1. Introduction to Legal Authority

2. Legal Research Requirements
Understand how the legal system works
Learn the tools available for legal research and when to use them both PRINT and ONLINE.
Know how to cite them effectively so others can find them.
Be able to explain this process to others!
We are going to look at all of these requirements to make you better legal researchers.

3. Typical Steps in Legal Research Problem Solving
First: Define the scope of the project
- Determine what you know regarding the subject
Your level of knowledge regarding the legal issues
involved will affect which sources you will use to Research.
Second: Generate search terms
- Construct a list of relevant words, phrases & concepts that explain the issues involved. These terms allow you to:
Formulate the legal issues and save time searching
To search for in an Index or Table of Contents
To use in a keyword search

4. Third: Decide which research tools to use within the three categories of authority.
Goal is to find primary-mandatory authority;
Also to find secondary-persuasive authority
for persuasive argument to support position;
- To find Arguable primary-persuasive authority.
Do You Understand How To Do These Steps and What Types of Authority You Are Looking For?

5. First, …………
“Understand how the legal system works”

6. The Legal System: An Overview6

7. Key Concepts Federalism - Separation of powers - Sources of law
Types of legal authority
 Primary Authority (“the law”)
 Secondary Authority(Commentary about the law)
Precedent
Jurisdiction
- Hierarchy of legal authority
 Mandatory
 Persuasive
There are several key concepts you need to know to understand the system.

8. To research the Law ………. We need to know how the Legal System works
Sources of American Legal Authority
Four Sources of primary law.. Primary
What is primary law? 8

9. Four Sources of Primary Law
Constitutions
- Federal & State
Statutes
- Legislative Branch
Cases
- Judicial Branch
Regulations
- Executive Branch
Ro understand the fours sources of primary law , their function in the legal system , and their importance, we must first look at some of those key concepts. 9

10. The Constitution (Federalism)
The Constitution of the United States is the "supreme law of
the land.
- No laws may contradict any of the Constitution's principles and no governmental authority in the U.S. is exempt from complying with it.
The U.S. Constitution gives Congress to power to enact federal laws ("statutes") on certain subjects.
The Constitution specifically reserved to the states all powers not delegated to Congress.
it guarantees the freedom and rights of all U.S. citizens

11. The Constitution (Separation of Powers)
The U.S. Constitution gives Congress to power to enact federal laws ("statutes") on certain subjects
The U.S. Constitution Article II gives Executive Branch the power to enforce the federal laws ("statutes") on certain subjects.
The Constitution gives the federal courts have the sole authority to interpret the Constitution and to evaluate the federal constitutionality of federal or state laws.
it provides the basis for the U.S. government.

12. Our Legal System: Federal
US Constitution
Federal Government
3 Branches
Legislative
Enacts Laws
Executive
Enforces Laws
Judicial
Interprets Laws

13. Our Legal System: State
US Constitution
State Constitutions
3 Branches
State legislatures can pass laws on matters for which they share jurisdiction with Congress. According to the Constitution, all powers not delegated to Congress are reserved to the states. (State legislative action)
Legislative
Enacts Laws
Executive
Enforces Laws
Judicial
Interprets Laws

14. Sources of Authority The Constitution - Enact Laws - Enforce Laws
Legislative
Executive
Judicial
Laws/Statutes/Codes
Administrative
Rules & Regulations
Court
Opinions/Decisions/
Cases
- Enact Laws
- Enforce Laws
- Interpret Laws

15. LEGISLATIVE BRANCH - Enact Laws -
ROLE OF THE LEGISLATURE IN THE LAW-MAKING PROCESS
Constitution: Art. I § 1, “All legislative Powers herein granted shall be vested in a Congress of the United States….” Further, the tenth Amendment states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively …..”
It is important to legal research to understand this process as it allows the researcher the ability to try and understand the legislative intent.
Family and Medical Leave act – the legislature determined their was a need and acted to correct his deficiency. It further empowered the executive branch through its administrative agencies the authority to promulgate regulations to further explain and clarify its act.
The state process isn't any faster than the federal system. But essentially works the same way.
(Terrye is going to give you more detailed information)
This provision gives Congress the power to enact federal laws ("statutes"). The U.S. Congress has exclusive authority to enact federal legislation. The process by which a proposed bill becomes a law can be very complex and take years.
The state legislature has the power also by State and U.S. Constitution to enact laws not inconsistent with Federal Law.

16. Legislative Systems of Government
Federal
- e.g., United States Congress
State
- e.g., Louisiana Legislature
Local
e.g., Your Local City Council
Columbia
Richland County 16

17. EXECUTIVE BRANCH - Enforce Laws -
- Implements and enforces the laws enacted by the Legislative Branch and interpreted by the Judicial Branch.
It creates legally binding rules and standards. President and governor issue executive orders and administrative agencies provide detailed regulations governing activities within their areas of expertise.
Agencies sometimes act in a quasi-judicial capacity by conducting hearings and issues decisions. Administrative procedures act and administrative hearings. Regulatory hearing and administrate procedures are becoming more important in everyone lives.
Enforces through Attorney General and other agencies thee rules. Examples: State utility rates, DMV and
Federal :
Family an medical Leave act – Department of labor regulations enforces the congressional statute
- State and federal administrative agencies are created
by enabling legislation that empowers them to write
rules and regulations to implement and enforce state
and federal laws.

18. FEDERAL AND STATE COURTS
JUDICIAL BRANCH
FEDERAL AND STATE COURTS
- Interpret Laws -
Marbury v. Madison, case decided in 1803 by the U.S. Supreme Court. William Marbury had been commissioned justice of the peace in the District of Columbia by President John Adams in the “midnight appointments” at the very end of his administration. When the new administration did not deliver the commission, Marbury sued James Madison, Jefferson's Secretary of State. (At that time the Secretary of State was charged with certain domestic duties as well as with conducting foreign affairs.) Chief Justice John Marshall held that, although Marbury was entitled to the commission, the statute that was the basis of the particular remedy sought was unconstitutional because it gave the Supreme Court authority that was implicitly denied it by Article 3 of the U.S. Constitution. The decision was the first by the Supreme Court to declare unconstitutional and void an act passed by Congress that the Court considered in violation of the Constitution. The decision established the doctrine of judicial review, which recognizes the authority of courts to declare statutes unconstitutional.
Judicial - Federal Example
Miller v. AT&T Corporation. Interprets the provision of the regulations and the statute in conjunction with intent of the legislature.
State Barnes v. Cohen Dry Wall Inc. 2003) The Court overruled current South Carolina Law by ruling that there was liability for a social host that served alcohol to miners at a home party. Who subsequently is involved in a motor vehicle accident.
The Court looked at public policy and determined that there should be liability in this instance despite the current state of the Law.
The federal courts have the sole authority to interpret
the Constitution and to evaluate federal and state laws
Constitutionality.
Moreover, in Marbury v. Madison 5 U.S.1 (1803), the Supreme Court determined that they could review the acts of the executive branch and legislative branch to determine that they are acting within the scope of their Constitutional grant of Power.

19. Legal Concepts - Mandatory Legal Authority Jurisdiction
- Persuasive
Jurisdiction
- Which laws are primary authority in
Louisiana?
 Precedent? What is it?

20. Types of Authority Primary Authority = The Law
Constitutional provisions
Statutes
Administrative regulations
Court opinions
Secondary Authority = Explanation & analysis of primary authority
Law review articles
Books & treatises
Legal encyclopedias
Accessing Mandatory primary authority that supports your argument is the ultimate goal of nearly all legal research!!!!!

21. Primary Authority may be Mandatory Or Persuasive
Depends upon Two Factors:
1. Jurisdiction (Geographical or Subject)
2. Weight of authority (Level of the Court)

22. Jurisdiction - Authority
► Hierarchical – Level of Court
- Trial  Appellate
►Geographic – Region or County
- Federal Ex: 5th Circuit Court of Appeals
- State Ex: County Courts
► Specific – Subject matter
- State Ex: Probate Court; Family Court
- Federal Ex: Tax Court; Veterans Appeals Court
Jurisdiction is like soup ; there are many varieties but they all revolve around the same concept. There are geographic scale of jurisdiction and a hierarchy system. What is Jurisdiction: the authority given by law to a court to try cases and rule on legal matters within a particular geographic area and/or over certain types of legal cases. It is vital to determine before a lawsuit is filed which court has jurisdiction. State courts have jurisdiction over matters within that state, and different levels of courts have jurisdiction over lawsuits involving different criteria. We will discuss this later.
The geographic systems of jurisdiction are arbitrarily assigned. Circuits and state geographical boundaries. The tiers of the hierarchy are assigned by the level of Authority of each court which have been determined by legislatures and the Congress.
Additional, the ability of the Court to hear cases is determined by the type of case and other facts that have bee set by the courts. It is easier to understand these concepts by looking at specific examples.
Increase discussion

23. Weight of Authority Persuasive Authority Mandatory Authority
Courts may follow if persuaded to do so
Mandatory Authority
Courts must follow in making decisions
 Levels of Courts
US Supreme Court Rules
 Trial v. Appellate Authority
 Federal laws v. State laws
The jurisdictional issues discussed PREVIOSLY help determine the weight of the authority of cases. There will be additional explanation of these concepts in the Judicial Portion of the presentation.

24. Mandatory Authority “The law” from your jurisdiction
(Geographic Jurisdiction)
Your Federal Court Decisions
 Your state’s Appellate Court Decisions
Even though it is Primary Authority – It is only persuasive due to jurisdiction – ( Hierarchical jurisdiction)
4th Circuit federal Court of Appeals Circuit decision
Courts “have to” follow……….

25. Persuasive Authority “The law” from somewhere else
- (Geographic Jurisdiction)
Another state’s supreme court Decision
Another federal Court of Appeals Circuit decision (Geographic Jurisdiction)
All secondary sources
Courts don’t “have to” follow, but use to persuade – Get Court to Adopt!
Even though it is Primary Authority – It is only persuasive due to jurisdiction ( Hierarchical jurisdiction)

26. ALL Secondary Authority is Persuasive
Secondary sources summarize, clarify, restate, explain, or comment upon the law
Examples:
Dictionaries
Encyclopedias
Law review articles & Legal Periodicals
Treatises, Hornbooks, and Nutshells
Restatements
Looseleaf Materials
ALR Articles;

27. What Does This Mean To Me …. And My Patrons?
Which laws do we have to follow …………… … in Louisiana?

28. Mandatory Authority for a Person in Louisiana
Always need to consider
Federal laws
State laws
Local laws

29. Mandatory Authority for a Person in Louisiana
Federal Laws
United States Constitution
United States Code
Code of Federal Regulations
Federal Cases
- United States Supreme Court
- Fifth Circuit Court of Appeals
- District Court for the (Eastern/Western) District of Louisiana

30. Mandatory Authority for a Person in Louisiana
State Laws
Louisiana Constitution
Louisiana Code Annotated
Louisiana Regulations
Louisiana Cases
- Louisiana Supreme Court
- Louisiana Court of Appeals
- Judgments from trial courts (individual cases)

31. Mandatory Authority for a Person in Louisiana
Local Laws
Parish Codes – Your Parish
Municipal Codes – Your City