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Legal Research in the Real World Mary Whisner, UW Law Library Rita Kaiser, King County Law Library
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On Managing research assignments Developing research strategies Learning tips to make legal research easier
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We Can’t Cover Everything Today! Use research guides.research guides Ask a reference librarian. Develop your skills -- e.g., by taking advanced legal research classes.
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Project Log Date assigned Supervisor Project Due When you’ll work on it Done!
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Calendar Due dates Chunks of time for working on projects (before their due dates!) Meetings “Extras”
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Getting the Assignment School assignments –What topic –How long (pages, margins, font size) –What sources to use –When due Work assignments –????
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Asking Questions Is Good! Requester? –Contact info? –Others who know project? When is it due? Format? Time? Billing? Background? Suggestions?
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What Resources Are Available? Important to know about your workplace –Librarian, office manager, summer clerk coordinator Information, policies Advice –In-house library Books, etc. Brief bank Electronic subscriptions
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What e-Resources Are Available? Important to know about your workplace –LN & WL? academic subscriptions - externships for credit employer’s subs for all else –Loislaw OK to use for work –Casemaker all WSBA members –Other products
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Local Law Libraries Law school libraries – SU, UW King County Law LibraryKing County Law Library –Subscription plan –Collection –Electronic resources –Reference help KCLL RJC
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KCLL Resources Online Library Catalog (from web site) Collection of materials for day-to-day legal research needs Current secondary sources and primary law for Washington & Federal Historical Washington & Federal primary law Codes for all 50 states
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KCLL Resources Legal Databases (15 cents a page for copies) –Westlaw - Includes case law, statutes, and administrative material for all fifty states plus federal - no fee to search –Lexis - Includes Washington state and federal - plus get a document –HeinOnline – for law reviews, treaties, Federal Register, etc.
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KCLL Resources Legal Research and Training Center –Access to Internet –SCOMIS & ACORDS –Word processing & printing Wireless access points
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KCLL Research Help Experienced reference staff Research Links on our web site Research Guides Ask a Question – from the web site How do I Find --- ?
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More Libraries Other law libraries –County law libraries –U.S. Courts What about nonlegal info? –Seattle Public Library –University libraries
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Notes Prepare to cite –Write down the information you’ll need now rather than waiting until you’re ready to write. Keep a paper trail –Dead ends, too!
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Notes ♪What’s the question? ♪Where’d you look? ♪How’d you look? ♪What’d you find? ♪What’s the date? ♪Why’d you copy that?
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Developing Research Strategies
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Think Framework Rombauer Preliminary analysis Search for statutes Mandatory precedent Persuasive precedent Refine, double-check & update
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Preliminary Analysis Issue Jurisdiction Key facts Relevant search terms Knowledge assessment
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Search for Statutes If there’s an applicable statute, you want to see it first Don’t forget to look for applicable regulations
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Search for Cases - Mandatory Cases that matter for your issue and jurisdiction How to find: –Secondary sources! –Ann. Statute –Digest –Full-text searching
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Search for Cases - Persuasive When there’s no mandatory precedent Choose your jurisdiction Here, secondary sources can be your favorite finding tool
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Refine, Double-check & Update All along or at the end: just make sure you do it! Shepardize/Keycite cases and statutes
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When Do I Stop? Lots of factors and no easy answers...but... When the costs outweigh the benefits When you keep finding the same sources When you find the answer When you run out of time
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Miscellaneous Tips
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Indian Law Tribes are sovereign governments. 29 in Washington. Guide: http://lib.law.washingt on.edu/ref/indian.html http://lib.law.washingt on.edu/ref/indian.html
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Fact Pattern American Law Reports Causes of Action (tort- based)
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Effective Dates WA: 90 days after adjournment –Laws of Wash. –RCWA tables & pocket parts US: Presidential signature OR as stated in the act –Statutes at Large –USC, USCA & USCS
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50 State Surveys M-H Law Digest National Survey of State Laws Subject Compilations of State Laws Uniform Laws Annotated
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Leave It to Bieber’s Dictionary of Legal Abbreviations Dictionary of Legal Citations
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The Bluebook Blue pages Tables & abbreviations Jurisdiction- specific Courts, documents, states, periodicals, services
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Words and Phrases Judicially defined Nationwide Annual pocket parts Westlaw: search cases or statutes, field WP (term)
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Unfamiliar Topic Find a research guide Consult a treatise Check ALR or Causes of Action Read a law review article
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Treat-ises ►Scholarly ► Comprehensive ► Authoritative Corbin on Contracts Nimmer on Copyright LaFave on Search & Seizure
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Forms Formbook collections LexisNexis & Westlaw databases Office boilerplate
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Bag ‘O Tricks How to use a new source Smaller, targeted databases System as a citator
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Tricks with Full-Text Databases Bluebook puzzles? Find a law review article that cites the source. Obscure document? Find an article that cites it – and maybe says where it’s reprinted. (Remember cost constraints.)
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Questions?
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