© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition Chapter Four Finding the Law: Legal Research

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition Primary Sources Constitutions Statutes Case Law Ordinances

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition Secondary Sources Dictionaries Encyclopedias Form Books Periodicals Treatises Digests

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition Facts and Issues A factual situation must exist before a legal issue can be identified The facts come first The facts help define the legal issue The legal issue is ultimately decided by the court ( if the case does not settle) Law is applied to the facts

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition Factual Categories Relevant Facts Explanatory Facts Unnecessary Facts

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition How to Sort the Facts A fact is relevant if the fact pattern changes substantially when the fact is removed or changed A fact is explanatory if it simply helps the researcher what actually happened A fact is unnecessary if when removed it does not alter the fact pattern

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition What is Case Law? An opinion is a reported case written by a judge. Once a dispute has been presented to the Court, the judge writes an opinion explaining the reasoning of the Court

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition Federal Case Law United States Reports Supreme Court Reporter Lawyer’s Edition Federal Reports Federal Supplement Specialty Reporters

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition How to Read a Case Citation Miranda v. Arizona, case name 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966) official citation parallel citations year

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition State Case Law Official Reporters Regional Reporters Unofficial Reporters

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition What is Statutory Law? Federal Statutes are found in the U.S.C., U.S.C.S and the U.S.C.A. State Statutes are also found in annotated and unannotated format. Statutes, often referred to as Codes, are laws enacted by the legislature.