Secondary SourcesFederal & State

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Before we begin

· American Jurisprudence 2nd

· Corpus Juris Secundum· American Law Reports· Legal Treatises/Practice books· Legal Periodicals and Law Reviews· Form Books: Am. Jur Forms of Pleading and Practice

GENERAL SECONDARY SOURCES(Not Calif. Specific)

Witkin◦ Summary of California Law◦ California Procedure◦ California Evidence◦ California Criminal Law◦ Cumulative Index

Common California Secondary Sources

California Jurisprudence (Encyclopedia) C.E.B. Books and Action Guides Rutter Group Matthew Bender Practice Books Form Books

◦ Bender Forms of Pleading and Practice◦ Bender Transaction Guide◦ West Forms

Calif. Secondary Sources, cont.

Jury Instruction (Model or Pattern)

Miscellaneous Treatises◦ Miller and Star (Real Estate)◦ Ballentine’s (Corporate)◦ Hanna Workers Comp

Miscellaneous

Finding tools—help you find primary law◦ NEVER a substitute for primary law◦ Generally not cited (exceptions for certain well

known and respected print sources)◦ Never cited in lieu of primary law—only as

additional reference◦ NEVER cite to a source such as Wikipedia

Using Secondary Material

Everything—if you have Westlaw and/or Lexis

Free Internet—More limited because of copyright◦ Concerns: Reliability and Dates◦ Starting Place: Google or Bing

What’s Online

Dram Shop Rule◦ Google or Bing

Wikipedia Advertisements

Let’s Try a Search

Wikipedia—http://en.wikipedia.org/wiki/Main_Page

Never Cite, never rely on what it says—but use for citations to primary law

Read “About Wikipedia” Example: Search and Seizure

No-knock warrant

Encyclopedias on the Net

Zimmerman’s◦ http://law.lexisnexis.com/infopro/zimmermans/

Check: Shepards; Service of Process

Legal Information Institute—Cornellwww.law.cornell.eduWex Legal Encyclopedia

Cont.

http://www.hwwilson.com◦ Ebsco Host—now fee based◦ Public Library!

http://www.loc.gov/law/◦ Guide to Law Online—U.S. Federal—Legal Guide to Law

Reviews online Compare Santa Clara Technology with Hofstra

Google Scholar

http://stu.findlaw.com/journals/◦ Look for Intellectual Property (SCU)

Law Reviews/Periodicals on the Net

◦ Law Reviews Explore

Patent Searching Legal Reference

◦ Am. Jur.

Lexis Academic

1. Can a couple pay a pregnant woman $10,000 in consideration for her giving up the child for adoption?

2. Do a decedent's siblings have a cause of action for intentional infliction of emotional distress where a radio personality and his guest made remarks during a broadcast about the cremated remains of a decedent, which the guest had brought to the studio.

 3. Are laws making adultery a crime unconstitutional 4. Summarize the subject of 7 Am Jur 2d Attorneys at Law § 267 

Research--

1. Can a couple pay a pregnant woman $10,000 in consideration for her giving up the child for adoption?

No—but can pay expenses 2 Am Jur 2d Adoption § 52 et seq

2. Is an illegal arrest (one in violation of the Fourth Amendment) require that the criminal charges be dismissed (i.e. defendant cannot be tried)? Give the Am Jur section and cite a Supreme Court case for your answer.

5 Am J ur 2d Arrest § 129

n4 Payton v. New York, 445 U.S. 573, 100 S. Ct. 1371, 63 L. Ed. 2d 639 (1980).

3. Do a decedent's siblings have a cause of action for intentional infliction of emotional distress where a radio personality and his guest made remarks during a broadcast about the cremated remains of a decedent, which the guest had brought to the studio. . Roach v. Stern, 252 A.D.2d 488, 675 N.Y.S.2d 133 (2d Dep't 1998). 22A Am J ur 2d Dead Bodies § 79

4. Are laws making adultery a crime unconstitutional 2 Am J ur 2d Adultery and Fornication § 2 Summarize the subject of 7 Am J ur 2d Attorneys at Law § 267 Entitlement to compensation when attorney dies, is incapacitated of is disbarred.

Answers

National

California

Secondary Sources on Westlaw

“Secondary Sources” under All Content

Under California

Locating

Explore top resources, ◦ Texts and Treatises—Am Jur etc.

Explore Topics:◦ i.e. Torts and Personal Injury

Secondary Sources