What First-Year Students Should Learn in a Legal Research Class Nancy P. Johnson Assoc. Dean for Library and Information Services Georgia State Univ. College of Law Library
Law Student Research Competencies AALL Law Student Research Principles Core Legal Research Competencies Johnson article at SSRN:
General Principles Evaluate the validity, credibility, and currency of information sources - online Distinguish binding and persuasive authority - address contrary authority “Work the problem” before starting research Cost-effective – extremely difficult for students
Evaluate the Validity, Credibility, and Currency of the Information Sources Wikipedia “This article needs references that appear in reliable third-party publications.” GPO PDFs do not indicate revision dates, but their text-file versions do
Distinguish binding and persuasive authority – address contrary authority
“Work the Problem” Constitutional Issue ? Jurisdiction – Federal or State ? Issue Read secondary source to become familiar with the area of law Locate, read, and analyze constitutional provisions and cases Cite check the cases
Cost of research
“Information Overload”--Future Shock In 2010, all federal courts had larger caseloads Bankruptcy cases up 14% U.S. Supreme Court cases up 5.4%
Case Law Research Understand generic court system Distinguish between official and unofficial sources Validate results often
Finding Cases Understand West digest system – print and online Move from code to cases Relationship with vendor representatives
Link between print Digest and online
Statutes Stress all of the useful features in a code Distinguish between a code and a session law Introduce legislative history
Easy way to locate cases, regulations, and treatises
Administrative Realize that using administrative rules and regulations and the decisions of the administrative board is crucial to the practice of law. Know the value of loose-leaf services
Secondary Excellent for background information, to gain familiarity with terms of art and to put primary sources in context Non-legal information – know when to use it.
Know the value of your librarian