Legal Research: a QuickStudy Laminated Law Reference
By Debra Moss Curtis and Vincent Feliu
()
About this ebook
6 page laminated guide includes:
- Research Methodology
- Primary Authority Research
- Legislative System/Constitutions & Statutes
- Case Opinions: The Reporting System
- State Court Reporters
- Federal Court Reporters
- Locating Case law
- Secondary Authority Research
- Free Legal Sources Online
- Westlaw®
- Bloomberg Law
- Lexis®
- Heinonline
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Book preview
Legal Research - Debra Moss Curtis
Introduction
CATEGORIES
• Primary authority
Law issued by a branch of government
Judicial branch
Interprets statute or Constitution
Makes laws through common law
Legislative branch
Enacts laws
Executive/Administrative branch
Issues rules or regulations to implement legislation
President and state governors can issue executive orders
• Secondary authority
Includes all other written expressions of law
Court can use this as a basis for decisions
Furnishes a basis for argument to change law
• Research tools
Used to locate primary and secondary authority
Are not authority of any type; never cited themselves
RESEARCH METHODOLOGY
• Identify legal issues
What is the question of law for the courts to decide based on the factual circumstances of the case? EX: Was defendant negligent when he failed to stop at the red light?
Search for authority that resolves the legal issues in your fact situation from all sources
• Background
For a broad overview of general subject matter categories, use secondary sources
If a case or statute is known to be applicable, that primary authority may lead to other primary and secondary authorities
• Citations
All authority used to answer legal issue must be documented
Shorthand language for documenting legal sources is used that conforms exactly to the system
Uniform System of Citation: Known as The Bluebook
; dictates how this shorthand language should be incorporated into all different kinds of legal documents
ALWD Citation Manual: Compiled by the Association of Legal Writing Directors as an alternative manual to the shorthand system
COMPUTER-ASSISTED LEGAL RESEARCH
• Online services
Westlaw, Bloomberg Law, and Lexis
Case law, statutes, periodicals, CFR Index, Congressional Record
HeinOnline
Over 200,000 titles of legal history and government documents
Comprehensive coverage from the inception of over 2,500 legal periodicals
Congressional Record, Federal Register, Code of Federal Regulations, and U.S. Reports back to 1754
Dialog: Legal periodicals and congressional and government publications
• Internet
Availability of free public information
Courts, regulations, and legislation
Law review articles available on the Internet can be accessed through the pages of the specific schools
Research addresses on the Internet
State and federal opinions are available through http://caselaw.findlaw.com/
Legal Information Institute at Cornell University School of Law: http://www.law.cornell.edu/
Supreme Court: http://supct.law.cornell.edu/supct/index.html
Uniform Commercial Code: http://www.law.cornell.edu/ucc/
Trademark Law (Lanham Act): https://www.law.cornell.edu/wex/lanham_act
Code of Federal Regulations: https://www.ecfr.gov/cgi-bin/ECFR?page=browse
U.S. Congress: https://www.congress.gov//
Includes legislative information, such as pending bills, committee hearing schedules, and pointers