Presentation on theme: "Research Review For Grimes Moot Court January 18, 2005"— Presentation transcript:
Research Review For Grimes Moot Court January 18, 2005 http://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 Authority Primary (Can be binding) Secondary (Can only be persuasive) Sources Constitutions Cases Statutes Regulations Commentaries e.g. Law Reviews Background Materials e.g., Records and Briefs
Citation Theory Why we cite To 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 understand Contains cites to primary materials Leads 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 and Law 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 series Law 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 Indexes Indexes 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 & Books Available electronically (back to 1980) through The web link from law library electronic resources page (on campus only) Westlaw - ILP Lexis - 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 Periodicals Available electronically through The web link from NELLCo web page (on campus only) Westlaw - CILP
Law Reviews - Full Text WESTLAW TP-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. LEXIS LAWREV;LGLPUB Legal Publications Group File contains: law reviews, bar journals, ABA journals, legal newspapers, legal newsletters, specialty legal publications, and CLE materials
Hein Online Historical collection of images of legal sources. Large collection of law review pages accompanied by searchable text.
ALR (American Law Reports) Case Finding Tool Provides: historical background; citations to primary sources; structure/ organization
ALR (American Law Reports) Check Annotation History Table before reading annotation Indexed 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 Searches Useful 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” Conjunctions Joining: “and” “&” Proximity: w/# /# Ordered Proximity: pre/# +# Grammatical: /s /p Exclusions “but not”
Cases – Relevancy Ranking When you don’t know much about a subject When you don’t want just a casual mention When you are willing to take a close match When 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 Rules Federal Civil Judicial Procedure and Rules (West annual) Law Permanent Reserve KF 8816.A193 Supreme 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.
Updating Do you have the latest information? Check dates whether print or online. Citator Services – KeyCite and Shepard's
When to Stop Don't waste your time Don't stop too soon
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