1. American Law and Legal Research Class Two May 12, 2011 Jennifer Allison, Research Services Librarian Pepperdine Law School Library © 2011 Jennifer Allison

2. Review Legal English – Black’s Law Dictionary Defining “terms of art”: General Legal Principles Legal Texts Interpretive Judicial Opinions Judges make law, so law students read cases. © 2011 Jennifer Allison

3. Today’s Class Overview of the legal education system in the United States Reading and analyzing cases Using citations to find cases © 2011 Jennifer Allison

4. Legal Education Legal Education in the United States Mr. Johnson, what was the rule in Smith v. Jones, and why did the court rule for the plaintiff? © 2011 Jennifer Allison

5. Legal Education Legal Education in the United States Graduate-level education program, completed after finishing a four-year bachelor’s degree. After three years of law school, a law student graduates with a Juris Doctor degree. A law school graduate must pass a state bar exam and a professional responsibility exam to practice as an attorney. © 2011 Jennifer Allison

6. Legal Education Legal Education in the United States Law students are generally divided into two groups: First-Year Students (1L’s) Upper-Division Students (2L’s and 3L’s) © 2011 Jennifer Allison

7. Legal Education Legal Education in the United States Required Courses for First-Year Law Students Torts Civil Procedure Criminal Law Property Contracts Legal Research &Writing © 2011 Jennifer Allison

8. Legal Education Legal Education in the United States Required Courses for Upper Division Law Students Constitutional Law Evidence Criminal Procedure Federal Income Tax Remedies Corporations Wills, Trusts, & Estates Professional Responsibility © 2011 Jennifer Allison

9. Legal Education Let’s take a closer look at some of these areas of the law… © 2011 Jennifer Allison

10. Legal Education “Torts” is the law that allows people to recover damages for injuries caused by the negligent and deliberate acts of others. © 2011 Jennifer Allison

11. Legal Education “Property” is the law that governs how property is acquired, owned, and sold. © 2011 Jennifer Allison

12. Legal Education “Evidence” is the law of what items and information may be offered as proof in civil and criminal trials. © 2011 Jennifer Allison

13. Legal Education “Wills, Trusts, and Estates” is the law that allows people to leave property to others after they die. © 2011 Jennifer Allison

14. Legal Education “Remedies” defines methods of compensation for the winner of a civil trial, including money damages and injunctions. © 2011 Jennifer Allison

15. Legal Education “Professional Responsibility” teaches the ethics rules that lawyers and judges must follow when they practice law. © 2011 Jennifer Allison

16. Legal Education Now, let’s take a look at how law school works. © 2011 Jennifer Allison

17. Legal Education You will register for 3 to 5 classes, and each class will meet at least once a week. For most classes, you will buy one or more required books. You will be expected to read one or more assigned cases before each lecture. © 2011 Jennifer Allison

18. Legal Education Attendance at class lectures is mandatory. During the lecture, the professor will ask questions about the reading, and call on students to answer. In general, you will take one exam or write one paper for each class. © 2011 Jennifer Allison

19. Legal Education Types of questions professors ask students during the lecture: What were the facts of the case? What was the legal issue? What was the rule established by the court? How did the court analyze the facts and the law in the case? What was the holding in the case? © 2011 Jennifer Allison

20. Legal Education Types of questions professors ask students during the lecture: What were the facts of the case? What was the legal issue? What was the rule established by the court? How did the court analyze the facts and the law in the case? What was the holding in the case? © 2011 Jennifer Allison

21. Legal Education This method of learning might seem strange to you… U.S. law students have been learning the law by reading and analyzing cases this way, and answering questions like this, for over 100 years. This is just how it’s done. © 2011 Jennifer Allison

22. Reading and Analyzing Cases Therefore, we are going to learn how to read and analyze cases in this way, and practice answering these types of questions about the cases. This will help you learn about the American legal system. It will also prepare you for studying law in the United States. © 2011 Jennifer Allison

23. Reading and Analyzing Cases Before we start, you should know two things about cases in casebooks… © 2011 Jennifer Allison

24. Reading and Analyzing Cases Torts Contracts Criminal Law Property Evidence In casebooks, each case has been shortened to include only the most important information. © 2011 Jennifer Allison

25. Reading and Analyzing Cases Casebooks generally include appellate court opinions. This means that the trial has already happened, and the loser at trial appealed to a higher court. Therefore, most cases in casebooks include some explanation of the case’s prior legal proceedings. © 2011 Jennifer Allison

26. Reading and Analyzing Cases For today, you have read two tort law cases: NEGLIGENCE: Cohen v. Petty DEFAMATION: New York Times Co. v. Sullivan We will use these to learn and practice the American method of case analysis. © 2011 Jennifer Allison

27. Reading and Analyzing Cases Case analysis is a five-step process… © 2011 Jennifer Allison

28. Reading and Analyzing Cases Facts Issue Rule Analysis Holding © 2011 Jennifer Allison

29. Reading and Analyzing Cases Finding and writing down information in each of these five categories is often called “briefing a case.” © 2011 Jennifer Allison

30. Reading and Analyzing Cases We will brief every case we read from now on. You will also be asked to read and brief a case for the final exam in this class. © 2011 Jennifer Allison

31. Reading and Analyzing Cases Facts This is what happened in the case. Who are the people? What did they do, and what happened as a result? Why are they having this conflict? How do they want the conflict to be resolved? What happened in any previous legal proceedings? © 2011 Jennifer Allison

32. Reading and Analyzing Cases Issue This is a one-sentence explanation of the conflict that the court must resolve. It is always in the form of a question. Was the defendant negligent? © 2011 Jennifer Allison

33. Reading and Analyzing Cases Rule This is the legal rule that the court will use to decide the case. “It is undoubtedly the law that one who is suddenly stricken by an illness, which he had no reason to anticipate, while driving an automobile, which renders it impossible for him to control the car, is not chargeable with negligence.” © 2011 Jennifer Allison

34. Reading and Analyzing Cases Analysis This shows how the court analyzed the facts, based on the stated rule. “In the present case, the evidence shows that the defendant did not know and had no reason to think that he would become ill. Therefore, the defendant was not negligent in causing the car accident in which the plaintiff was injured.” © 2011 Jennifer Allison

35. Reading and Analyzing Cases Holding This says who won the case. Judgment for the defendant. © 2011 Jennifer Allison

36. Reading and Analyzing Cases So now we’re ready to brief the case. One good way to do this is to create a chart, like this… © 2011 Jennifer Allison

37. Reading and Analyzing Cases Case: Cohen v. Petty, 65 F.2d 820 (D.C. Ct. App. 1933). FactsDefendant was injured when riding as a passenger in plaintiff’s car. Defendant fainted while driving, causing the car to crash. Defendant was in good health and had never fainted before. Plaintiff sued defendant for negligence, seeking damages for her injuries. The trial judge issued a directed verdict for the defendant, and the plaintiff appealed. IssueWas defendant negligent? RuleWhen one who is suddenly stricken by an illness, which he had no reason to anticipate, while driving an automobile, which renders it impossible for him to control the car, he is not chargeable with negligence. AnalysisSince the evidence showed that the defendant did not know, and had no reason to think, that he would become ill, the defendant was not negligent in causing the car accident in which the plaintiff was injured. HoldingJudgment for the defendant affirmed. © 2011 Jennifer Allison

38. Reading and Analyzing Cases Any questions so far? Let’s take a break, and then we’ll look at our next case, which is a bit more difficult… © 2011 Jennifer Allison

39. Reading and Analyzing Cases The next case that we will analyze involves the United States’ most famous newspaper, the New York Times. It is a tort case about defamation. © 2011 Jennifer Allison

40. Reading and Analyzing Cases Looking this up this key term in Black’s Law Dictionary will help us find the rule later… © 2011 Jennifer Allison

41. Reading and Analyzing Cases Rule for defamation: If the alleged defamation involves a matter of public concern, the plaintiff is constitutionally required to prove: 1.The statement’s falsity, AND 2.The defendant’s fault. © 2011 Jennifer Allison

42. Reading and Analyzing Cases Rule for defamation: If the alleged defamation involves a matter of public concern, the plaintiff is constitutionally required to prove: 1.The statement’s falsity, AND 2.The defendant’s fault. © 2011 Jennifer Allison

43. Reading and Analyzing Cases You have already read the case. Does that rule sound familiar to you? © 2011 Jennifer Allison

44. Reading and Analyzing Cases The rule from New York Times Co. v. Sullivan: A public official may not recover damages from a defamatory falsehood related to his official conduct unless he proves that the statement was made with “actual malice” – that is, with knowledge that it was false or with reckless disregard of whether it was false or not. © 2011 Jennifer Allison

45. Reading and Analyzing Cases The rule from New York Times Co. v. Sullivan: A public official may not recover damages from a defamatory falsehood related to his official conduct unless he proves that the statement was made with “actual malice” – that is, with knowledge that it was false or with reckless disregard of whether it was false or not. © 2011 Jennifer Allison

46. Reading and Analyzing Cases © 2011 Jennifer Allison

47. Reading and Analyzing Cases Facts Issue Rule Analysis Holding © 2011 Jennifer Allison

48. Reading and Analyzing Cases Case: New York Times Co. v. Sullivan, 376 U.S. 254 (1964). FactsWho are the parties? What happened to create the conflict, and how do the parties want the conflict to be resolved? What happened in any lower court proceedings? IssueOne-sentence statement of the conflict, in the form of a question. RuleA public official may not recover damages from a defamatory falsehood related to his official conduct unless he proves that the statement was made with “actual malice” – that is, with knowledge that it was false or with reckless disregard of whether it was false or not. AnalysisThe court’s analysis of the facts, based on the legal rule. HoldingWhat was the outcome? Who won and why? © 2011 Jennifer Allison

49. Reading and Analyzing Cases Now it’s your turn… Work in teams of two or three to fill in the rest of the chart for this case. © 2011 Jennifer Allison

50. Reading and Analyzing Cases Case: New York Times Co. v. Sullivan, 376 U.S. 254 (1964). Facts Issue RuleA public official may not recover damages from a defamatory falsehood related to his official conduct unless he proves that the statement was made with “actual malice” – that is, with knowledge that it was false or with reckless disregard of whether it was false or not. Analysis Holding © 2011 Jennifer Allison

51. Reading and Analyzing Cases Case: New York Times Co. v. Sullivan, 376 U.S. 254 (1964). FactsGovernment official sued the New York Times for libel. He claimed that he was injured by an advertisement stating that police department he supervised committed misconduct against civil rights protestors. Defendant won at trial because Alabama law states that such statements are “libelous per se.” IssueDoes Alabama’s “libel per se” rule violate the First Amendment? RuleA public official may not recover damages from a defamatory falsehood related to his official conduct unless he proves that the statement was made with “actual malice” – that is, with knowledge that it was false or with reckless disregard of whether it was false or not. AnalysisThe First Amendment requires that a plaintiff who is a public official prove that the defendant acted with “actual malice” in an action for libel for a statement related to the plaintiff’s official public conduct. Because Alabama’s “libel per se” rule lacks this requirement, it is unconstitutional. HoldingJudgment of the Alabama Supreme Court reversed, case remanded. © 2011 Jennifer Allison

52. Reading and Analyzing Cases Any questions? Now, let’s look now at how American cases are cited. Understanding this will make it easier to find cases in Westlaw. © 2011 Jennifer Allison

53. Using Citations to Find Cases The casebook version of both of today’s cases included a series of letters and numbers at the beginning of the case. New York Times Co. v. Sullivan Supreme Court of the United States, 1964 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686 © 2011 Jennifer Allison

54. Using Citations to Find Cases Each set of letters and numbers is a case citation. A case citation helps you locate the case in a book or an electronic database. © 2011 Jennifer Allison

55. Using Citations to Find Cases Both the government and private legal publishers publish judicial opinions in books called case reporters. © 2011 Jennifer Allison

56. Using Citations to Find Cases The United States Reports is the government-published, “official” case reporter for cases of the United States Supreme Court. It is abbreviated as “U.S.” in a legal case citation. © 2011 Jennifer Allison

57. Using Citations to Find Cases There are also “unofficial” case law reporters that are published and sold by legal publishing companies. Thomson Reuters owns West, a legal publishing company that publishes law books. It also created and maintains the Westlaw electronic legal database. West’s Supreme Court Reporter is one of two “unofficial” reporters of U.S. Supreme Court case law. © 2011 Jennifer Allison

58. Using Citations to Find Cases There are also “unofficial” case law reporters that are published and sold by legal publishing companies. LexisNexis is another legal publishing company. In addition to publishing law books for many jurisdictions around the world, it also created and maintains the LexisNexis electronic legal database. LexisNexis’s United States Supreme Court Reports: Lawyers’ Edition is the other “unofficial” reporter of U.S. Supreme Court case law. © 2011 Jennifer Allison

59. Using Citations to Find Cases The official reporter cite for New York Times Co. v. Sullivan is: 376 U.S. 254 This means that this case can be found in volume 376 of the United States Reports, beginning on page 254. © 2011 Jennifer Allison

60. Using Citations to Find Cases The Supreme Court Reporter cite for New York Times Co. v. Sullivan is: 84 S.Ct. 710 This means that this case can be found in volume 84 of the Supreme Court Reporter, beginning on page 710. © 2011 Jennifer Allison

61. Using Citations to Find Cases U.S. Reports S.C. Reporter Both reporters have a summary of the case, and the full text of the opinion. However, the S.C. Reporter also has a descriptive list of legal rules and concepts discussed in the case. © 2011 Jennifer Allison

62. Using Citations to Find Cases All West case law reporters, including the Supreme Court Reporter, provide a list of the legal topics discussed in the case prior to the text of the opinion itself. These are called headnotes, and they are organized by topic, using West’s Key Number System. Headnotes with key numbers are shown in West case law reporters, and in cases downloaded from Westlaw. © 2011 Jennifer Allison

63. Using Citations to Find Cases Let’s see how to retrieve a case from Westlaw if you have its legal citation. © 2011 Jennifer Allison

64. Using Citations to Find Cases If you have a citation, type it in this box, and click Go. © 2011 Jennifer Allison

65. Using Citations to Find Cases © 2011 Jennifer Allison

66. Assignment for Next Class Part I Read the following: Constitutional Analysis in a Nutshell, chapter 1 (1-52) An Introduction to the Legal System of the United States: Chapter 6 (61-71) Chapter 8 (83-89) © 2011 Jennifer Allison

67. Assignment for Next Class Part II Use Westlaw to access and read these cases: 1.New York Times Co. v. Sullivan, 376 U.S. 254 (1964). 2.Brown v. Board of Education, 347 U.S. 483 (1954). For both of these cases, read the introductory material and the headnotes. For New York Times, only read Justice Brennan’s majority opinion – do NOT read the concurring opinions by Justice Black and Justice Goldberg. © 2011 Jennifer Allison