Introduction to Legal Research

Presented by“The Reference Desk Players”

Why won’t just using the Web work? Only a small proportion of authoritative

Legal information is available on the open web• Some cases via court sites• Some authoritative statutes • Some recent law reviews

My professor said to look at the hornbook to understand the Erie case. How do I do that? A Hornbook is a one volume

authoritative treatment of an area of Law. It is usually green and always published by West.

A Treatise is an authoritative treatment of an area of law. It can be published by anyone and can be multi-volumed

Secondary Sources Sources used to understand an area of

law. Sources used lead you to primary law.

Types of Secondary Sources Legal Dictionaries Legal Encyclopedias Treatises Law Reviews (journal articles) Restatements of the Law & Uniform

Laws

I am supposed to write a memo using primary law including regulations. Where do I start? Regulations are a type of Primary law

• Created by Governmental Agency that are given authority by the legislature (by statute)

Primary Law refers to sources that contain the actual law

Types of Primary Law Cases

• Digests, core concept searches, key number searching.

Statutes• Annotated Statutes

Regulations Agency Decisions

• Looseleafs, government websites, specialized databases.

I need a case from the 7th circuit about good faith in Bankruptcy filings Knowing your jurisdiction is key to

starting your research. Jurisdiction refers to the general entity

that has power to decide your issue• Federal • State (ex. Florida)

How do I know whether I need to start researching case law or statutory law? Common Law (Cases)

• Law developed by the courts • Ex. Tort of assault

Statutory Law• Law developed by the legislators• Ex. Criminal assault

What is a Legislative History? A Legislative History is the compilation of

all the documents that are created during the creation of a statute.

Let’s Review History Rock

After an act is passed After an act is passed, it is then codified into

statutes that can be searched by topic area. Annotated statutes include helpful editorial enhancements.

These statutes are often later interpreted by the courts – resulting in case law.

When Are Legislative Histories Helpful?• When the statute or act is unclear and there is no case

law interpreting the statute

I have research to do, can I do it all from home like I did in undergrad? Some resources are not in electronic

format.• Treatises

Some resources are not in Westlaw or Lexis.

Sometimes, paper research is not only cheeper but faster.

My tax prof. has assigned a research assignment in which I am supposed to use RIA. Where is that? The library pays for a large number of

electronic databases. • (Westlaw and Lexis are only 2 of these).

Most other databases are available through the Research Resources link on the Library Webpage• Ex. RIA Checkpoint, Matthew Bender

Authority on Demand, Legaltrack, CALI, etc.

I am really lost in my research for my Lawyering Process class. How is everyone finding these sources? Reference Desk

• Teaches how to research• Not just giving answer• 15 minute rule

Library workshops Talk with your TA Talk with your professor

What is a LITECAT? LITECAT is the old term for a Library

(Research) Workshop.• These are small training sessions where you

learn how to use legal resources.• There are also powerpoint presentations and

Handouts available on the library website (top right corner of the webpage)

How do I sign up for a Library Workshop (aka LITECAT)? The Sign-up book is at the Reference

Desk The schedule is posted

• Library Bulletin Board• Library Web page (top right corner)• Usually announced in a email called the

Cyberscript

What are the library hours?

Sunday 10:00 a.m. – Midnight Monday – Thursday 7:30 a.m. - Midnight Friday 7:30 a.m. - 8:30 p.m. Saturday 9:00 a.m. - 8:30 p.m.

Hours are always posted on the doors to the library and on the Library Webpage (top right corner)

Changes are announced by email (in the Cyberscript).

Departing Thoughts Navigating the Dark Morass: First-Year Student’s

Guide to the Library, 19 Campbell L. Rev. 115 (1996).

The Library tour plus this presentation equals an introduction to start you on your way.

Legal Research Takes PRACTICE• There are no shortcuts to learning the process.

Ask Questions!!!