TCMP 571 A: Legal Urbanism University of Washington Tacoma

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Presentation transcript:

TCMP 571 A: Legal Urbanism University of Washington Tacoma Legal Research TCMP 571 A: Legal Urbanism University of Washington Tacoma April 24, 2019

What is your research topic? What are some possible legal resources? Assignment 1 Reflection/Discussion What is your research topic? What are some possible legal resources? Did anyone find any great resources that they would like to share?

Review: Three Branches Makes law by enacting Statutes Legislative Branch Enforces laws through regulations and other administrative action Executive Branch Interprets the law, and creates primary law through judicial opinions Judicial Branch

Two Parallel Systems of Primary Law Statutes: written law passed by legislative body Regulatory Law: law promulgated by executive branch agency Case Law: law based on judicial opinions Two Parallel Systems of Primary Law From the three branches we have three sources of primary authority that are Binding statements of law. Federal State

Local Government Counties, cities, towns and special districts Elected commissioners, counsel members, and mayor Provided authority through Title 35, 35A & 36 RCW (Washington State) Allocate local budgets, protect public health, provide human services, conduct elections, responsible for superior and district courts (county level)

Federal Level v. State Level U.S. Supreme Court Local and State Cases In Washington Federal Cases WA State Supreme Court Appellate Courts: U.S. Court of Appeals WA State Court of Appeals Trial Courts : Two parallel system fo primary law - Systems are hierarchical U.S. District Courts Superior Courts U.S. Court of Claims District Courts with Small Claims U.S. Court of International Trade Municipal Courts Source: courts.wa.gov

Thirteen Appellate Courts

Research Strategy Conduct preliminary analysis of research need (jurisdiction, keywords, time period) Consult secondary sources (law reviews, encyclopedias, Nutshell series, books, articles) review citations and note possible keywords and topics Consult commercial databases (Nexis Uni, Hein Online), which provide annotations including summaries and core terms

Exercise Spend about 5 minutes working through the legal research preliminary analysis worksheet. Get into groups of 2-3 people. Discuss your individual topics, and offer each other possible sources to explore (5-10 minutes).

Library Website Demonstration Using Library homepage Law Research Guide Nexis Uni Hein Online

Government Portals Case law is primary law created by judicial opinions in the course of resolving disputes. It is the written resolution of the issues, written by a judge or a panel of judges. It is not a jury verdict. Juries decide facts; judges decide law. The word case is often used interchangeably with opinion or decision.

United States Court Opinions (govinfo) govinfo is a service of the United States Government Publishing Office (GPO), which is a Federal agency in the legislative branch. govinfo provides free public access to official publications from all three branches of the Federal Government.

Washington State Legislature RCW and WAC

What is the purpose of case law? To determine the constitutionality of statutes To interpret statutes To decide cases in the absence of statutes

Evaluating Case Law On Point Binding authority Recent Leading case

Elements of a Supreme Court Citation Edmond v. United States 520 U.S. 651 (1997) Edmond v. United States 520 U.S. 651 (1997) Reporter Starting Page Number Volume Number Year of Decision Case Name

Parallel Citation Edmond v. United States 117 S.Ct 1573 Reporter (1997) Reporter Starting Page Number Volume Number Year of Decision Case Name West’s U.S. Supreme Court Cases

SupremeCourt.org

Google Scholar US federal district, appellate, tax and bankruptcy courts since 1923 and US Supreme Court cases since 1791. It is the most comprehensive free source of federal district court opinions.

Free Sites for Case Finding (Guide) U.S. Supreme Court U.S. Circuit Courts of Appeals and States U.S. District Courts Federal and State Court websites FindLaw Justia Public Library of Law Google Scholar State Court Dockets Court Websites News Sources Justia Google Scholar U.S. Supreme Court Official Site Cornell Legal Information Institute FindLaw Justia

Elements of WA State Supreme Court Citation State v. O’Dell 183 Wn.2d 680 (2015) State v. O'Dell 183 Wn.2d 680 (2015) Reporter Starting Page Number Volume Number Year of Decision Case Name Washington Reports, 2d Series, Washington Appellate Reports (Wash.App.2d)

Free Sites for Case Finding in Washington WA Supreme Court & WA Court of Appeals Washington State Judicial Opinions Website Google Scholar Court Listener FindLaw

Questions? Case law is primary law created by judicial opinions in the course of resolving disputes. It is the written resolution of the issues, written by a judge or a panel of judges. It is not a jury verdict. Juries decide facts; judges decide law. The word case is often used interchangeably with opinion or decision.

Additional Resources Law – UW Tacoma Research Guide WA Opinions – UW Research Guide Video – Introduction to Case Law Research Video –How to Read a Case