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Research ReviewResearch ReviewResearch ReviewResearch ReviewFor Grimes Moot CourtFor Grimes Moot Court
January 18, 2005January 18, 2005http://www2.bc.edu/~shearj/grimeshttp://www2.bc.edu/~shearj/grimes
What is legal research?
The search for authority:
to predict a likely outcome
to advise a client
or
to advocate for a client
Where to Start
Think
Plan
Choose
Research to Understand the Problem
Understand the facts - read your record.
Understand legal terms - legal dictionaries, words and phrases.
Understand general legal principles and what general areas of law are involved - general secondary sources.
Researching the Problem Itself
Types of AuthorityPrimary
(Can be binding)
Secondary(Can only be persuasive)
Sources ConstitutionsCasesStatutesRegulationsCommentaries
e.g. Law Reviews
Background Materialse.g., Records and Briefs
Citation Theory
Why we citeTo provide authority for our pronouncements
What cites do Identify source of authority
Tell where to find source of authority
Provide limited information on weight of authority
date - jurisdiction - relevant subsequent history
Lawyers often start with secondary
sources.
Easier to read and understandContains cites to primary materialsLeads you to leading cases Well organized
Treatises (Books)
Used for:
general overview
citations to primary sources
persuasive authority
Find Books in Catalogs
Tips for Using QUEST
Index browses when you only know the beginning of a title or when you want to browse a list of authors, titles, or a known Library of Congress Subject Heading.
Find Books in Catalogs
Tips for Using QUEST
Keyword search when you don’t know the exact title, author or subject heading.
Find Books in Catalogs
Tips for Using QUEST
Choice of databases
Law
Whole catalog
Internet resources only
Find Books in Catalogs
Tips for Using QUEST
Advanced search for field-restrictors, and more sophisticated searching.
Suggested Title: Constitutional Law
American Constitutional Law, 3rd ed. Vol. 1, by Laurence H. Tribe. (Foundation Press 2000). Use 2nd ed. for Chapters 9 - 18 (1988). Law Permanent Reserves
KF 4550 .T785 2000 & 1988.
Suggested Title: Constitutional Law
Constitutional Law, 7th ed. by John E. Nowak and Ronald D. Rotunda (West 2004). Hornbook Series Law Permanent Reserves
KF 4550 .N6 2004.
Suggested Title: Constitutional Law
Constitutional Law: Principles and Policies, 2nd ed., by Erwin Chemerinsky (Aspen Law & Business 2002).Law Permanent Reserve
KF 4549 .C655 2002.
Suggested Title: Constitutional Law
Treatise on Constitutional Law: Substance and Procedure, 3rd. ed. by Ronald D. Rotunda & John E. Nowak (West 1999). [5 vol.]Law Permanent Reserves KF 4550 .R63 1999.
Suggested Title: Constitutional Law
Understanding Constitutional Law, 2nd ed. by Norman Redlich, John Attanasio, Joel K. Goldstein (Matthew Bender 1999).Law Permanent Reserve KF 4550 .R43 1999.
Suggested Title: Civil Procedure
Federal Practice and Procedure, by Charles Alan Wright. (some volumes with Arthur R. Miller and May Kay Kane) 2d and 3d editions (West 1982- Gradually replacing 2d ed. since 1998). [67 volumes plus index.]Law Permanent Reserve KF 8840 .W68 1982 andLaw Permanent Reserve KF 8840 .W68 1998.
Suggested Title: Civil Procedure
Civil Procedure, by Jack H. Friedenthal, Mary Kay Kane, Arthur R. Miller. 2nd ed. St. Paul, Minn.(West 1993). Hornbook seriesLaw Permanent Reserve KF 8840 .F72 1993.
Suggested Title:Civil Procedure
Civil Procedure, Fleming James, Jr., Geoffrey C. Hazard, Jr., John Leubsdorf. 4th ed. Boston (Little, Brown 1992).Law Permanent Reserve KF
8840 .J3 1992.
Suggested Title: Civil Procedure
Moore's Manual, Federal Practice and Procedure, by James Wm. Moore, Allan D. Vestal, and Philip B. Kurland. New York, (M. Bender, 1962- ) [3 volumes].
Law Permanent Reserve
KF 8820 .A313M64.
Law Reviews
Uses
recent developments
citations to primary sources
persuasive authority
Start with IndexesIndexes lead you to articles about a particular topic.
Full text searching leads you to any use of a term.
Law Review Indexes - ILP
Index to Legal Periodicals & BooksAvailable electronically (back to 1980) through The web link from law library electronic resources page (on campus only) Westlaw - ILPLexis - LAWREV;ILP or Index to Legal Periodicals
Index to Legal Periodicals and Books (ILP)
Broad Legal Subject Headings
Law Review Indexes - CLI
Current Law Index Available electronically through the web link from law library electronic resources page (on campus only) Westlaw - LRI Lexis - LAWREV;LGLIND or Legal Resource Index
Current Law Index/Legal Resources
Index (LRI)
Specific general subject headings with subdivisions
Law Review Indexes - CILP
Current Index to Legal PeriodicalsAvailable electronically through The web link from NELLCo web page (on campus only) Westlaw - CILP
Law Reviews - Full Text
WESTLAWTP-ALL
contains: law reviews, texts, American Law Reports (ALR), legal encyclopedias (American Jurisprudence 2d and Corpus Juris Secundum), CLE course materials, bar journals, and legal practice-oriented periodicals.
LEXISLAWREV;LGLPUB Legal Publications Group File
contains: law reviews, bar journals, ABA journals, legal newspapers, legal newsletters, specialty legal publications, and CLE materials
Hein OnlineHistorical collection of images of
legal sources.
Large collection of law review pages accompanied by searchable text.
ALR (American Law
Reports)
Case Finding ToolProvides:historical background;citations to primary sources;structure/ organization
ALR (American Law
Reports) Check Annotation History Table before reading annotationIndexed by:
ALR Index; ALR Quick Index
Full text searchable: ALR (Westlaw) ALR;ALR (Lexis)
Statutes and Constitutions
Annotated codes to find interpretive cases.
Cases - Print Sources
Digest SearchesUseful for finding cases under legal concepts and principles.Brings together cases with a variety of fact situations.
Cases – Full Text Searching
Relevancy Ranking
Search words
Weighted according to algorithms
To find “most” relevant based on ranking criteria
Terms and Connectors
Search words
Combined with Boolean connectors
To find all exact matches
Cases – Terms and Connectors
When you need everything using particular terms
When terms are unique
When you want to include a field search
When you need to know how many cases use these terms
Connectors
Alternatives “or”
ConjunctionsJoining: “and” “&”Proximity: w/# /#Ordered Proximity:
pre/# +#Grammatical: /s /p
Exclusions “but not”
Cases – Relevancy Ranking
When you don’t know much about a subjectWhen you don’t want just a casual mentionWhen you are willing to take a close matchWhen you need an extensive discussion
Westlaw and
Lexis call it --
Natural Language
Supreme Court Rules
Electronically:Supreme Court Rules From the United States
Supreme Court. In Adobe PDF Format. http://www.supremecourtus.gov/ctrules/ctrules.html
Supreme Court Rules 10/95 from Cornell Law School. Hypertext and searchable. http://www.law.cornell.edu/rules/supct/overview.html
Supreme Court RulesFederal Civil Judicial
Procedure and Rules (West annual)Law Permanent Reserve KF 8816 .A193Supreme Court Rules begin on page 575.
Court Records – Briefs and Arguments
Landmark Briefs and Arguments of the Supreme Court of the United States.Law General Collection
KF 101.8 .K87
Court Records – Records and Briefs
Records and Briefs of the United States
Supreme Court in Microfiche since 1971.
Westlaw SCT-BRIEF Merits briefs from 1990-91; Amicus briefs
from 1995-96.Lexis GENFED;BRIEFS
briefs beginning with January 1979.
Court Records – Oral Arguments
May It Please the Court: Landmark Cases Argued Before the Supreme Court, Transcripts and Cassettes.
Law Permanent Reserve KF 8816 .A193
Court Records – Oral Arguments
The Oyez Project – Audio materials from the United Sates Supreme Court via RealAudio
Oral Arguments of the Supreme Court of the United States
Westlaw – SCT-ORALARG (1990-91 term to the present)
Lexis – GENFED;USTRAN (From October 1979)
Topical Services
United States Law Week (BNA)(latest two years at Law Permanent Reserves)Also available electronically.
UpdatingDo you have the latest information?
Check dates whether print or online.
Citator Services – KeyCite and Shepard's
When to StopDon't waste your time
Don't stop too soon
Any Questions?Reference Librarians are on duty:
Monday - Thursday 9:00 - 8:00
Friday 9:00 - 5:00
Saturday and Sunday 1:00 - 5:00
Library LAWLINE virtual reference service
M-Th 9:00-7:00, F 9:00-1:00, Sun 1:00-5:00