Introduction to Legal Research Why is research important? Why is research important?
-
Upload
malcolm-nelson -
Category
Documents
-
view
220 -
download
0
Transcript of Introduction to Legal Research Why is research important? Why is research important?
Introduction to Legal Introduction to Legal ResearchResearch
Why is research Why is research important?important?
Sources of LawSources of Law Primary Sources of LawPrimary Sources of Law Secondary SourcesSecondary Sources
Remember to: Remember to:
Take advantage of ALL of the Take advantage of ALL of the information provided!information provided!
Learn parts of research tools:Learn parts of research tools: What type of information does it What type of information does it
contain?contain? How do you locate relevant How do you locate relevant
information within the source information within the source (finding tools)?(finding tools)?
How do you update it? (How up-to-How do you update it? (How up-to-date is it?)date is it?)
Secondary SourcesSecondary Sources Legal Dictionary Legal Dictionary Legal EncyclopediaLegal Encyclopedia TreatisesTreatises American Law ReportsAmerican Law Reports Legal PeriodicalsLegal Periodicals Restatements of the LawRestatements of the Law Jury InstructionsJury Instructions
Legal Dictionary
Legal definitions of words and phrases in alphabetical order
Often has citations to other resources, like cases or statutes
Dictionary entry
Reference to other “definition”
Legal Definitions
Reference to treatise
Legal EncyclopediaLegal Encyclopedia
Provide a general description of Provide a general description of the lawthe law
Include lots of citations to cases Include lots of citations to cases and other sources of informationand other sources of information
Find relevant information through Find relevant information through the index or the topic outlinesthe index or the topic outlines
Update with the pocket partUpdate with the pocket part
Examples of Legal Examples of Legal EncyclopediaEncyclopedia
American Jurisprudence, Second American Jurisprudence, Second Edition (Am.Jur. 2d)Edition (Am.Jur. 2d)
Corpus Juris Secundum (C.J.S.)Corpus Juris Secundum (C.J.S.) Jurisdictional Encyclopedia-Jurisdictional Encyclopedia-
Florida Jur, 2d (Fla Jur, 2d)Florida Jur, 2d (Fla Jur, 2d)
FLJur
Digest: to find more cases
Broad overview of issue
Relevant FL cases
Relevant FL statute
Also may include illustrations
and practice tips
Treatises Treatises Book or set of books written by Book or set of books written by
an authority on the subjectan authority on the subject Can vary widely in their Can vary widely in their
coverage from very scholarly coverage from very scholarly analysis to practical applicationanalysis to practical application
Locate appropriate sources by Locate appropriate sources by using the Library’s online using the Library’s online catalog, catalog, Baron
List of leading treatises in List of leading treatises in library’s research guideslibrary’s research guides
Treatise p. 1Corbin on Contracts
Treatise mentioned in dictionary
Reference to digest (for cases) and legal encyclopedia
References to cases from a sampling of jurisdictions
and other secondary sources
Treatise p. 2
Discussion is scholarly treatment of “all” issuesthat arise in contracts
Even historical development
American Law ReportsAmerican Law Reports
Provide in-depth discussion of a Provide in-depth discussion of a specific issuespecific issue
Use the ALR Index to find Use the ALR Index to find annotationsannotations
Update with pocket part and Update with pocket part and Annotation History TableAnnotation History Table
Legal PeriodicalsLegal Periodicals Describe and analyze the law or Describe and analyze the law or
a specific area of lawa specific area of law Also provide tons of other Also provide tons of other
information in the footnotesinformation in the footnotes Find articles through various Find articles through various
indexes:indexes:Recent: LegalTrac and Index to Recent: LegalTrac and Index to
Legal Periodicals - BaronLegal Periodicals - BaronOlder: Index to Legal Older: Index to Legal
Periodicals, Hein OnlinePeriodicals, Hein Online
Law Journal
In-depth discussion of legal issue
Relevant primary & other secondary
sources
Restatements of the LawRestatements of the Law Clarify rules of common lawClarify rules of common law Each restatement is divided into Each restatement is divided into
sections, followed by comments and sections, followed by comments and illustrationsillustrations
Finding tools - no comprehensive indexFinding tools - no comprehensive index Restatements are updated with newer Restatements are updated with newer
editions, but the appendices cite to editions, but the appendices cite to more recent cases (federal and state)more recent cases (federal and state)
Also other model law sets.Also other model law sets.
Restatement
Restatement itself
Comments explaining Restatement
Not shown: IllustrationsFollowing Comments
Reference to Appendix for cases
Jury Instructions Plain-language description of the
elements of a cause of action Usually divided between civil
and criminal causes of action Finding aids include index and
table of statutes Sometimes provide citations to
other resources, such as cases and statutes