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Q UINCY COLLEGE Paralegal Studies Program Paralegal Studies Program Legal Research & Writing LAW-215 Encyclopedias, Periodicals, Treatises, and Restatements.

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Presentation on theme: "Q UINCY COLLEGE Paralegal Studies Program Paralegal Studies Program Legal Research & Writing LAW-215 Encyclopedias, Periodicals, Treatises, and Restatements."— Presentation transcript:

1 Q UINCY COLLEGE Paralegal Studies Program Paralegal Studies Program Legal Research & Writing LAW-215 Encyclopedias, Periodicals, Treatises, and Restatements Part 1

2 Encyclopedias, Periodicals, Treatises, and Restatements In this unit, we will learn: In this unit, we will learn: The definition of secondary sources and their uses in the research process. The definition of secondary sources and their uses in the research process. Examples of secondary sources. Examples of secondary sources. How to use common secondary sources. How to use common secondary sources. To identify the most frequently used secondary sources. To identify the most frequently used secondary sources.

3 Secondary Sources Secondary sources can be used to help locate and explain primary sources of law. While persuasive, these sources are not controlling and do not constitute the law itself. Secondary sources can be used to help locate and explain primary sources of law. While persuasive, these sources are not controlling and do not constitute the law itself.

4 Secondary Sources There are a variety of secondary sources, including: There are a variety of secondary sources, including: legal encyclopedias; legal encyclopedias; legal periodicals; legal periodicals; hornbooks and nutshells; hornbooks and nutshells; Words & Phrases; Words & Phrases; Restatements; Restatements; loose leaf services; & loose leaf services; & directories. directories.

5 Why use Secondary Resources? Two Main Reasons: Two Main Reasons: 1) Gain basic understanding of the law by 1) Gain basic understanding of the law by getting background information, getting background information, finding out issues in your topical area, finding out issues in your topical area, finding new terms, definitions, concepts, etc… finding new terms, definitions, concepts, etc… 2) Because they lead to Primary Resources 2) Because they lead to Primary Resources

6 When to use Secondary Resources? 1. Researching an unfamiliar area of the law. 2. Looking for primary persuasive authority (law from another jurisdiction) but doing a nationwide search is inefficient. 3. Researching an undeveloped area of law. 4. An initial search of primary sources yields either no authority or too much authority

7 Legal Encyclopedias Legal encyclopedias Legal encyclopedias are arranged alphabetically by topic are arranged alphabetically by topic divide topics into sections divide topics into sections have a fairly short non-analytical narrative in each section have a fairly short non-analytical narrative in each section give a general, rather than in-depth, view of the law give a general, rather than in-depth, view of the law cross-reference relevant primary law cross-reference relevant primary law Legal encyclopedias are a good place Legal encyclopedias are a good place to start research in an unfamiliar area of the law to start research in an unfamiliar area of the law to get a quick, general, answer to a legal question. to get a quick, general, answer to a legal question.

8 General Legal Encyclopedias American Jurisprudence 2d Corpus Juris Secundum ®

9 American Jurisprudence 2d Provides a broad overview of a topic Provides a broad overview of a topic Identifies specialized vocabulary Identifies specialized vocabulary Provides citations to primary materials and ALR annotations Provides citations to primary materials and ALR annotations Cross-references other secondary material Cross-references other secondary material

10 American Jurisprudence 2d (Am Jur 2d) The print version of Am Jur 2d consists of The print version of Am Jur 2d consists of 120 volumes volumes 1 more than 430 titles more than 430 titles Each volume contains a Each volume contains a Table of Contents Table of Contents Table of Parallel References Table of Parallel References Table of Statutes and Rules Cited Table of Statutes and Rules Cited Index for articles in the volume Index for articles in the volume Topics are preceded by a detailed scope note, general cross-references, and an outline of the topic. Topics are preceded by a detailed scope note, general cross-references, and an outline of the topic. 1 The last volume is numbered 83 because more than one volume may have the same number, for example the volumes 45, 45A, 45B.

11 Am Jur 2d The annual four-volume General Index contains definitions of words and phrases. The annual four-volume General Index contains definitions of words and phrases. There is a separate volume titled Table of Statutes, Regulations, and Rules Cited. There is a separate volume titled Table of Statutes, Regulations, and Rules Cited.

12 Updating Am Jur 2d There are annual pocket supplements. There are annual pocket supplements. The Am Jur Index is issued each year. The Am Jur Index is issued each year. The New Topic Service, in looseleaf format, introduces new material before new volumes are issued: The New Topic Service, in looseleaf format, introduces new material before new volumes are issued: new topics of the law new topics of the law substantial changes in the law substantial changes in the law Bound volumes are periodically revised. Bound volumes are periodically revised.

13 Other Am Jur Publications American Jurisprudence Proof of Facts American Jurisprudence Proof of Facts A multivolume set A multivolume set a practical guide for lawyers a practical guide for lawyers contains contains checklists and planning advice checklists and planning advice preparation for trial materials preparation for trial materials examination of witnesses materials examination of witnesses materials American Jurisprudence Trials is a treatise on litigation practice. American Jurisprudence Trials is a treatise on litigation practice. American Jurisprudence Legal Forms and American Jurisprudence Pleading and Practice Forms (Revised) contain the forms needed in the practice of law. American Jurisprudence Legal Forms and American Jurisprudence Pleading and Practice Forms (Revised) contain the forms needed in the practice of law.

14 Corpus Juris Secundum (C.J.S.) C.J.S. contains 400 broad topics, each divided into subtopics, which are sub-divided into sections. C.J.S. contains 400 broad topics, each divided into subtopics, which are sub-divided into sections. There are 150 volumes. 1 There are 150 volumes. 1 1 The last volume is numbered 101 because more than one volume may have the same number, such as 48A and 48B.

15 Corpus Juris Secundum (C.J.S.) Each section contains a brief,blackletter statement of the law, followed by a short section of text. Each section contains a brief,blackletter statement of the law, followed by a short section of text. Footnotes reference federal and state cases. Footnotes reference federal and state cases. C.J.S. cross references the titles and sections to West topics and key numbers and other secondary sources. C.J.S. cross references the titles and sections to West topics and key numbers and other secondary sources.

16 Corpus Juris Secundum There is an annual multivolume General Index. There is an annual multivolume General Index. Each volume has its own index. Each volume has its own index. There are annual cumulative pocket supplements. There are annual cumulative pocket supplements. Replacement volumes are issued periodically. Replacement volumes are issued periodically. Replacement volumes contain a Table of Corresponding Sections that cross-references replacement volumes with older volumes. Replacement volumes contain a Table of Corresponding Sections that cross-references replacement volumes with older volumes. Definitions of words and phrases are included with appropriate sections and in the volume indexes. Definitions of words and phrases are included with appropriate sections and in the volume indexes.

17 Research Strategies for Using General Encyclopedias Descriptive word approach Descriptive word approach Topic approach Topic approach Table of statutes approach Table of statutes approach Table of cases approach Table of cases approach

18 State Encyclopedias

19 Some States have state specific versions of legal encyclopedias. Some States have state specific versions of legal encyclopedias. Examples: Examples: Florida Jurisprudence, 2d (Fla. Jur. 2d) Florida Jurisprudence, 2d (Fla. Jur. 2d) Michigan Law and Practice Encyclopedia Michigan Law and Practice Encyclopedia Strongs North Carolina Index Strongs North Carolina Index Texas Jurisprudence 3d Texas Jurisprudence 3d Publication of Massachusetts Jurisprudence ceased in Publication of Massachusetts Jurisprudence ceased in 1998.

20 Features Common to State Encyclopedias Coverage Coverage Arrangement Arrangement Table of cases Table of cases Table of statutes Table of statutes Indexing Indexing Supplementation Supplementation

21 Research Strategies for Using State Encyclopedias Descriptive word approach Descriptive word approach Topic approach Topic approach Table of cases approach Table of cases approach Table of statutes approach Table of statutes approach

22 Legal Periodicals Law school publications Law school publications Bar association and paralegal association publications Bar association and paralegal association publications Specialized publications Specialized publications Legal newspapers and newsletters Legal newspapers and newsletters

23 Legal Periodicals Locations Locations ABA Microfilm set, ProQuest ABA Microfilm set, ProQuest Some in Lexis & Westlaw w/scope limitations Some in Lexis & Westlaw w/scope limitations Finding tools – more in LegalTrac Finding tools – more in LegalTrac

24 Legal Periodicals There are numerous legal periodicals available, including law school journals and/or law reviews, bar association periodicals, legal newspapers or newsletters. There are numerous legal periodicals available, including law school journals and/or law reviews, bar association periodicals, legal newspapers or newsletters. Again, these sources are not controlling but may be cited as persuasive authority. They are also very helpful in locating cases and statutes in a particular subject area. Again, these sources are not controlling but may be cited as persuasive authority. They are also very helpful in locating cases and statutes in a particular subject area.

25 Legal Periodicals Law Reviews Law Reviews Scholarly Scholarly Peer reviewed Peer reviewed Heavily footnoted Heavily footnoted Current trends and issues Current trends and issues Bar Journals Bar Journals Practical Practical Geared toward litigation Geared toward litigation Few footnotes or references Few footnotes or references Current trends and issues Current trends and issues

26 Accessing Legal Periodicals In order to access these numerous legal periodicals, a legal researcher will need either need a citation or an index. In order to access these numerous legal periodicals, a legal researcher will need either need a citation or an index. Several legal indexes do exist to help the legal researcher locate law review articles on a particular topic. Several legal indexes do exist to help the legal researcher locate law review articles on a particular topic. Generally these indexes can be accessed by author, journal title, or subject. Generally these indexes can be accessed by author, journal title, or subject.

27 Indexes to Legal Periodicals To locate citations to English language law review articles published prior to 1908, check the Jones-Chipman Index to Legal Periodicals. To locate citations to English language law review articles published prior to 1908, check the Jones-Chipman Index to Legal Periodicals. To locate citations between 1908 and 1979, consult the Index to Legal Periodicals. To locate citations between 1908 and 1979, consult the Index to Legal Periodicals.

28 Indexes to Legal Periodicals To find articles from 1979 onwards, there are several indexes that can be consulted, including: To find articles from 1979 onwards, there are several indexes that can be consulted, including: Index to Legal Periodicals and Books Index to Legal Periodicals and Books Current Law Index, which began publication in Current Law Index, which began publication in 1980.

29 Legal Treatises Publications on legal topics that give commentary and explanations Publications on legal topics that give commentary and explanations Examples: Examples: Williston on Contracts – for scholars Williston on Contracts – for scholars The Elder Law Answer Book – for practitioners The Elder Law Answer Book – for practitioners Constitutional Law in a Nutshell - for students Constitutional Law in a Nutshell - for students

30 Hints for Finding Treatises Well known treatises are often known by author name, A keyword search rather than a title search may be necessary to locate these resources in the catalog. Nimmer on Copyright Wright and Miller, Federal Practice and Procedure Williston, A Treatise on the Law of Contracts Several Law School Libraries have lists of common scholarly treatises arranged by subject. Well known treatises are often known by author name, A keyword search rather than a title search may be necessary to locate these resources in the catalog. Nimmer on Copyright Wright and Miller, Federal Practice and Procedure Williston, A Treatise on the Law of Contracts Several Law School Libraries have lists of common scholarly treatises arranged by subject.

31 Common Features of Treatises Format Format Index Index Table of contents Table of contents Table of cases Table of cases Table of statutes Table of statutes Appendices Appendices Updating Updating

32 Hornbooks and Nutshells Hornbooks provide a general statement of the law (i.e. black letter law) in a specific subject area. Hornbooks provide a general statement of the law (i.e. black letter law) in a specific subject area. Usually hornbooks contain an index, a Table of Cases, and sometimes a Table of Statutes. Usually hornbooks contain an index, a Table of Cases, and sometimes a Table of Statutes. West Hornbook Series is one of the most established and best known series. West Hornbook Series is one of the most established and best known series.

33 Nutshells Nutshells are paperback volumes. Nutshells are paperback volumes. Nutshells provide an even more simple statement of the law in a specific subject area than do hornbooks. Nutshells provide an even more simple statement of the law in a specific subject area than do hornbooks. There is indexing as well as a Table of Cases list. There is indexing as well as a Table of Cases list.

34 Digests, End of Digests, Encyclopedias, Periodicals, Treatises, and Restatements Part 1 Digests, End of Digests, Encyclopedias, Periodicals, Treatises, and Restatements Part 1


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