PA201 Introduction to Legal PA201 Introduction to Legal ResearchResearchUnit 2 – Statutory ResearchUnit 2 – Statutory ResearchA. E. Sloan (2009). Basic Legal Research Tools and Strategies (4th ed.). New York: Aspen Publishers

REVIEW OF UNIT 1REVIEW OF UNIT 1Primary vs. Secondary Sources:

◦Primary – rules of law (ex. Constitution, statute, case law, etc.)

◦Secondary – commentary on the law (ex. Treatises, law review articles, etc.)

Mandatory (Binding) vs. Persuasive (Nonbinding) Authority:◦Mandatory – court is obligated to follow◦Persuasive – court may follow if they

are persuaded to, but does not have to

REVIEW OF UNIT 1REVIEW OF UNIT 1Citing:

◦Cases - Baker v. Carr, 369 U.S. 186 (1962)

◦Statutes - 12 U.S.C.A. § 1986 (1996)◦Rules - Fed. R. Civ. P. 12 (b)(6).

CHECKLIST FOR UNIT 2CHECKLIST FOR UNIT 2 Review the unit introduction and key terms Learn about legislative history by listening to “I’m Just

a Bill Away” Learn about the U.S. Constitution by playing Double

Jeopardy Read Chapter 6 of Basic Legal Research Tools and

Strategies Read about drunk driving statutes and see a statute

in action Learn about Bluebook Rules 12.1 and 12.2 Learn about the Collins Fact Pattern Participate on the Discussion Board Attend and participate in this week’s Seminar Complete and submit the Written Assignment Review the unit’s key terms Take the Unit 2 Quiz

There are four main sources There are four main sources of lawof lawConstitutionsStatutesCourt opinions (also called cases)Administrative regulations

The preeminent source of The preeminent source of the lawthe lawConstitutionsFederal and State

ConstitutionsConstitutionsA state’s constitution may grant

greater rights than those secured by the federal constitution, but because a state constitution is subordinate to the federal constitution, it cannot provide lesser rights than the federal constitution does.

All of a state’s legal rules must comport with both the state and federal constitutions.

StatutesStatutesCreated by the Legislative BranchIdea -> Bill -> Committees -> Vote ->

Other house (for committee review and vote) -> President signs/veto

Three step process for laws that are enacted:◦ Published as a separate document – Public

Law◦ Published as slip laws for each session of

Congress◦ Published officially as a part of the complete

code

Organizations of CodesOrganizations of CodesFederal Code is broken down by “Title”

– they are numbered, and each are identified by name as well (ex: Title 18 Crimes and Criminal Procedure; Title 11 Bankruptcy). Broken down by Part, chapter and section.

State codes will be broken down either by title, chapter or code. Within any main section, it is further divided down; names may vary, depending on what they call the main sections.

Official vs. Unofficial; Official vs. Unofficial; Annotated vs. UnannotatedAnnotated vs. UnannotatedOfficial – published by

governmentUnofficial – published by

commercial entityAnnotated – has summaries of

cases and other sources for each section, to help clarify issues.

Unannotated – no summaries

Determining Authority of Determining Authority of Court DecisionsCourt DecisionsTrial Courts are at the bottom of

the judicial hierarchy. (In Federal Courts trial courts are District Courts…In state Courts trial courts are Circuit Courts.)

Intermediate level courts are appellate courts. (Federal = Circuit Court State = District)

Court of Last Resort – Supreme Court

Supreme Court OpinionsSupreme Court OpinionsThe Supreme Court may follow

opinions of lower courts, but is never obligated to do so. However, opinions of the Supreme Court are MANDATORY authority for both intermediate appellate courts and trial courts subordinate to it in structure. The Supreme court is not bound by its prior decisions but is deferential to them.

Jurisdiction and its effect on Jurisdiction and its effect on AuthorityAuthorityRules stated within a court

opinion are only mandatory authority within the court’s jurisdiction.

A Texas Supreme Court decision is not mandatory in Illinois but is Mandatory in a Texas trial or appellate court.

Citing ConstitutionsCiting ConstitutionsFederal:

◦U.S. Const. amend. XX ◦U.S. Const. art. I, § 2, cl. 3

State: ◦Cal. Const. art. XIV

Citing StatutesCiting StatutesCitation of an entire statute:

Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601-9675 (2000).

Citation of an individual provision of the United States Code: 28 U.S.C. § 1291 (2000).

Statutes on State Statutes on State WebsitesWebsitesEach State Government Website

has a place where statutes can be located

Some are user friendly and some aren’t

Need to have an understanding of searching on a State Website and/or electronic sources (i.e. Lexis Nexis)

Statutes on State Statutes on State WebsitesWebsitesWe will focus on the State

website right nowLet’s say we are looking for a

punishments for the Kidnapping Statute

There is a couple of ways we can search.

Statutes on State Statutes on State WebsitesWebsitesIf you know the Title or are

familiar with the category it will fall under then you can look it up that way

Beginning of Florida Beginning of Florida StatutesStatutes

CRIMESCRIMES

CHAPTER 787 KIDNAPPINGCHAPTER 787 KIDNAPPING

SELECT KIDNAPPING 787.01SELECT KIDNAPPING 787.01

Once it is selected, you will Once it is selected, you will be able to view the entire be able to view the entire statutestatute

Read the Entire StatuteRead the Entire Statute

Click on links that provide Click on links that provide additional informationadditional information

Link takes you directly to the Link takes you directly to the statutestatute

Additional Information Links Additional Information Links Provide:Provide:Will provide:DefinitionsAggravating factorsPrison sentences –

mandatory/maximum/minimum sentences

Plenty of other informationLinks will take you directly to the

statute that addresses it

Another way to search is by Another way to search is by word or Topicword or TopicMost Common Way to Search

Search ResultsSearch Results

Same ResultsSame Results

ANY QUESTIONS?ANY QUESTIONS?

Written AssignmentWritten AssignmentIn the web exploration of drunk driving

statutes, you identified two states' statutes using the web. 

Now, using Findlaw, identify two additional states' statutes drunk driving statutes and briefly paraphrase what each says. In addition, note any key differences (i.e. blood alcohol level limits, penalties for violations of the law) between the statutes you located through Findlaw. 

Be sure to include the proper Legal Bluebook citation for the state statutes.

Collins Fact PatternCollins Fact PatternThe basis of the Course ProjectUnderstand the factsEach paragraph list specific facts

that needs to be considered when doing case research for this project