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Introduction to Legal Research Slides
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LEGAL RESEARCH I FALL 2010
Professor Graves KrishnaswamiSeminars C & D
Wednesdays & Thursdays 9:55 am
Cornell Seminar Room
Introduction to Legal Research
Fifth Hour Legal Research Program Fall 2013
First Year as a Lawyer
Legal Research (45%)Other Work
Process of Legal Research Look at fact pattern and formulate an initial issue statement.
Issue statement = terms 5Ws Plus Who / What / Where / When / Why TAPP = Things / Actions / People / Places Jurisdiction/procedural posture/relief sought/legal theory
applicable
Familiarize yourself w/area of law If unfamiliar with the law, usually start with secondary sources
Locate, read and analyze primary authority, cases, statutes, administrative regulations
Update primary authority to make sure still “good” law Use a citator (Shepards, Keycite)
Revise as necessary, and find additional primary or secondary authority Depends on what you find initially Constantly evolving process as you sort through issues
Know when to stop (detailed notes will help you).
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Why Start with Secondary Sources?
Gateway to primary authority
HOW DO THE TYPES OF SECONDARY SOURCES DIFFER FROM EACH
OTHER? Specificity of coverage
Depth of coverage
Which secondary source you choose determined by stage of research you’re at as well as what you’re looking for from the materials
You will usually need to look at several secondary sources to determine what law applies to your research plan
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One Good Case Research Method- Use the Headnotes- Use the cases and other authority cited by the court
(Table of Authorities) - Use the Citator (Shepards / Westlaw / Bcite) to find
additional authorities. - Use the terms and words to build additional searches
One Good Statute Research Method- Use the Annotations
HeadnotesCasesSecondary Sources
- Use the Table of Contents Read other statutes in the statutory scheme
Start Your Research: Use What You Know
Issue statement
Words Secondary Sources:DatabasesIndexTable of Contents
Statue Annotations Secondary SourcesCasesRegulations
CaseHeadnotes Citing ReferencesCitatorsTable of Authorities
Secondary SourcesCrafting ArgumentsResearch elements issues
Good Law? Use a Citator 1. Citator = Shepards (Lexis) / Keycite (Westlaw) / Bcite
(BloombergLaw)
2. “it lists authorities that cite an authority that you have already found. Using citators is the most technical task -- and one of the most important -- in legal research.” Kuntz, Process of Legal Research(emphasis added).
3. a citator will indicate how “citing” cases viewed or used your “cited” case. 2 Part Analysis of your case:
1. Subsequent History / Direct History of the case in hand (cited case): what happened to your case as it progressed- Judgment Affirmed, Remanded, Pending
2. Treatment of the case in other courts: what did other courts say about your case- Distinguished, Overruled, Criticized, Cited, Mentioned,
Followed- Pay attention to jurisdiction of other court and issue
(headnote).
4. Using Citing Reference to locate additional authority.
Publication of the Law
Type of Law Chronological Arrangement
Topical Arrangement
Case Reporter Official Unofficial
Digest Headnotes
Statute US Statutes at Large Codes Titles = Subjects Official (USC) Unofficial (USCA, USCS) Annotations
Regulation Register, Federal Register
Code, Code of Federal Regulations
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• When they resolve issues of law.
• Trial cases usually revolve around facts, and are therefore rarely published.
• Intermediate cases are published selectively, given that many are routine and only of interest to parties.
• Final Appellate Cases are almost always published, as they deal with important legal issues.
• Unpublished cases are available on Lexis and Westlaw.
PUBLICATION OF CASE LAW
Publication of Federal Case Law
Court Official Unofficial
U.S. Supreme Court
United States Reports =U.S.
1.) Supreme Court Reporter (West)= S. Ct. 2) Lawyers’ Edition (Lexis) = L. Ed., L. Ed. 2d
U.S. Courts of Appeal
N/A 1) Federal Reporter (West) = F., F. 2d, F. 3d
U.S. District Courts
N/A 1) Federal Supplement (West) = F. Supp., F. Supp. 2d
case law
Appellate and District Court Opinions
Federal Reporter _ F. _
_ F.2d _
_ F.3d _
Federal Supplement _ F. Supp. _
_ F. Supp. 2d _
Unpublished Cases Federal Appendix
_ Fed. Appx. _
Available on Westlaw and Lexis: 2001 WL 1602030
2001 U.S. App. LEXIS 26786
Evaluating Sources: Subtle Distinctions
1. Precedential v. Non-Precedential / published v. non-published:- Non-published/reported opinions are available in research databases- Non-published/reported opinions are available in the Federal
Appendix (unofficial reporter reporting federal cases)- FRCP 32.1 and local rules: different legal systems permit different
legal authority.- Remember, a high court decision is virtually always better than on-
point intermediate or trial court decision that’s unpublished (even if more factually on point – but you can still use the case for research).
2. Positive law v. Prima Facie Law- Use reputable official and unofficial codes and websites- Read use the SOURCE
3. Professor v. Student Law Reviews- Animal Farm Principle: all secondary authority is persuasive but
some is more persuasive than others (e.g. Restatements, ALRs)- Indicators of authority: author’s experience/education (not format).
Learn MoreMorris Cohen, Legal Research in a Nutshell (10th ed. West 2010). The Nutshell is available on course reserve in the law library and on L5 at call number: KF240 .C54 2010. http://morris.law.yale.edu/record=b1036421~S1. Mark K. Osbeck, Impeccable Research: A Concise Guide to Mastering Legal Research Skills. This text is available on course reserve in the law library. http://morris.law.yale.edu/record=b1035252~S1.
Research Guides, http://library.law.yale.edu/research-guides.
Online Tutorials, http://library.law.yale.edu/research/online-tutorials.