"Introduction to Legal Research 110 Classroom C"
Introduction to Legal Research 1:10: Classroom C Model Rules of Professional Conduct Rule 1.1 Competence A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. Rule 1.3 Diligence A lawyer shall act with reasonable diligence and promptness in representing a client. Rule 3.1 Meritorious Claims and Contentions A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law. . . . Rule 3.3 Candor Toward the Tribunal (a) A lawyer shall not knowingly: (1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer; Rule 3.3 Candor Toward the Tribunal (a) A lawyer shall not knowingly: (2) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; Rule 8.4. Misconduct It is professional misconduct for a lawyer to: (a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another; (b) commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects; (c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation; (d) engage in conduct that is prejudicial to the administration of justice; (e) state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law; or (f) knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law. Ultimate Goal of Legal Research? FINDING PRIMARY MANDATORY AUTHORITY Sources of Primary Law? Constitutions Statutes CourtOpinions (also called Cases) Administrative Regulations TYPE OF MANDATORY PERSUASIVE AUTHORITY (BINDING) (NONBINDING) PRIMARY Constitutional provisions, Decisions from courts in statutes, and regulations one jurisdiction are (legal rules) in force within a persuasive authority for jurisdiction are courts within another mandatory for courts jurisdiction. within the same jurisdiction. FROM SLOAN _ page 6 Decisions from higher Decisions from lower courts within a courts within a jurisdiction are jurisdiction are mandatory authority for persuasive authority for lower courts within the higher courts within the same jurisdiction. same jurisdiction. SECONDARY Secondary authority is Secondary authority is (anything not primary - not mandatory authority. persuasive authority. usually commentary on the law) Legal Dictionaries Black’s Law Dictionary – now in 8th Ed. Other Legal - print dictionaries (e.g. – authors - Gifis, Oran and Clapp) Online: Findlaw (http://dictionary.lp.findlaw.com/) Harvard 1L (http://www.law.harvard.edu/library/servic es/research/guides/united_states/basics/on e_l_dictionary.php) Westlaw – has Black’s (8th Edition) LEGAL AUTHORITY Think of it in terms of: PRIMARY SECONDARY AUTHORITY AUTHORITY May be either: Never Mandatory Mandatory or Always persuasive Persuasive (think of it on a continuum of validity/persuasiveness)) So… Why use Secondary Resources? Two Main Reasons: 1) Gain basic understanding of the law by getting background information, finding out issues in your topical area, finding new terms, definitions, concepts, etc… 2) Because they lead to Primary Resources When to use secondary resources? 1. Researching an unfamiliar area of the law. 2. Looking for primary persuasive authority (law from another jurisdiction) but doing a nationwide search is inefficient. 3. Researching an undeveloped area of law. 4. An initial search of primary sources yields either no authority or too much authority - What are the main secondary resources ? Legal encyclopedias American Law Reports (ALR) Treatises Periodicals - journals & law reviews Restatements of Law Legal treatises Multi-volume scholarly works, e.g. Corbin on Contracts Legal treatises Single volume hornbooks, e.g., Prosser & Keeton on Torts Demo LawCat – or use Pre-made slides!! Interpreting a Cite 224 So. 2d 554 224 So. 2d 554 224 Volume 224 So. Southern Reporter 2d 2nd Series 554 Page 554 Interpreting a Cite 74 Harv. L. Rev. 1 74 Harv. L. Rev. 1 74 Volume 74 Harv. Harvard L. Law Rev. Review 1 Page 1 What is: 65 N. Ky. L. Rev. 405 ? Northern Kentucky Law Review Interpreting a citation Appendix 1 – Primary Sources by Jurisdiction Appendix 2 – General Abbreviations Appendix 3 – Court Abbreviations Appendix 4 – Abbreviations for Law Periodicals Interpreting a citation The Bluebook: A Uniform System of Citation ( 17th ed.) How to find secondary sources? LawCat LawCat searching - terms Treatise on healthcare: Search term: "healthcare" LawCat searching - terms 16 results LawCat searching - terms Treatise on healthcare: Search term: "health care" LawCat searching - terms 210 results LawCat searching - truncation Use truncation - need treatise on "Workers' Compensation" Use asterisk "work* compensation" LawCat searching - truncation 114 results LawCat searching - jurisdiction can narrow search by entering jurisdiction "work* compensation* georgia" LawCat searching - jurisdiction 45 results LawCat searching - limiting searching for a treatise on real property "real property" LawCat searching - jurisdiction 226 results can select "limit this search" button LawCat searching - jurisdiction search for author Jerome Whalen click "limit/sort" button LawCat searching - jurisdiction Commercial Ground Leases by Jerome Whalen LawCat searching - limiting can also search by author from main search screen click "author" radio button & term "Smith, Michael" LawCat searching - range numbers want to find where the Southeastern Reporter is located click "title" radio button, and enter "Southeastern Reporter" LawCat searching - range numbers choose "Second Series" LawCat searching - truncation GA-4 denotes Georgia Collection, fourth shelf row