Secondary Sources

Legal Research, Analysis, and Writing - An Integrated Approach by Hames & Ekern Chapter Eight COMMON SECONDARY SOURCES  American Jurisprudence 2 nd  Corpus Juris Secundum  American Law Reports  A.L.R. Fed  Legal Treatises  Legal Periodicals and Law Reviews © 2000 by Prentice-Hall, Inc., Upper Saddle River, NJ 07458

GENERAL SECONDARY SOURCES (Not Calif. Specific)  American Jurisprudence 2 nd  Corpus Juris Secundum  American Law Reports  Legal Treatises/Practice books  Legal Periodicals and Law Reviews  Form Books: Am. Jur Forms of Pleading and Practice

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 Matthew Bender Practice Books Form Books – Bender Forms of Pleading and Practice – Bender Transaction Guide – West Forms

Miscellaneous Jury Instruction (Model or Pattern) Miscellaneous Treatises – Miller and Star (Real Estate) – Ballentine’s (Corporate) – Hanna Workers Comp

Using Secondary Material Finding tools—help you find primary law – NEVER a substitute for primary law – Generally not cited (exceptions for certain well known and respected print sources) – Never cited in lieu of primary law—only as additional reference – NEVER cite to a source such as Wikipedia

What’s Online Everything—if you have Westlaw or Lexis Free Internet—More limited because of copyright – Concerns: Reliability and Dates – Starting Place: Google or Bing

Let’s Try a Search Dram Shop Rule – Google or Bing Wikipedia Findlaw Advertisements

Encyclopedias on the Net Wikipedia— Never Cite, never rely on what it says—but use for citations to primary law Read “About Wikipedia” – Example: Search and Seizure No-knock warrant

Cont. Zimmerman’s – Legal Information Institute—Cornell Wex Legal Encyclopedia

Cont. Sample Jury Instructions – – fb2a1e37ff882564ce0065f522?OpenDocument fb2a1e37ff882564ce0065f522?OpenDocument – (9 th Circuit) – es/9004/Library/2012%20Updated%20FCBA%20Mode l%20Patent%20Jury%20Instructions.pdf es/9004/Library/2012%20Updated%20FCBA%20Mode l%20Patent%20Jury%20Instructions.pdf – (Patent) – Google: Pattern (or model) jury instructions

Law Reviews/Periodicals on the Net – Ebsco Host—now fee based Ebsco Host—now fee based – Public Library! Public Library! – Guide to Law Online—U.S. Federal—Legal Guide to Law Reviews online Google Scholar

Lexis Academic Let’s Sign In – Law Reviews Explore Patent Searching Legal Reference – Am. Jur.

Research 1.Can a couple pay a pregnant woman $10,000 in consideration for her giving up the child for adoption? 2.Do a decedent's siblings have a cause of action for intentional infliction of emotional distress where a radio personality and his guest made remarks during a broadcast about the cremated remains of a decedent, which the guest had brought to the studio. 3. Are laws making adultery a crime unconstitutional 4. Summarize the subject of 7 Am Jur 2d Attorneys at Law § 267

Answers

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