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Legal Research in the Real World Mary Whisner Helane Davis Cheryl Nyberg
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On Managing research assignments Developing research strategies Learning tips to make legal research easier
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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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Notes Prepare to cite –Write down the information you’ll need now rather than waiting until you’re ready to write.
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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: –Have an applicable statute? –Digest –Secondary sources are your friend
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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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So…Scenarios The Wild Goose Chase "We think our matter is a case of first impression." source: Callinan, Ellen, How to Survive Summer Associate Research... and Thrive!--Advice from the Law Firm, 7 Perspectives: Teaching Legal Research and Writing (Spring 1999) 113-115 (1999), reprinted in Best of Perspectives: Teaching Legal Research & Writing at 81-83.
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So…Scenarios The Survey "For a large national client, we need to know how all 50 states handle a particular legal issue.“ source: Callinan, Ellen, How to Survive Summer Associate Research... and Thrive!--Advice from the Law Firm, 7 Perspectives: Teaching Legal Research and Writing (Spring 1999) 113-115 (1999), reprinted in Best of Perspectives: Teaching Legal Research & Writing at 81-83.
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So…Scenarios Update My... “Course materials, seminars, articles or books.” source: Callinan, Ellen, How to Survive Summer Associate Research... and Thrive!--Advice from the Law Firm, 7 Perspectives: Teaching Legal Research and Writing (Spring 1999) 113-115 (1999), reprinted in Best of Perspectives: Teaching Legal Research & Writing at 81-83.
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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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Missile - any Tips
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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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Fact Pattern American Law Reports Causes of Action (tort- based)
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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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Facts Public libraries –Seattle Public –Internet Public Library Almanacs
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Bag ‘O Tricks How to use a new source Smaller, targeted databases System as a citator
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Paper Trail CALR searches Internet finds Citator checks Dead ends
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Kindness of Strangers
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