2 Popular, Scholarly, and Professional Sources Popular LiteraturePublications written for the laypersonFound in Time, Newsweek, or Reader’s DigestAny resource to learn law must understand the limitations of that particular resource. Reader’s Digest will present material differently than United States Law Week
3 Popular, Scholarly, and Professional Sources Professional LiteraturePublications written for the practitioner in the fieldThis includes Police Chief, FBI Law Enforcement Bulletin, Corrections Today, UCLA Law Review, and Journal of Municipal Government
4 Popular, Scholarly, and Professional Sources Scholarly LiteraturePublications written for those interested in theory and researchThis includes Justice Quarterly, an official publication of the Academy of Criminal Justice
5 Primary and Secondary Sources Sources of primary information for legal research include the U.S. Constitution, the constitutions of the 50 states, the statutes of the U.S. Congress and of the 50 state legislatures and appellate court decisions of the federal and state courts.
6 Primary and Secondary Sources Primary Information SourcesPresents the raw data or the original informationSecondary Information SourcesPresents data or information based on the original information. Among the important secondary information sources for legal research are periodicals, treatises/texts, encyclopedias and dictionaries.
7 Primary and Secondary Sources Legal PeriodicalsThree groups of legal periodicals can provide important information:Law school publications such as the Harvard Law ReviewBar association publications such as the American Bar Association JournalSpecial subject and interest periodicals such as the Black Law Journal and the Women Lawyers Journal
8 Primary and Secondary Sources Treatises/TextsTreatise is a comprehensive document on a legal subjectThese go into a specific subject in depth
9 Primary and Secondary Sources Legal EncyclopediasThese are narratives arranged alphabetically by subject. The three types of legal encyclopedias are:General lawLocal or state lawSpecial subjectCorpus Juris SecondumAmerican Jurisprudence 2dEncyclopedia of Crime and JusticeGuide to American Law
10 Reading Legal Citations Standardized way of referring to a specific element in the lawString CitesAdditional legal citations
11 Opinions Court decisions are recorded as opinions. Opinions describe what the dispute was about, what the court decided and why.
12 Contents of an Opinion Caption The title of the case setting forth the parties involved.ie.) Brandenburg v. Ohio
13 Contents of an Opinion The Court issuing the opinion Supreme Court of the Untied StatesThe reference volume containing a copy of the entire opinion395 U.S. 444The date the opinion was issued1969 (the full date at the beginning)
14 Contents of an Opinion The author of the opinion By namePer CuriamThe rationale of the CourtThe conclusion of the Court
15 Case Law Trial court has two basic responsibilities: find out what happeneddetermine what legal rules should be used in deciding the caseOnly legal issues will be reviewed on appeal, as new evidence is not permitted.
16 Case LawOpinions include more than simply a statement of who won the court case. They tell the story of what occurred, what rules were applied and why the judge decided the case as they did.
17 Case Law Opinions contain five important components: Description of the factsStatement of the legal issues presented for decisionRelevant rules of lawThe holdingPolicies and reasons that support the holding
18 Case Law Holding Affirm Concur Rule of law applied to the facts of a caseAffirmA court agreeing with a lower court’s decisionConcurAgreeing with a lower court’s decision
19 Case Law Reverse Remand Brief Dicta Overturn the decision of a lower courtRemandReturn a case to the lower court for further actionBriefSummary of a caseDictaStatements by a court concerning a case
20 ShepardizingUsing the resource Shepard’s (set of bound volumes and pocket parts published for each set of official volumes of cases) to determine if a case’s status has changed