelation Table

Useful encyclopedia features:Table of ContentsCorrelation TableVolume Index

Online Availability: Lexis

Am. Jur. 2d States: Cal., Fla., Ill.,

Mich., N.Y., Ohio, Pa., Tenn., Tex., Va./W.Va.

Westlaw Am. Jur. 2d C.J.S. States: Cal., Fla., Ind.,

Md., Ohio, Pa., Tex.

American Law Reports

Citations to Other Sources

Annotation Index

Table of Jurisdictions Represented

Pocket Part!

Online Availability

Treatises

American Law of Torts (Speiser et al.)

Harper, James, & Gray on Torts Fundamentals of Sports Law

Essentials of Sports Law

IndexTable of ContentsTable of CasesTable of StatutesPocket PartOnline Availability

Practice Materials

Massachusetts Practice

Law Reviews & Law Journals

Primary Sources: Statutes

Constitution

Legislature

Statutes

Judiciary

Case Law

Executive

Regulations, Administrative

Decisions, Executive Orders

Unannotated Code

Text

History

Annotated CodeText

History

Secondary Source

Citations

MoreSecondary

Source Citations

Annotations

Another Question

• Must Franny file her claim within a certain amount of time after the accident?

Purdon’s Pennsylvania Consolidated Statutes Annotated

General Index

Injuries to person caused by wrongful act, neglect, unlawful violence or negligence , 42 Pa.C.S.A. § 5524

Personal injuries, 42 Pa.C.S.A. § 5524

History (continued) Law review articlesWest Topics and Key

Numbers CJS encyclopedia topics

and sections

State-specific encyclopedia Forms Treatises and Practice Aids

Notes of Decisions

Pocket Part!

Amendments to the statute More annotations

Online Availability

Online Availability

Primary Sources

Constitution

Legislature

Statutes

Judiciary

Case Law

Executive

Regulations, Administrative

Decisions, Executive Orders

Case Law

• What if we did not have one good case like this one?

Reporters

The DH: The Digest

Case

Headnote

Digest

Which Digest?

Atlantic Digest, 2d Series

Descriptive Word Index

Pocket Part!

Headnotes & Citations

Pocket Part!

Table of Cases

Updating

• Lexis.com

• Lexis Advance

• Classic Westlaw

• Westlaw Next

Triple Play: The Internet

Incomplete NO headnotes NO digest Limited full text searching NO Updating!

Digest: Online Availability

Cases: Online Availability

SEVENTH INNING STRETCH!

Print, Online or Both?

Would You Rather?

If you are asked to research an area of law unfamiliar to you, would you choose:

1. Print Treatise2. Database

Print T

reati

se

Database

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Benefits of Print

• Borrow/Lend• Unlimited Use/Time• Less Expensive• Authoritative & Preferred• Compare & Browse

• Excellent Starting Point

If you want to update your research, which would you choose:

1. Print Treatise2. Database

Print T

reati

se

Database

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Limitations of Print

• Time Intensive (Maybe)• Currency• Not Document Ready• Starting Point Only

Benefits of Electronic Format

• Flexible• Faster• Constantly Updated• Multiple Output Formats• 24/7 Access & Customer Support• Great for Some “Find” Questions

What is the Greatest Drawback of Online Research?

1. Privacy2. Irrelevant results3. Too much

Information

Privacy

Irreleva

nt resu

lts

Too much

Info

rmation

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Limitations of Electronic Format

• Expensive• Current Coverage Mostly• Licensing Restrictions• Caveats for Internet Research• Irrelevant Results

When Do You

The night before the paper/memo/brief is due?

1. Yes2. Sometimes3. No

Yes

Sometimes No

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When you’ve looked at all of the sources you learned in class?

1. Yes2. Sometimes3. No

Yes

Sometimes No

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When you’ve found the absolute out-of-the park answer?

1. Yes2. Sometimes3. No

Yes

Sometimes No

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When you are consistently seeing the same sources repeat?

1. Yes2. Sometimes3. No

Yes

Sometimes No

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Cases Statutes

Cases

Regulations:10

Stages for a Winning Game Plan

ResearchWriteCritiqueResearch some more (if necessary)EditAt each stage -- Update your sources!

Training Camp Equipment: Library Resources

• WebCatalog• LibTours• Study Aids• Time Savers• CVN Law School• CALI Lessons• eLangdell eBooks

WebCatalog: http://law.rwu.edu/library/webcatalog

Contents

Search Modes

LibTours

Study Aids

Library » Digital Resources »

First Year Lessons - Torts• Assumption of Risk

Other Lessons:• How to Prepare for the

Study of Torts (PodCast)• Advice to a 1L From a

Law Professor (PodCast)

Stolen Bases

• Secondary Sources RULE!

• Indexes & Tables of Contents

• Always check pocket parts/supplements AND/OR update your research online.

• Ask A Librarian!

Don’t forget to sign the attendance sheets!

Please evaluate this session on our Class Webpage

http://lawguides.rwu.edu/ILR