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U.S. Legal Research. Last updated 3/12/2009. Characteristics of U.S. Legal Research. Complex and Unwieldy Three Branches of Government: Executive Legislative Judicial Federal and State Law U.S. Common Law System. - PowerPoint PPT Presentation
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U.S. Legal U.S. Legal ResearchResearchU.S. Legal U.S. Legal ResearchResearch
Last updated 3/12/2009
Characteristics of U.S. Legal Research
Characteristics of U.S. Legal Research
Complex and Unwieldy Three Branches of Government:
– Executive– Legislative– Judicial
Federal and State Law U.S. Common Law System
Complex and Unwieldy Three Branches of Government:
– Executive– Legislative– Judicial
Federal and State Law U.S. Common Law System
[Untitled image of three branches of United States government] . Retrieved 3/13/2009 from http://www.ohagan.net/courses/ap_gov/lec_notes_00.htm
Primary Sources: Constitutions, Statutes, Court
Decisions, Administrative Regulations
Secondary Sources: American Law Reports (ALR),
Restatements, Treatises, Law Reviews, etc.
Primary Sources: Constitutions, Statutes, Court
Decisions, Administrative Regulations
Secondary Sources: American Law Reports (ALR),
Restatements, Treatises, Law Reviews, etc.
Sources of LawSources of Law
Statutes and CodesStatutes and Codes
Federal statutes are codified in the United States Code.
A Code is defined as:A collection of all the current laws
of general application, organized by subject
Federal statutes are codified in the United States Code.
A Code is defined as:A collection of all the current laws
of general application, organized by subject
United States CodeUnited States Code
The official code for federal statutes
Divided into 50 “titles” or subjects
e.g. 8 U.S.C. §471 (2000)
The official code for federal statutes
Divided into 50 “titles” or subjects
e.g. 8 U.S.C. §471 (2000)
A federal statute starts out as a bill, introduced in a session of Congress
A federal statute starts out as a bill, introduced in a session of Congress
Examples:H.R. 250S. 2
Slip LawSlip Law
Definition:–An individual copy of a law published shortly after enactment.
Definition:–An individual copy of a law published shortly after enactment.
Example of a citation to a slip law
Example of a citation to a slip law
Pub. L. No. 105-159–Read as: the 159th public law passed by the 105th Congress
Pub. L. No. 105-159–Read as: the 159th public law passed by the 105th Congress
Session LawsSession Laws
Definition:–A collection of all laws passed during a legislative session arranged in chronological order
Definition:–A collection of all laws passed during a legislative session arranged in chronological order
Session Laws for Federal StatutesSession Laws for Federal Statutes
Are in the Statutes at Large
e.g. 99 Stat. 93 (1985)– Read as: the law beginning
on page 93 of the 99th volume of the Statutes at Large
Are in the Statutes at Large
e.g. 99 Stat. 93 (1985)– Read as: the law beginning
on page 93 of the 99th volume of the Statutes at Large
Public Laws are published in chronological order and bound into:
Statutes at Large (official)
U.S. Code Congressional & Administrative News (commercial)
Citation:– “Drug and Household Substance
Mailing Act of 1990,” P.L. 101-493, 104 Stat. 1184
Public Laws are published in chronological order and bound into:
Statutes at Large (official)
U.S. Code Congressional & Administrative News (commercial)
Citation:– “Drug and Household Substance
Mailing Act of 1990,” P.L. 101-493, 104 Stat. 1184
Federal and States Cases
Federal and States Cases
Interpret statutes (regulations, constitutional provisions, etc.)
Judge-made common law when no written law pertains
Interpret statutes (regulations, constitutional provisions, etc.)
Judge-made common law when no written law pertains
Court Structur
e of Texas
Taken from http://www.courts.state.tx.us
/
Court Structur
e of Texas
Taken from http://www.courts.state.tx.us
/
Taken from http://www.cusd.com/calonline/apgov/module4/lesmod4/4_15.ht
m
Taken from http://www.cusd.com/calonline/apgov/module4/lesmod4/4_15.ht
m
U.S. Supreme Court Citation
U.S. Supreme Court Citation
Elements: Parties volume-reporter-page (year of decision [NEVER the
court!])
Elements: Parties volume-reporter-page (year of decision [NEVER the
court!])
Baker v. Carr, 369 U.S. 186 (1962)
Federal Circuit Court Citation
Federal Circuit Court Citation
Elements: Parties volume-reporter-page (court [if needed to specify jurisdiction]
and year of decision)
Elements: Parties volume-reporter-page (court [if needed to specify jurisdiction]
and year of decision)
Sierra Club v. Larson, 2 F.3d 462 (1st Cir. 1993)
Federal District Court Citation
Federal District Court Citation
Elements: Parties volume-reporter-page (court [if needed to specify jurisdiction]
and year of decision)
Elements: Parties volume-reporter-page (court [if needed to specify jurisdiction]
and year of decision)
United States v. Bin Laden, 146 F.Supp.2d 373 (S.D.N.Y 2001)
NY Court of Appeals Citation[state court of last resort]
NY Court of Appeals Citation[state court of last resort]
Elements: Parties volume-reporter-page of official
reporter parallel reference(s) to regional
reporter(s) (year of decision [NEVER the court!])
Elements: Parties volume-reporter-page of official
reporter parallel reference(s) to regional
reporter(s) (year of decision [NEVER the court!])
Witter v. Taggart, 78 N.Y.2d 234, 577 N.E.2d 338, 573 N.Y.S.2d 146 (1991).
NY Appellate Division Citation
[state courts of intermediate appellate jurisdiction]
NY Appellate Division Citation
[state courts of intermediate appellate jurisdiction]
Adamy v. Ziriakus, 231 A.D.2d 80, 659 N.Y.S.2d 623 (4th Dep’t 1997).
Elements: Parties volume-reporter-page of official
reporter parallel reference(s) to regional
reporter (court [if needed to specify jurisdiction] and
year of decision)
Elements: Parties volume-reporter-page of official
reporter parallel reference(s) to regional
reporter (court [if needed to specify jurisdiction] and
year of decision)
NY Supreme Court Citation[trial-level courts]
NY Supreme Court Citation[trial-level courts]
Dorfman v. Berman, 186 Misc. 2d 415, 718 N.Y.S.2d 142 (Sup. Ct. Albany County 2000).
Elements: Parties volume-reporter-page of official
reporter parallel reference(s) to regional
reporter (court [if needed to specify jurisdiction] and
year of decision)
Elements: Parties volume-reporter-page of official
reporter parallel reference(s) to regional
reporter (court [if needed to specify jurisdiction] and
year of decision)
The Thirteen Federal Judicial CircuitsThe Thirteen Federal Judicial Circuits
Regional Reporters (State Cases)Regional Reporters (State Cases)
What is “Updating”?What is “Updating”?
Remember, a statute or case is only good law if it has not been overruled, superseded, repealed, or otherwise invalidated.
Updating is the process of verifying that the statute or case is still good law.
Remember, a statute or case is only good law if it has not been overruled, superseded, repealed, or otherwise invalidated.
Updating is the process of verifying that the statute or case is still good law.
In the Bad Old Days…In the Bad Old Days…
Updating was done via books called “Shepards Citators”
Today, you would simply use Westlaw or Lexis, and view the results on your computer screen.
Updating was done via books called “Shepards Citators”
Today, you would simply use Westlaw or Lexis, and view the results on your computer screen.
I cannot teach you how to Shepardize…
I cannot teach you how to Shepardize…
Better than the tutorials already available from Lexis and Shepards.
These tutorials, available at http://web.lexis.com/help/multimedia/detect.asp?sPage=mom, are VITAL to your understanding of how to update cases and statutes.
Better than the tutorials already available from Lexis and Shepards.
These tutorials, available at http://web.lexis.com/help/multimedia/detect.asp?sPage=mom, are VITAL to your understanding of how to update cases and statutes.
ReferencesReferences[Untitled image of three branches of United States
government] . Retrieved 3/13/2009 from http://www.ohagan.net/courses/ap_gov/lec_notes_00.htm
Texas Courts Online. (n.d.). [Untitled image of the Texas court structure]. Retrieved 3/13/2009 from http://www.courts.state.tx.us/.
[Untitled image of three random volumes of the United States Code Annotated]. Unknown date.
[Untitled image of the federal court structure]. Retrieved 4/16/2008 from http://www.cusd.com/calonline/apgov/module4/lesmod4/4_15.htm (now offline).
[Regional Reporters (States Cases): National Reporter System Map. ] Retrieved 3/13/2009 from http://lib.law.washington.edu/ref/repdig.html.
[The Thirteen Federal Judicial Circuits]. Retrieved 3/13/2009 from http://www.slaw.neu.edu/library/onellegalpractice.htm
[Untitled image of three branches of United States government] . Retrieved 3/13/2009 from http://www.ohagan.net/courses/ap_gov/lec_notes_00.htm
Texas Courts Online. (n.d.). [Untitled image of the Texas court structure]. Retrieved 3/13/2009 from http://www.courts.state.tx.us/.
[Untitled image of three random volumes of the United States Code Annotated]. Unknown date.
[Untitled image of the federal court structure]. Retrieved 4/16/2008 from http://www.cusd.com/calonline/apgov/module4/lesmod4/4_15.htm (now offline).
[Regional Reporters (States Cases): National Reporter System Map. ] Retrieved 3/13/2009 from http://lib.law.washington.edu/ref/repdig.html.
[The Thirteen Federal Judicial Circuits]. Retrieved 3/13/2009 from http://www.slaw.neu.edu/library/onellegalpractice.htm
