Chapter 2: Legal Research Presented by: Alexis Saperstein

Objectives 1.Describe primary sources for legal research 2.Describe the United States Code (USC) and citation to laws in the code 3.Describe the Code of Federal Regulations (CFR) and citations to regulations 4.Describe how cases can be located using case citations 5.Describe the parts of a judicial opinion

Activity W What I already Know I Interested in learning about K Know now I (still) Interested in learning about

Legal Research Process of finding laws that govern activities in our society Requires an understanding of a variety of sources Primary: Actual statements of the law Secondary: explain law Finding tools: help locate sources – Indexes, annotated codes, case digests, and citators Sources differ in authority Controlling or mandatory Persuasive only Useful tools for finding mandatory and persuasive authorities Special education is among the most frequently litigates areas in education

Primary Sources Describe the primary sources for legal research Have formal authority Issued chronologically rather than by subject Three sources of material: (1)Statutes: – Laws passed by either federal or state legislatures and signed into law (2) Regulations: – Promulgates by administrative agencies to implement the statutes (3) Cases (judicial decisions) – The judicial decisions that interpret the statutes and regulations

Primary Sources: Statutes Describe the United States Code (USC) and citation to laws in the code United States Code (USC): Considered official version of federal statues – Organized by topics; published in volumes – Revised edition every 6 years with hardbound supplements issued during the interim years – 51 numbered titles that cover specific subject Title 20: statutes on education  IDEA Title 29: labor statutes  Section 504 of the Rehabilitation Act Title 42: Public Health and Welfare statutes  ADA – Un-annotated versions (containing notes) can be found on both governmental and non governmental websites (p. 14) – Two annotated versions (many researchers prefer these because they are updated more frequently than the official USC) United States Code Annotated (U.S.C.A) Westlaw United States Code Service (U.S.C.S.) LexisNexis

Primary Sources: Regulations Describe the Code of Federal Regulations (CFR) and citations to regulations Federal Administrative Agencies (i.e., the US Department of Education) promulgate regulations to implement and enforce federal statutes (e.g., the IDEA) Final federal regulations are codified by agency and subject and published annually in the C.F.R (Code of Federal Regulations) Individual titles of the C.F.R are revised annually- like statutes however, regulations are often changed in some way Consult the C.F.R “List of Sections Affected” (LSA) and back Federal Register monthly Published by the Office of the Federal Register, National Archives and Records Administration (NARA) and printed by the Government Printing Office (GPO) The Index and Finding Aids volume accompanying the C.F.R set contains a Parallel Table of Authorities and Rules to the United States Code

Primary Sources: Case Describe the parts of a judicial opinion Cases are published in volumes called reporters Decisions by the U.S. District Courts are appealed to federal courts of appeals, which are organized by circuits. Decisions by the U.S. Courts of Appeals are published in a series of reporters called the Federal Reporter. (currently on 3 rd series) Appeals from the U.S. Court of Appeals and from the state courts of last resort are to the U.S., Supreme Court. Opinions of the Supreme Court are publishes in three different sources – The United States Reports (U.S)- official edition – Supreme Court Reporter (West) – United States Supreme Court Reports, Laywers Edition (L.Ed)- LexisNexis

Primary Sources: Federal Case Citation

Primary Sources: Case Continued Describe how cases can be located using case citations Published chronologically rather than by subject Standard citation

Secondary Sources Have significant persuasive authority (not formal authority) Explain the law and serve as finding tools Good idea to begin her when researching – Introduce researcher to specific area through explanation – Provide citations to primary source material Many sources: – Legal Dictionaries: Blacks Law Dictionary – Citation guides: The Bluebook – Legal Encyclopedias – Books, law review and journal articles

Internet Research Tools Government Websites – Education Resource Information Center (ERIC) – Institute of Education Sciences (IES) Legal Research Guides – Georgetown Law Library’s Research Guides Information and Advocacy – Office of Special Education Programs (OSEP)

Legal Research Strategies Analyze the Problem – Think about answer needed for research problem – Determine what it is that the research is to accomplish – Decide what ideal final product will look like Conduct the Research – Move between sources of law and pull together relevant information Evaluate the Results – Materials current? – Suffice?

Link to Overview research-flowchart/

Closing Activity W What I already Know I Interested in learning about K Know now I (still) Interested in learning about