U. S. Law and Legal Research Pat Court Starr Foundation Workshop October 8, 2007.

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Presentation transcript:

U. S. Law and Legal Research Pat Court Starr Foundation Workshop October 8, 2007

Excellent Overview “A Guide to the U. S. Federal Legal System: Web-based Public Accessible Sources” “A Guide to the U. S. Federal Legal System: Web-based Public Accessible Sources” By Gretchen Feltes, at NYU Law Library By Gretchen Feltes, at NYU Law Library United_States.htm

Three Branches of Government Legislative – Congress Legislative – Congress Judicial – Supreme Court, Circuit Courts of Appeal, District Courts (trials) Judicial – Supreme Court, Circuit Courts of Appeal, District Courts (trials) Executive – President, Agencies Executive – President, Agencies

U.S. Legislation U.S. Code is the subject compilation of all federal laws currently in effect, arranged by 50 titles (broad subjects) U.S. Code is the subject compilation of all federal laws currently in effect, arranged by 50 titles (broad subjects) Americans with Disabilities Act, 42 U.S.C. § 1201 et seq. (2000). Statutes at Large is the chronological compilation of Public Laws as they are enacted Statutes at Large is the chronological compilation of Public Laws as they are enacted Pub. L , 104 Stat. 327 (1990).

Official v. Unofficial Codes U.S. Code is the official code that comes from the U.S. government U.S. Code is the official code that comes from the U.S. government Most researchers actually work in the unofficial codes, which use the same numbering and add valuable extras (citations to cases, journals, history, etc.): Most researchers actually work in the unofficial codes, which use the same numbering and add valuable extras (citations to cases, journals, history, etc.): U.S. Code Annotated, from West U.S. Code Annotated, from West U.S. Code Service, from Lexis U.S. Code Service, from Lexis

Federal Courts Supreme Court – highest Official Reporter: US; Unofficial: SCt, LEd 2d Circuit Courts of Appeal – intermediate DC + Federal Federal Reporter: F3d District Courts – trials Federal Supplement: F. Supp. 2d

FEDERAL CIRCUIT COURTS

Circuit Court Citation in Federal Reporter Jirau-Bernal v. Agrait, 37 F.3d 1 (1 st Cir. 1994) Volume 37 of the Federal Reporter, third series. Case starts on page 1 Decided by First Circuit in 1994

Federal Circuits and District Courts

Free Web Sites for U.S. Cases Legal Information Institute at Cornell is the world leader in providing U.S., states, foreign and international cases, codes, regulations, and Wex legal encyclopedia Justia provides Internet users with free case law, codes, regulations, legal articles and legal blogs Supreme Court of the United States is the official web site for the US Supreme Court, but “unofficial” opinions

Cases from 50 States Regional Reporters Appellate cases from all states, divided in 7 regions: Atlantic, North East, North West, Pacific, South East, South West, and Southern Official Reports Some states publish their own cases

Regulations Code of Federal Regulations is the subject compilation of all federal regulations currently in effect, in 50 titles (broad subjects) Code of Federal Regulations is the subject compilation of all federal regulations currently in effect, in 50 titles (broad subjects) 16 C.F.R. § 444 (2006) 16 C.F.R. § 444 (2006) Federal Register is the daily announcement of proposed & final regulations Federal Register is the daily announcement of proposed & final regulations 60 Fed. Reg. 50,379 (Sept.29, 1995) 60 Fed. Reg. 50,379 (Sept.29, 1995)

Regulations and Agencies on the Web GPO Access is the government’s official web site for regulations, legislation, etc. Federal Agencies Directory from Louisiana State University

Fee Based Databases Westlaw Westlaw Lexis Lexis PACER – Public Access to Court Electronic Records PACER – Public Access to Court Electronic Records

Westlaw A leading legal information service, providing laws, cases, regulations, articles, news, corporate information, and more A leading legal information service, providing laws, cases, regulations, articles, news, corporate information, and more Integrates information requested with related documents Integrates information requested with related documents Expensive for law firms, low rates for law schools, and priced by the piece for the public Expensive for law firms, low rates for law schools, and priced by the piece for the public

Lexis A leading legal information service, providing laws, cases, regulations, articles, news, corporate information, and more A leading legal information service, providing laws, cases, regulations, articles, news, corporate information, and more Integrates information requested with related documents Integrates information requested with related documents Expensive for law firms, low rates for law schools, and priced by the piece for the public Expensive for law firms, low rates for law schools, and priced by the piece for the public

P A C E R Public Access to Court Electronic Records Public Access to Court Electronic Records Dockets, transcripts, complaints, motions, and more for federal courts Dockets, transcripts, complaints, motions, and more for federal courts 8 cents per page 8 cents per page

U.S. Law Online The web has made it possible for governments, universities, courts, and private companies to put user-friendly law on the web, for free. The web has made it possible for governments, universities, courts, and private companies to put user-friendly law on the web, for free. The most extensive databases and most sophisticated searching are still from companies that charge for their services, such as Westlaw and Lexis. The most extensive databases and most sophisticated searching are still from companies that charge for their services, such as Westlaw and Lexis.

This presentation is available on the Starr Workshop web page at WeAre/Partners/Starr/Presentations.cfm WeAre/Partners/Starr/Presentations.cfm WeAre/Partners/Starr/Presentations.cfm