PA 201: Introduction to Legal Research Instructor: Janice Merilus, Esq. Seminar: 8 PM Office Hours: Thursdays 8-10 PM

Course Outcomes As a result of completing this course, you should be able to: ▫PA201-1 Identify the components of a case ▫PA201-2 Brief cases ▫PA201-3 Cite applicable sources using the Legal Bluebook ▫PA201-4 Verify that legal sources are accurate and up-to- date PA201-5 Develop a legal research plan ▫GEL-1.1: Demonstrate college-level communication through the composition of original materials in Standard American English ▫GEL-6.5 Use electronic libraries and databases for research purposes

Housekeeping-- Remember: Rules for Seminar: 1) If I type “Break” everyone quit typing, Ok? Type “OK” if you get this one. 2) When asking questions, please RAISE YOUR HAND (type//). Otherwise you might interrupt a stream of dialogue. 3) Please DO NOT start side conversations 4) Please DO NOT interject “I agree” or “Good Point” as this clutters seminars. We assume you agree and think the point is good!

Housekeeping-- Remember: 5) Don’t worry about typos, be as clear as you can and refrain from using slang – use proper language 6) Be respectful of others on the DB and in seminar (and any other way you choose to communicate with your colleagues).

Discussion Board Students should aim to post at least 4 to 5 messages of substance to the Discussion Board each week, in order to get a solid understanding of the materials and a good score. It is strongly suggested that you post at least once before, during and after the weekend. Aim to post on at least THREE different days Main categories on the DB rubric are as follows: Timeliness and frequency; breadth and depth of responses; clarity and organization; and grammar and mechanics.

Discussion Boards Make your posts count – only substantive posts get credit (“I agree” does not equal one post) Practice netiquette Keep the board active – it is a great learning tool when there is a lot of participation I read everything and post frequently – if I do not respond to a post you think I should have then me (I may have just missed it)

Review of Kaplan Services Writing Center Tutors Academic Advisors (Instructor Concerns) Instructor ( , Ask the Prof, Office Hours, Seminar) Career Resources If you need help – reach out! Our goals are the same – your success!

Outreach Policy If you are struggling and your grade shows it – I will try to reach out to you! I hope you will be receptive and feel free to reach out to me first. If you have less than a 60% in the course, the outreach procedure is: ▫ ▫Instructor Concern ▫Phone Calls (Please make sure your phone number is correct or me with the best choice)

Instructor Contact Information ▫If you me – make sure I respond within 24 hours! (If it needs a response) ▫If you submit an assignment via – make sure you get a response, if not AGAIN! Office Hours ▫Thursdays from 8 to 10 PM EST ▫AOL Instant Messenger – InstrJMerilus Ask the Prof

Grading Policy Do your own work! “Turnitin” Assignments will be graded and returned within five days of submission Use the Dropbox for any written assignments Submit alternative assignments (see next slide) for make-up work via , but make sure I respond that I received it! Use Microsoft Word (if you do not have Word then save as a rtf file) If you miss an assignment, you will have a “0” in the gradebook until it is submitted and graded (even if you have been granted an extension, etc.)

Alternative Assignments If you miss a seminar or discussion board, you can make up those missed points by submitting an alternative assignment: ▫Seminar: Review the missed seminar in the archives and then write a one-page paper reviewing the topics covered in Seminar (main purpose is to make sure you listened) ▫Discussion Board: If you miss or get a low grade, submit a one-page paper (1) answering all questions asked on the board and (2) reflecting on the discussion of your classmates ▫Submit it via as an attachment, double space, and confirm that I received it ▫Submit within five days of missed item

Questions Does anyone have any questions on the syllabus or class in general?

Unit 1

Checklist Review the unit introduction and key terms Read Chapter 1 of Basic Legal Research Tools and Strategies Read about primary and secondary sources Learn about the Bluebook: A Uniform System of Citation Participate on the Discussion Board Attend and participate in this week’s Seminar Complete and submit the Written Assignment Familiarize yourself with the Course Project Review the unit’s key terms Prepare for the quiz by completing the practice exercise Take the Unit 1 Quiz

Written Assignment Part 1: ▫Locate your home state’s government website and provide:  A link to your state’s constitution  A link that provides court opinions for your home state  A link that provides statutory compilations for your state ▫Use complete sentences and include the state (The Kentucky State Constitution can be located at the following website) Part 2: ▫Locate another state government’s website and provide the same Explain which state’s site you found more user friendly

Course Project Review Collins fact pattern Develop research plan ▫Review to course site and we will go over the specifics of the assignment

Stare Decisis Primary Authority Secondary Authority Bluebook

Stare Decisis The doctrine that, when a court has once laid down a principle of law applicable to a certain set of facts, it will adhere to that principle and apply it to future cases where the facts are substantially the same. This is a defining characteristic of the common law system followed in the U.S., Great Britain, and a few other nations.

Primary Authority Constitutions, codes, statutes, ordinances, and case law sources.

Secondary Authority Legal encyclopedias, treatises, legal texts, law review articles, and citators; writings which set forth the opinion of the writer as to the law.

Bluebook Commonly-used name for 'A Uniform System of Citation', a guide on how to cite legal materials.

Chapter 1

Legal Research – Why & How? Role of legal professionals ▫Solve problems and give advice ▫You must know the rules applicable to the situation Understand different sources of legal rules ▫What are they? ▫Where do they originate from? Process of Legal Research ▫Tools ▫Citation

Introduction to Legal System Sources of Law (state and federal) ▫Constitutions ▫Statutes ▫Court opinions (cases) ▫Administrative regulations

Constitution Establishes system of government Defines boundaries of authority granted to government US Constitution = supreme law of the land State constitutions can grant GREATER rights, but not less

American Government Structure: Quick Review 3 Branches of Government (exist at both federal and state) ▫Legislative – makes the law  Congress - statutes ▫Executive – enforces the law  President (Governor) and Cabinet – regulations/administrative law ▫Judicial – interprets the law  Courts – cases/court opinions  Common law rules

[Untitled image of three branches of United States government]. Retrieved 3/13/2009 from ov/lec_notes_00.htm

Primary Sources Secondary Sources

Primary Authority Rules of Law ▫Constitutional provisions ▫Statutes ▫Court opinions ▫Administrative regulations

Secondary Authority Commentary on the Law ▫Law review articles ▫Treatises ▫American Law Reports ▫American Jurisprudence

Mandatory v. Persuasive

Mandatory (Binding) Authority Authority a court is obligated to follow Rules you MUST apply to determine the correct answer to the issue you are researching Examples

Persuasive (Nonbinding) Authority Authority a court may follow if it is persuaded to do so, but is not required to follow It may help you figure out the answer, but it will not dictate it

Weight of Authority All authority is NOT created equal It depends… ▫Primary or secondary authority? ▫Some primary authority is mandatory and others persuasive ▫Secondary authority is ALWAYS persuasive ▫You have to be able to distinguish between them to determine how much weight a particular legal authority has in the resolution of issue you are researching

Figuring it out… Secondary Sources – always persuasive, but examine source Primary authority – ▫Jurisdiction Determining the weight of court opinions ▫See next slide (federal courts)

Taken from online/apgov/module4/les mod4/4_15.htm

The Thirteen Federal Judicial Circuits

Regional Reporters (State Cases)

Legal Studies Kaplan University

When to Cite? When you rely on and use legal sources and legal authorities in your own work, The Bluebook provides a systematic citation form to “cite” those references.

How to Cite? The order of the citation is important because each part identifies something in the reference that can lead the reader to the original source as you found it. Each legal source has its own particular order to follow and specific information that must be included in the cite.

How to Cite Cases? A general case citation is as follows: Tom Reed Gold Mines Co. v. United E. Mining Co., 39 Ariz. 533 (1932). Always underline or italicize case names: ▫Smith Corp. v. Doe Inc. or Smith Corp. v. Doe Inc. The “v.” is lowercase, is followed by a period, and is not “vs.”: Follow case names by a comma, which is not underlined or italicized: ▫Arizona v. Fulminante,

How to Cite Cases? Do not include parties' first names, unless they are the name of a corporation: ▫Baker v. John Smith Inc., If there is more than one plaintiff or defendant, use only the first party on each side. Do not abbreviate United States in a case name: ▫United States v. Michigan, Some words may be abbreviated, but do not abbreviate them if they are the first word of a party. Refer to the appendices in the Bluebook for common abbreviations.

How to Cite Federal Cases? U.S. Supreme Court: ▫Smith & Jones, Inc. v. Couch, 401 U.S. 313 (1985). U.S. Circuit Courts of Appeal: Cite to F., F.2d, or F.3d. Note no space between the F. and the number. Include the circuit in the cite: ▫Davis v. Everett, 102 F.2d 24 (9th Cir. 1954). U.S. District Courts: Cite to F. Supp. Note the space between the F. and the Supp. Include the district in the cite: ▫Flanders v. Glissandi, 913 F. Supp. 885 (C.D. Cal. 1996).

How to Cite State Cases? Cite to the regional reporter. Include the court in the cite: ▫Hoyt, Inc. v. Irving-Johnson Corp., 425 P.2d 976 (Cal. App. 1976). Kearney v. Lovejoy, 777 P.2d 1024 (Cal. 1993).

U.S. Supreme Court Citation Elements: Parties volume-reporter-page (year of decision [NEVER the court!]) Baker v. Carr, 369 U.S. 186 (1962)

How to Cite Cases Available Only in Lexis? Vaughn v. Wilson, No , 1995 U.S. Sup. Ct. LEXIS 3255, at *16 (1995).

How to Cite Quotations? Always give the exact page of a quote (i.e. pinpoint cite), even when paraphrasing: ▫"The Fourth Amendment protects people, not places." Katz v. United States, 375 U.S. 76, 82 (1965).

How to Cite Statutes? Federal Statutes: Cite to U.S.C. or U.S.C.A. ▫12 U.S.C. § 1986 (West 1996). ▫12 U.S.C.A. § 1986 (1996). State Statutes: The form varies by state. ▫Cal. Pen. Code § 187 (West 1989). ▫Neb. Stat. Ann. § (b) (West 1990). ▫ A.R.S. § (2005).

How to Cite Constitutions? Federal: ▫U.S. Const. amend. XX ▫U.S. Const. art. I, § 2, cl. 3 State: ▫Cal. Const. art. XIV

How to Cite Secondary Sources? Books: John Knight, A Jury of Twelve, 225 (1st. ed. 2001). Periodicals: Mary A. Jones, The Best of Trial Briefs, 28 Neb. L. Rev. 102 (2006). Encyclopedias: 16 C.J.S. Evidence § 12 (1996). Dictionaries: Black's Law Dictionary, 826 (7th ed. 1998). Annotations: Tom McCannon, Annotation, Searches and Warrants, 79 A.L.R.2d 1257 (1995).

How to Cite Court Rules? Federal: ▫Fed. R. Civ. P. 12 (b)(6). ▫Fed. R. Crim. P. 7(b). State: ▫Haw. Fam. Ct. R ▫N.J. Ct. R. 3:8-3.

How to Cite Electronic Sources? American Bar Association. Section on Legal Education and Admissions to the Bar. Legal Education and Bar Admission Statistics, 1963 – 2005, available at (last visited Oct. 18, 2006).

Miscellaneous Points When a cite is in the middle of a sentence, follow it with a comma. ▫In Yon v. Sambaed, 421 U.S. 119 (1992), the Supreme Court held that... When a cite is at the end of a sentence, follow it with a period. ▫This decision was overruled in Ankeny v. Burnside, 102 F.2d 65 (3d Cir. 1942).

Miscellaneous Points To delete one or more words within a quote, use ellipses. At the end of a sentence, follow the ellipses by a period. ▫"The time has come... to talk of many things." Lewis Caroll, Alice in Wonderland 56 (1872). Never start a sentence with ellipses. If you start a quote in the middle of a sentence, or if you substitute letters or words in a sentence, use brackets. ▫"[M]y troubles seemed so far away." Paul McCartney, Yesterday 2 (1966).

Miscellaneous Points When one authority is quoting from another, indicate it. ▫"Citations stink." Brennan v. Marshall, 102 F. Supp. 1234, 1236 (D. Mass. 1984) (quoting Scalia v. Thomas, 313 U.S. 653, 655 (1976)).

Miscellaneous Points When you have a string cite (several cases cited in a row) separate them with semicolons. Cite federal cases first, then state cases, and cite higher courts before lower ones. ▫Several courts have held that the sun rises in the east. Caruthers v. Druid, 414 U.S. 9 (1992); Major v. Minor, 2 F. Supp (S.D.N.Y. 1912); California v. Parker, 421 P.2d 198 (Cal. App. 1978).

What is “Updating”?  Remember, a statute or case is only good law if it has not been overruled, superseded, repealed, or otherwise invalidated.  Updating is the process of verifying that the statute or case is still good law.

In the Bad Old Days… Updating was done via books called “Shepards Citators” Today, you would simply use Westlaw or Lexis, and view the results on your computer screen.

For Further Information See The Bluebook, eighteenth edition as this is only a primer in formatting.

Please pose any questions you may have over the readings or any of the Assignments for this week. Questions?