Secondary Sources

PRINT AND ONLINE

COMMON SECONDARY SOURCES—ALL JURISDICTIONS

American Jurisprudence 2nd

Corpus Juris Secundum American Law Reports A.L.R. Fed Legal Treatises Legal Periodicals and Law Reviews

Form Books and Practice Guides

© 2000 by Prentice-Hall, Inc., Upper Saddle River, NJ 07458

Common California Secondary Sources

Witkin Summary of California Law California Procedure California Evidence California Criminal Law Cumulative Index

Calif. Secondary Sources, cont.

California Jurisprudence (Encyclopedia)

C.E.B. Books and Action Guides Rutter Group Form Books

Bender Forms of Pleading and Practice Bender Transaction Guide West Forms

Cont.

Sample Jury Instructions www.courts.ca.gov

Miscellaneous Treatise/Form Books Bell’s Miller & Starr Ballentine’s

RESEARCH CHECKLISTUSING ENCYCLOPEDIAS

Review your research question and identify topics

Look up descriptive words in index and get cite to topic and section or

Go directly to the alphabetically arranged volume containing your general topic and review outline for specific topic section number

Read Article and make note of primary law from your jurisdiction

Check pocket part supplement for updates

RESEARCH CHECKLISTUsing a Treatise

Identify legal topic Check library card catalog Check copyright date on treatise

Determine if treatise is supplemented

RESEARCH CHECKLISTUsing Periodicals

Identify legal topic or author Check Index to Legal Periodicals and/or Current Law Index

Locate periodical Check current state of law

Law Reviews/Periodicals on the Net

http://www.hwwilson.com

http://www.loc.gov/law/ Find Legal Resources (databases)

Google Scholar

http://stu.findlaw.com/journals/

Digests—Finding Tools

“Index” to cases

Topical organization of headnotes and reference to cases

WEST DIGEST SYSTEM The American

Digest Centennial Digest Decennial Digest General Digest

The U.S. Supreme Court Digest

Federal Practice Digest

Atlantic Digest North Western

Digest Pacific Digest South Western

Digest State Digests Specialty Digests

(Starting with a known case) RESEARCH CHECKLISTUsing Digests

Identify headnotes relevant to your issue Note topic and number of those headnotes Find digest that corresponds to case

reporter Locate topic and number in digest Note citations to other cases under topic

and number Read other cases

Using Digests

(Starting with issue or facts, but no known cases)

Identify key words in facts and issues Locate key words in descriptive word index Identify proper topic and numbers from

index Locate topic and number in digest Note case citations under topic and

number Read cases

Using Practice Books/ Form Books

Usually have a key word index Usually have table of contents

KEYCITE AND SHEPARDSCITATORS

Validating Research/Cite Checking

Shepard’s (LEXIS LAW PUB.) AutoCite

Key Cite (West)

Purpose of Validation (Cases)

Make sure case is still good law Not overruled (new case) Not reversed (same case-different court)

Determine how case is viewed by other courts Criticized, distinguished etc.

Find other cases on same point Discussed, cited by, etc

Purpose of Validation (Codes)

Make sure it has not been repealed Make sure that cases have not

found it unconstitutional Find cases that have interpreted

the code section

What You Find

If you have an incorrect citation Parallel citations (for cases) History of Case (same case)

Prior and subsequent Treatment of Case

How other cases treat your case

Caution

For cases, you should check all parallel cites

You Can Shepardize These Authorities

CASE LAW STATUTORY LAW CONSTITUTIONS ADMINISTRATIVE REGULATIONS SELECTED LAW REVIEWS AND

A.L.R.’S COURT RULES APPROVED JURY INSTRUCTIONS

Shepardizing In Print

Note citation to be Shepardized Locate all relevant Shepard’s volumes, including

supplements and advance sheets Check “What your library should contain on cover of

supplements Locate first appearance of your authority in Shepard’s Check your citation in all supplements and advance sheets Interpret or analyze your findings Review tables of abbreviations in front of books if necessary

If Shepardizing case law, repeat process with all parallel cites

Use Daily Update Service

Shepardizing Online

Note citation to be Shepardized Access online service Access Shepard’s online Enter citation Use “Help” feature if necessary Analyze or interpret results Repeat process with parallel citations

Cite Checking

Validating law Checking accuracy of citation

(name, reporter etc.) Locating parallel citations Checking form of citation Checking accuracy of law (rarely)