1. CML 3319: Advanced Legal Research Methodology (Winter 2011) American Law
Nathalie Léonard, Law Librarian
Brian Dickson Law Library

2. Outline Overview of the American legal system
Legal resources to locate case law, statutes and journal articles
Exercise

3. My approach to legal research
To consult secondary sources
To consult case law and legislation
Noting up cases and statutes found.

4. United States Legal System
Court of Last Resort
Hears only appeals on questions of law.
Ex. : Supreme Court (at federal or state level), Supreme Court of Appeals, Supreme Judicial Court, Court of Appeals
Appeal Court
Hears appeals on questions of law or fact.
Ex. : Court of Appeals, Superior Court, Commonwealth Court, Court of Criminal Appeals, Appellate Division of the Supreme Court
Court of First Instance
Either before a judge alone or a judge and jury. Courses often have names that indicate their areas of jurisdiction.
Ex. : Small Claims Court, Criminal Court, District Court, Supreme Court.

5. U.S. Federal Courts SUPREME COURT OF THE UNITED STATES
CIRCUIT COURTS OF APPEALS (11) & DC CIRCUIT
Court of Appeals for the Federal Circuit
COURT OF APPEALS FOR THE ARMED FORCES
District courts (97)
Tax court
Court of International Trade
Court of Federal Claims
Court of Appeals for Veterans’ Claims
Army, Navy, Marine Corps, Air Force, Coast Guard Courts of Military Review
Court of Last Resort for each state

6. State level: by example, New York Courts
NEW YORK COURT OF APPEAL
APPELLATE DIVISIONS OF SUPREME COURT (4)
APPELLATE TERMS OF SUPREME COURT
Supreme courts (12)
County courts (57)
Court of Claims
Family Court
Surrogate’s court (62)
District courts
City Court

7. Secondary sources Monographs Wigmore on Evidence; Corbin on Contracts
Legal Periodicals
HeinOnline, Index to Legal Periodicals Fulltext, LegalTrac.
Legal Dictionaries
Black’s Law Dictionary
Legal encyclopedias 
Corpus Juris Secundum (available on Westlaw Canada or in print SLR 4-(59-60))
American Jurisprudence (available on LexisNexis/Quicklaw and Westlaw or in print SLR 4-60)
American Law Reports (“A.L.R.”)

8. Case Law National reporters (superior courts):
U.S. Supreme Court Reports (1790-)
Supreme Court Reporter (1882)
Federal Reporter (1880-)
Federal Supplement (1933-)

9. Case Law States Reporters : Atlantic Reporter (1885-)
North Eastern Reporter (1885-)
North Western Reporter (1879-)
South Eastern Reporter (1887-)
South Western Reporter (1886 -)
Southern Reporter (1887-)
New York Supplement (1888-)
California Reporter (1959-)

10. Case Law Digests of cases Digests (three series):
Century Digest (1896-)
Decennial Digests ( , , etc.)
General Digest (updating the last issue published of the Decennial Digest)

11. Noting-up American cases
Is the case still good law?
Has not been overturned
How the case has been treated by new cases
The case has been considered, distingued, applied, etc.
Tools:
LexisNexis/Quicklaw (Shepard),
Westlaw Canada (KeyCite)
Shephard’s Citations (in print)

12. Finding case law online
U.S. Supreme Court: or Cornell’s LII: (
Lower Federal Courts:
Westlaw Canada
LexisNexis/Quicklaw

13. Legislation The U.S. Constitution has been put in place in 1789.
This document establishes the government as well as three powers: Congress (the legislature); President (executive branch) and, Federal courts (the judiciary).
The Constitution has created several levels of government: a national federal government; an independent government in each State, and, a government for each city.

14. Legislation The Constitution lists the areas of federal jurisdiction.
ex. : taxes, social security, environment, l’impôt, …
State governments and municipal governments have the right to legislate in any other field.
The Constitution and federal statutes are the supreme law of the country.

15. The federal legislature: the Congress
Before it is official, a bill must be passed by both houses – the House of Representatives and the Senate– and the President must sign it
The President has the right to veto any legislation

16. State legislatures
Each state legislature is divided into two chambers - the House of Representatives and the Senate (or similar names like General Assembly))
they both have the right to impose laws that will apply in the state in question

17. Regulations
Some federal agencies are part of the executive and have the right to establish regulations.
- ex. : Food and Drug Administration, which determines which drugs can be offered to the public
There are also state agencies who have similar power.
ex. : Department of Motor Vehicles from California

18. Statutes Bill (H.R. 676 or S. 612) Slip Law (Pub.L. No. 103-416)
Session Laws
Published in Statutes at Large, official source
United States Code and United States Code Annotated
Organized in 50 titles (topics), published every 6 years.
Index of statutes organized by title or by « Popular Name »
United States Code Service, Lawyers’s Edition

20. To locate statutes and regulations
U.S. Constitution:
Sources for Slip/Session Laws
United States Code
On GPO Access:
Cornell’s LII- US Code Collection:

21. To locate statutes and regulations (more)
Code of Federal Regulations
State Law (Cornell LII’s Law By Source: States)

22. Bills
THOMAS
Like LEGISinfo : all sorts of information on bills introduced in Congress
since 1995 (the 104th Congress)

23. Citations The Bluebook : A Uniform System of Citation (18th ed.)
Harvard Law Review

24. To obtain more information :
U.S. Courts
Understanding the Federal Courts, a document created by the Administrative Office of the Courts of the United States
A Guide to Legal Literacy, a document created by the State Bar of California
Library of Congress
Our Research guide on American law

25. To obtain more information
In print:
Armstrong, J.D.S. Where the Law is : An Introduction to Advanced Legal Research, 3rd ed. (St. Paul, MN : Thomson/West, c2009). FTX General  KF 240 .A
Berring, Robert C. Finding the law, 12th ed. St. Paul, MN : Thomson/West, c2005.
FTX Reference  KF 240 .C
McCormack, Nancy, John Papadopoulos and Catherine Cotter. The Practical Guide to Canadian Legal Research, 3rd ed. (Toronto : Carswell, c2010). FTX Reserve KE 250 .C
Olson, Kent C. Principles of Legal Research (Successor to How to Find the Law, 9th edition) St. Paul, MN : West, c FTX Reference KF 240 .C