Basic Legal Research Maryville University Library Gail Keutzer.

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Presentation transcript:

Basic Legal Research Maryville University Library Gail Keutzer

Legal Publishing Primary Sources Actual form of the law Examples: United States Code Missouri Revised Statutes United States Reports Secondary Sources Lead to and/or explain primary sources Examples: Encyclopedias Law Reviews Annotated Codes

Legal Publishing Main publishers: Government (federal and state) West (main private publishers) Other (Lexis/Nexis, law schools, etc.)

Sources of Law 1.Constitution (supreme law) 2.Case Law (from courts) 3.Statutory Law (from legislature) 4.Regulatory Law (from agencies)

Case Law Cases are published in Reporters Examples: 1. US Reports (Supreme Court) 2. Federal Reporter (Appeals Courts) 3. Federal Supplement (District Courts) 4. Southwestern Reporter (State cases)

Case Law Cases are arranged and referred to by citations book date Katz v. United States 389 US name of case volume page

Case Law Parallel Citations: When the same case is reported in two different sources. Harriman v. Louisiana 476 U.S (U.S. Reports) 106 S. Ct (Supreme Court Reporter) 90 L. Ed. 366 (Lawyer’s Edition)

Case Law United States Reports Published by US Government Publishing cycle: slip opinions=>preliminary prints=>final

Case Law Southwestern Reporter Published by West Includes cases reported for geographic region Maryville has Missouri cases only

Case Law West’s Key Number System Assigns numbers to topics of law Used throughout reporter and digest system for cross referencing Designated by a key symbol

Case Law Ways to find cases Use citations (easiest) Use list of cases reported (in reporter) Use secondary sources –Digests (ex: West’s Missouri Digest) –Encyclopedias (ex: American Jurisprudence) –Other references (ex: treatises, law reviews, annotations and footnotes)

Case Law West’s Missouri Digest Indexes Missouri cases by topic Useful finding aids –Descriptive index volumes –Table of cases –Words and Phrases index –Pocket Parts –Supplementary pamphlet

Case Law Encyclopedias Corpus Juris Secundum (an alphabetical arrangement of some four hundred broad legal topics)Corpus Juris Secundum American Jurisprudence (includes state and federal laws arranged by broad topics)

Statutory Law Laws are published in codes Examples: United States Code Missouri Revised Statutes United States Code Annotated

Statutory Law United States Code Contains the laws of the United States arranged in titles and sections Publication cycle: slip laws=>Statutes at Large=>final U.S. CodeStatutes at Large Citation formats: – 22 USC 7101 (Code) –117 STAT (Statutes at Large) –P.L (Slip law)

Statutory Law United States Code Annotated West publication Arranged in titles and sections to correspond to United States Code Adds explanatory notes and references

Statutory Law Missouri Statutory Sources Revised Missouri Statutes (official)Revised Missouri Statutes Vernon’s Annotated Missouri Statutes (West) Missouri Session Laws (compiled each legislature)

Shepards Use to determine “good law” For given case or law, gives later cases or laws that have cited it Indicates how later references have treated the case (i.e. affirmed, dissented, etc.)