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Intro to U.S. Legal Research Dana Neacsu. What Are Primary Sources? The law: official pronouncements of lawmakers Statutes But also Rules and regulations,

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Presentation on theme: "Intro to U.S. Legal Research Dana Neacsu. What Are Primary Sources? The law: official pronouncements of lawmakers Statutes But also Rules and regulations,"— Presentation transcript:

1 Intro to U.S. Legal Research Dana Neacsu

2 What Are Primary Sources? The law: official pronouncements of lawmakers Statutes But also Rules and regulations, and Court decisions (Common Law System) Sources which may be binding authority Repositories of law (its tangible aspect)

3 Federal Repositories of Statutory Law Statutes Statutory law Session laws (chronological compilations) Codes (subject matter compilations) Federal Statutory Law: United States Statutes at Large (session laws) United States Code (code) USC: http://www.gpoaccess.gov/uscode/browse.html

4 The Bluebook: Citing Statutes Federal statutes should be cited to the current official code (the United States Code, which is abbreviated as U.S.C.) Rule 12: a codified statutory citation contains four basic elements: 42 U.S.C. § 1983 (2000). Rule 12: a citation to the official compilation of federal session laws (Statutes at Large, abbr: Stat) contains six basic elements: An Act to Permit Civil Suits under Section 1979 of the Revised Statutes (42 USC 1983)…, Pub. L. No. 96-170, § 1, 93 Stat. 1284 (1979) (amending, An Act to Enforce the provisions of the Fourteenth Amendment to the Constitution of the U.S., c. 22, 17 Stat. 13 (1871))

5 Lets Look at a Federal Statute! 42 U.S.C. § 1983 (2000) 42 U.S.C. § 1983 Ch. 22, 17 Stat. 13 (1871) amended by17 Stat. 13 Pub. L. No. 96-170, 93 Stat. 1284 (1979)93 Stat. 1284

6 Federal Repositories of Case Law Cases Decisional law Reports Jurisdictional compilations of cases (federal, state, etc). Federal Reports: United States Supreme Court Reports (3) Federal Reporter (West) Federal Supplement (West)

7 The Bluebook: Citing Cases Rule 10: a full case citation includes four elements The name of the case; The abbreviation of the published source where it can be found (reporter); A parenthetical that indicates the court and jurisdiction; and The date or year of the decision.

8 Lets Look at a Case! Marbury v. Madison, 5 U.S. 137 (1 Cranch)(1803): Reporters Print Digital Free-of-charge repositories (Oyez; Curiae- Yale; lexisOne; Findlaw; Google Scholar)OyezlexisOneFindlawGoogle Scholar Fee-based repositories (Westlaw Lexis & Bloomberg)

9 NY State Law (research w Westlaw/Lexis/ Bloomberg) NY State Statutes McKinneys NY State Statutes http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LA WS http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LA WS NY Case Law (reporters) NY Case Law Official (New York Reports: 3) Commercial (New York: 1)


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