Introduction to Legal Research

Introduction to Legal Research Section 2 - Tiscione Fall 2009 Sara Burriesci, Reference Librarian Outline of Session     Overview of Secondary Source Research Overview of Statutes Research Brief Intro. to Case Law Research Using Lexis & Westlaw to Find Secondary Sources and Statutes Secondary Sources: What Are They?    Anything except primary law (statutes, case law, regulations, constitutions). Typically writings, analysis or commentary about the law. Many different types exist, from basic overviews to very scholarly publications. Secondary Sources: Types       Legal encyclopedias (AmJur & CJS) Treatises Legal periodicals, inc. law reviews, legal newspapers American Law Reports (ALR) Restatements of the Law Jurisdiction-specific  Ex. State encyclopedias, state-specific treatises Secondary Sources: Why Use Them?    Get overview of an unfamiliar area of law. Find citations to primary authority. Cite as persuasive authority. Using Secondary Sources (in Print)  Begin by locating the source itself using the law library catalog. Search GULLiver from the Library home page at http://www.ll.georgetown.edu. Using Secondary Sources (in Print)  If available, use an index or the table of contents to identify relevant sections. Index Table of Contents Using Secondary Sources (in Print)  Locate the relevant sections in the main volumes. Using Secondary Sources (in Print)  Update your research using any existing pocket parts in the back of the books or freestanding supplement volumes. Statutes: What Are They?    Laws enacted by a legislative body (federal, state or local). Much of the law in the U.S. is set forth in statutes, both at the federal & state levels. Statutes are binding authority in their respective jurisdictions. Statutes: Key Points to Remember   Statutes may “supersede” case law. Often “interpreted” by case law. Statutes: Key Points to Remember  Once enacted, statutes are published in two basic compilations:  Sessions Laws (chronological)  Codes (topical) (currently in effect) Statutes: Key Points to Remember   The majority of your research will be in Codes. There are many finding aids available for searching statutes, including:  Indexes  Tables of Contents  Popular Name Tables Using Statutes (in Print)     Find the statutory compilation using the law library catalog. Use an index to search by subject, or the popular name table to search by statute name, to identify relevant sections of the statute. Locate the relevant sections in the main volumes. Make sure the sections are up-to-date by checking the pocket part in the back of the main volume and/or any freestanding supplement volumes. Case Law: Brief Introduction   What is it?  Judicial opinions from federal and state court systems in the U.S.  May be binding in its jurisdiction; persuasive in others. 2 Main Purposes  The resolution of issues for the parties to a case.  The development of the law through a written record. (Precedent.) Case Law: Brief Introduction  Publication Scheme  Case Reporters   Chronological Source of case citations (ex: Ward v. Young, 504 So. 2d 528 (Fla. 4th Dist. Ct. App. 1987). The subject indexes to the West reporter system.  Digests (KeyNumbers/Headnotes)   Finding Case Law Online – with Lexis & Westlaw Reps Using Lexis & Westlaw for Research  4 key components to good online legal research using Lexis & Westlaw:  Choosing the right database  Choosing the best search terms & search type for your research needs  Thoughtful analysis of the results  Using value-added features to continue your research  This interconnectedness of materials is what makes Lexis & Westlaw especially powerful (& expensive!) research tools. Choosing the Right Database    Remember that Lexis & Westlaw are not databases – they are collections of databases. The best database is the smallest one that will still cover all of the information you need.  It costs less.  It reduces the amount of irrelevant information your search will retrieve. Locating databases  Browse the directory  Search the directory Choosing the Best Type of Search & Search Terms   Lexis & Westlaw do not think. They do only what you tell them to do, so choose search terms carefully. Terms & Connectors (Boolean)  Get exactly what you ask for  Uses connectors  Lexis: and, or, w/p, w/s  Westlaw: and, or, /p, /s Choosing the Best Type of Search & Search Terms   Natural Language  No connectors  More flexible than T&C – usually gives you documents that don’t include all your search terms. You can also use finding aids, such as indexes and tables of contents. Example: Finding Secondary Sources on Lexis  Find an article in Florida Jurisprudence regarding a dog owner’s liability when the dog bites someone. TOC: browse “animals” topic T&C: dog w/s bit! w/p owner Nat Lang: dog bite owner Known citation: 4 Am Jur 2d Animals § 78     Example: Finding Statutes On Westlaw  Find a Florida statute that addresses dog-owner liability to people the dog bites. T&C: dog /s bit! /p owner Nat Lang: dog bite owner Index Known citation: 767.04 Table of contents for “browsing around”       Find definition of “owner” for purposes of the statute Questions?  Sara Burriesci   202-662-9142 sek28@law.georgetown.edu  Reference Desk    202-662-9140 Live Help Email: libref@law.georgetown.edu