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Legal Research

Legal Research & Writing II

Mike Brigner, J.D.

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Types of Law LibrariesLaw school librariesParalegal school librariesLocal law librariesGovernment or agency law librariesCourthouse law librariesBar association and private group law librariesLaw firm libraries

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Strategies for Effective Research

Always examine the statutes. Use an annotated code because it will refer you to cases.Use encyclopedias to obtain introductory information about the issue you are researching.If you cannot locate cases through an annotated code, use digests.If there is a well-known treatise or text on this topic, examine it because it will provide excellent analysis as well as references to cases.

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Strategies for Effective Research

For a complete overview of a topic, consult A.L.R. ( or A.L.R. Fed. for federal issues).For discussions of new or controversial issues or a thorough examination of an issue, find legal periodicals through the Index to Legal Periodicals or Current Law Index.If a looseleaf service is devoted to the topic you are researching, examine it.Use Shepard’s Citations or KeyCite to locate other cases, legal periodical articles, attorneys general opinions, and A.L.R. annotations.

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Questions to Help Develop a List of Descriptive Words or PhrasesWho is involved?What is the issue being considered?Where did the activity take place?When did the activity take place?Why did the issue develop?How did the problem arise?

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Ten Tips for Effective Research

Be preparedBe flexibleBe thoroughBe patientBe organized

Be efficientBe creativeBe waryBe resourcefulBe calm

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Sources of Law in the United States

Cases and our common law traditionConstitutions and statutesAdministrative regulationsThe executive branch

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Primary Authorities(binding)

AUTHORITIES SOURCE

Cases Judiciary

Constitutions Legislature

Statutes Legislature

Administrative regulations

Administrative agencies

Executive orders Executive branch

Treaties Executive branch (federal only)

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Secondary Authorities(persuasive)

AUTHORITIESEncyclopediasLaw review articlesPeriodical publicationsTreatises and textsDictionariesAttorneys general opinions

RestatementsAnnotationsForeign sourcesForm booksPractice guides (such as jury instructions or opinions on ethics)

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How to Start Legal Research Secondary Sources

Legal EncyclopediasAmerican Law Reports (A.L.R.)Restatements, Books, Treatises: cover legal topics in-depthLaw Reviews: use for advanced research

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Using Secondary SourcesLegal Encyclopedia first to give you background, ideas for key wordsA.L.R. next – the best research tool for most legal topicsTreatises and RestatementsLaw Reviews

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Find the Law With Secondary Legal Sources

See Text, Section 6AUsually start your legal research with:

Legal encyclopediasAmerican Jurisprudence 2d (Am. Jur. 2d)

Cross-referenced to ALR books & law reviews

Corpus Juris Secundum (C.J.S.)Cross-referenced to West “Key #” system

Each of these arrange articles alphabetically into 400+ subjects, and

has extensive index.

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Research Strategies for Using General Encyclopedias

Descriptive word approachTopic approach

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Find the Law With Secondary Legal Sources

Go to Text Section 5B

Usually go next in your legal research to:

American Law Reports (A.L.R.),Reprints selected federal & state casesEach case is followed by a detailed analysis (“annotation” or “article”) of a specific point of law raised in the caseOrganized into 5 series: A.L.R.1st through A.L.R. 4th, plus A.L.R. Fed

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American Law ReportsAmerican Law Reports publishes selected appellate court decisions as well as comprehensive and objective essays relating to the legal issues raised in each case.

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Features of A.L.R.CasesAnnotationsResearch referencesOutlineIndexJurisdictional table of cited statutes and cases

Scope sectionRelated annotations sectionSummary

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Ways to Use A.L.R.Use A.L.R.’s Index to Annotations

AlphabeticalSeparate Quick Index for A.L.R. Fed.Look in Index for your descriptive words & you will find listing of A.L.R. annotations related to that topicThen go to the most relevant annotation and look for relevant cases

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Ways to Use A.L.R.Start with the legal encyclopedia Am. Jur. 2d Articles in Am. Jur. 2d will explain topic and refer you to A.L.R. annotationsWhen you Shepardize a case, look for A.L.R. citations

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Find the Law With Secondary Legal SourcesSee Text, Section 6C & DDo in-depth research on specific legal topics with:

Treatises & “Restatement of the Law”

These are scholarly books analyzing particular areas of the lawUsed for in-depth research on a particular subject

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Find the Law With Secondary Legal SourcesSee Text, Section 6BDo advanced legal research with:

Law ReviewsThese are collections of articles about legal topics written by law professors, lawyers, and law studentsIndexed by topics in several sources

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Words and PhrasesWords and Phrases aims at providing the definition of words and phrases as interpreted by cases from 1658 to the present time.

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Other Secondary Authorities

Opinions of attorneys generalDictionariesDirectoriesForm booksUniform lawsLooseleaf servicesJury instructions

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DirectoriesMartindale-Hubbell Law DirectoryLocal directoriesSpecialized directoriesInternet directories

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Well-Known Form BooksAmerican Jurisprudence Legal Forms 2dAmerican Jurisprudence Pleading and Practice FormsBender’s Federal Practice FormsCurrent Legal Forms with Tax AnalysisFederal Procedural Forms, Lawyers EditionForms of DiscoveryWest’s Legal Forms 2d

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Chart of Secondary Sources

Secondary Source

Overview Description of Set

Encyclopedias Alphabetically arranged narrative statements of hundreds of areas of the law supported by cases and other authorities found in footnotes

Multi-volume general sets: C.J.S. and Am. Jur. 2dMulti-volume state setsSpecial subject sets

Legal Periodicals

Publications produced on a periodic basis discussing a wide variety of legal topics

Law school publicationsBar association and paralegal association publicationsSpecialized publicationsLegal newspapers and newsletters

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Chart of Secondary Sources

Secondary Source

Overview Description of Set

Texts and Treatises

Texts written by legal scholars on one legal topic that discuss cases and statutes in the narrative statements

Multi-volume sets that contain thorough and often critical analysis of an area of the law

Restatements Statements of the law in clear and unambiguous language

Multi-volume sets on selected areas of the law such as torts, agency, or property

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Chart of Secondary Sources

Secondary Source

Overview Description of Set

Attorneys General Opinions

Written opinions by United States attorneys general and state attorneys general on a variety of legal topics

Multi-volume sets for United States attorneys general opinions and opinions of state attorneys general

Legal Dictionaries

Books providing definitions of legal words and phrases and references to authorities defining a word

One-volume alphabetical arrangement of words, phrases, Latin and other foreign terms

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Chart of Secondary Sources

Secondary Source

Overview Description of Set

Law Directories

Lists of lawyers General directories contain lists of all attorneys and other useful features such as law digests. Specialty directories list attorneys specializing in certain practice areas in certain geographical regions

Form Books Sets of books containing standard or pattern forms for general use or for use in certain practice areas

Multi-volume sets of books containing forms for general legal practice or specialty areas such as criminal law, corporate law, etc.

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Chart of Secondary Sources

Secondary Source

Overview Description of Set

Uniform Laws Drafts of statutes proposed by legal scholars for certain areas of the law

Multi-volume set, Uniform Laws Annotated, Master Edition, containing text of Uniform Laws, commentary, references to other sources, etc.

Looseleaf Services

A variety of treatise devoted to one area of the law containing both primary and secondary authority

Multi-volume sets of books, arranged in ringed binders containing statutes, cases, case digests, and commentary on one topic of the law

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Chart of Secondary Sources

Secondary Source

Overview Description of Set

Jury Instructions

Sets of books containing instructions for charging the jury in civil and criminal trials, as well as commentary and annotations

One-volume or multi-volume sets specific to one state or general in nature

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Using Primary SourcesEasiest

Known StatuteKnown CaseKnown Regulation

When you know or suspect answer is in a primary source

Index to StatutesIndex to Cases (Case Digests) or Lexis SearchIndex to Regulations

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Find The Law Using Descriptive Words in Index to A Primary

SourceStatutes

See Text, Chapter 3Select descriptive wordsSearch for them in index to statutes

(Your creativity may be needed here)

Read annotated statute(s) listed in indexRead annotations following statute(s)Read relevant-sounding cases summarized in annotations

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Sources for Federal Statutes

Slip lawsUnited States Code Congressional and Administrative News Service (USCCAN)United States Law WeekGovernment printing officeU.S.C.S. Advance PamphletsCongressional representativesThe Internet (http://thomas.loc.gov)

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United States Code Annotated

U.S.C.A. provides the following “extra” features:

Historical notesCross referencesLibrary referencesWestlaw electronic researchCode of Federal Regulations referencesNotes of decisions

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United States Code Service

U.S.C.S. provides the following “extra” features:

History; Ancillary laws and directivesCode of Federal Regulations referencesCross referencesResearch guideInterpretive notes and decisions

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Updating Federal Statutory Research

U.S.C. U.S.C.A. U.S.C.S.

Read statute in main hardbound volume.

Read statute in main hardbound volume.

Read statute in main hardbound volume.

Check hardbound supplements

Check annual pocket part or softcover supplements

Check annual pocket part or softcover supplements

Check slip laws, U.S. Law Week, or USCCAN

Check U.S.C.A.’s Statutory Supplements

Check U.S.C.S.’s Cumulative Later Case and Statutory Service

Check slip laws, U.S. Law Week, or USCCAN

Check slip laws, U.S. Law Week, or USCCAN

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Research Techniques for Locating Statutes

To locate federal or state statues, there are three techniques:

Descriptive word approachTitle/topic approachPopular name approach

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Find The Law Using Descriptive Words in Index to A Primary

SourceCase Digests

See Text, Chapter 4Select descriptive wordsSearch for them in index to case digest

(Your creativity may be needed here)

Go to appropriate digest & check topic(s) listed in indexRead one-¶ case summaries appearing under digest topicsRead relevant-sounding cases

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Elements of a CaseCase nameDocket number and deciding courtDate of decisionCase summary or synopsisHeadnotesNames of counselOpinionDecision

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West’s National Reporter System

North Western ReporterN.W., N.W.2d

Iowa, Michigan, Minnesota, Nebraska, North Dakota, South Dakota, and Wisconsin

Pacific ReporterP., P.2d, P.3d

Alaska, Arizona, California, Colorado, Hawaii, Idaho, Kansas, Montana, Nevada, New Mexico, Oklahoma, Oregon, Utah, Washington, and Wyoming

North Eastern ReporterN.E., N.E.2d

Illinois, Indiana, Massachusetts, New York, and Ohio

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West’s National Reporter System (continued)

Atlantic ReporterA., A.2d

Connecticut, Delaware, Maine, Maryland, New Hampshire, New Jersey, Pennsylvania, Rhode Island, Vermont, and Washington, D.C.

South Western ReporterS.W., S.W.2d, S.W.3d

Arkansas, Kentucky, Missouri, Tennessee, and Texas

Southern ReporterSo., So. 2d

Alabama, Florida, Louisiana, and Mississippi

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West’s National Reporter System (continued)

South Eastern ReporterS.E., S.E.2d

Georgia, North Carolina, South Carolina, Virginia, and West Virginia

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Publication of United States Supreme Court

CasesUnited States Reports (U.S.)Supreme Court Reporter (S. Ct.)United States Supreme Court Reports, Lawyers’ Edition (L. Ed.)

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Rapid Access to United States Supreme Court

CasesSlip opinionsComputer-assisted researchUnited States Law WeekNewspapersWestFaxInternet

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Features of West’s National Reporter SystemTable of cases reportedTables of statutes and rulesTable of words and phrasesList of judgesKey number digest

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Summary of Case Law Publication

Highest Court Intermediate Appellate Courts

Trial Courts

Federal Cases

United States Supreme Court•United States Reports•Supreme Court Reporter•United States Supreme Court Reports, Lawyers’ Edition•United States Law Week

United States Courts of Appeal cases are published in Federal Reporter (F., F.2d, and F.3d)

United States District Court cases are published in Federal Supplement (F. Supp. and F. Supp. 2d)

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Summary of Case Law Publication (continued)Highest Court Intermediate

Appellate Courts

Trial Courts

State Cases

State Supreme Courts (examples of official sets are California Reports and Georgia Reports)

State Appellate Courts (examples of official sets are California Appellate Reports and Georgia Appeals Reports)

Generally, trial court cases are not published

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What is a Digest?A digest is a book or index that arranges one-sentence summaries or “digests” of cases by subject.

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West’s Outline of the LawLaw categorized into seven main classes: persons, property, contracts, torts, crimes, remedies, government32 various subclasses within these main classes32 subclasses further arranged into more than 400 topics

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Find The Law Using Descriptive Words in Index to A Primary

SourceAdministrative Regulations

See Text Section 10ASelect descriptive wordsSearch for them in index to regulations

(Your creativity may be needed here)

Read regulation(s) listed in indexRead annotations following statute that authorized the regulation(s) found Read relevant-sounding cases interpreting or applying regulation(s)

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RememberJust because you know one case or other authority doesn’t mean you know them allYou should also do a descriptive word search in digest, ALR & encyclopedia

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West Key NumbersA Master Index or the LawConsists of WORDS plus NUMBERS

Arson 78.304This is a precise point of law (such as: Arson>Penalties>When Injury Results)

You can go to case headnotes or the index in the back of any West volume, look up the same key, and it will lead you to any material in that volume covering exactly the same legal point

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Legal Research

Concluded Thank youMike Brigner, J.D.

END OF CLASS: (EVERY Class) Clean up classroom; log off computers; check for personal property & computer disks; make sure you have signed in.