1. Legal Reference Questions in a Non-Law Library May 17, 2016 Joan Shear, Boston College Law Library Suzanne Hoey, Massachusetts Trial Court Libraries

2. Always Ask: Is this an academic exercise (research assignment) or Is this a real life legal dispute?

5. Legal advice includes more than you think! Caution

7. Legal research is The search for authority to predict a likely outcome to advise a client or to advocate for a client

8. AUTHORITY Binding and Persuasive Authority Primary and Secondary Sources

9. Primary Sources Organic Documents Constitutions Charters Legislature Statutes Ordinances Judiciary Cases Executive Regulations Executive Orders

10. Secondary Sources Everything Else Organic Documents Constitutions Charters Legislature Statutes Ordinances Judiciary Cases Executive Regulations Executive Orders

12. Jurisdiction

13. Most lawyers start with a secondary source Provides meaningful background Easier to read and understand Well organized Contains cites to primary materials Indicates leading authorities

17. Secondary Considerations Not the law; opinions Start, don’t stop there Things change

18. Statutes Legislative enactments Regulate future behavior Published in two forms As enacted by a legislature: Session Laws In a topical arrangement: Codes

20. Code Considerations Other sections can define or limit It takes time to codify Not everything gets codified Cases can change the meaning or invalidate statutes

22. Statutory Considerations Law as enacted or as amended Check effective dates Judicial treatment of statutes

25. Legislative History Considerations Not primary law Court interpretation controls Almost too much

26. Cases Application of law to the facts before the court Only holding can be binding Only binding on courts with direct line of appeal Federal or state or both could be relevant

32. Case Considerations Some points of law never litigated Contradictory case law Cases must be validated before being relied upon

33. Regulations Delegated legislation Required rule-making procedures Published in two forms: Topically in Administrative Codes Chronologically as Administrative Registers

37. Regulations Considerations Regulations change frequently Regulations can be invalided by courts Congress can disapprove and void

38. International Law Two types: Public international law – law between nations Private international law – law between citizens of different nations Major source is the treaty

41. International Law Considerations Not just the words of the treaty – check for reservations, understandings, and declarations. Check current status Not the same as foreign law

44. Massachusetts Trial Court Libraries http://www.mass.gov/courts/case-legal-res/law-lib/