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Gallagher Law Library, 2007 Legal Research in the Real World Mary Whisner, UW Law Library Rita Kaiser, King County Law Library.

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Presentation on theme: "Gallagher Law Library, 2007 Legal Research in the Real World Mary Whisner, UW Law Library Rita Kaiser, King County Law Library."— Presentation transcript:

1 Gallagher Law Library, 2007 Legal Research in the Real World Mary Whisner, UW Law Library Rita Kaiser, King County Law Library

2 Gallagher Law Library, 2007 On  Managing research assignments  Developing research strategies  Learning tips to make legal research easier

3 Gallagher Law Library, 2007 We Can’t Cover Everything Today!  Use research guides. research guidesresearch guides  Ask a reference librarian.  Develop your skills -- e.g., by taking advanced legal research classes.

4 Gallagher Law Library, 2007 Project Log  Date assigned  Supervisor  Project  Due  When you’ll work on it  Done!

5 Gallagher Law Library, 2007 Calendar  Due dates  Chunks of time for working on projects (before their due dates!)  Meetings  “Extras”

6 Gallagher Law Library, 2007 Getting the Assignment  School assignments What topic How long (pages, margins, font size) What sources to use When due  Work assignments ????

7 Gallagher Law Library, 2007 For instance…  I need you to do a legislative history of the breathalyzer statute.  Our client (a large company) is being sued for sexual harassment allegedly done by one of the supervisors. Could you research possible defenses?

8 Gallagher Law Library, 2007 Asking Questions Is Good!  Requester? Contact info? Contact info? Others who know project? Others who know project?  When is it due?  Format?  Time?  Billing?  Background? Suggestions?

9 Gallagher Law Library, 2007 What Resources Are Available?  Important to know about your workplace Librarian, office manager, summer clerk coordinator Librarian, office manager, summer clerk coordinator Information, policiesInformation, policies AdviceAdvice In-house library In-house library Books, etc.Books, etc. Brief bankBrief bank Electronic subscriptionsElectronic subscriptions

10 Gallagher Law Library, 2007 What e-Resources Are Available?  Important to know about your workplace LN & WL? LN & WL? academic subscriptions - externships for creditacademic subscriptions - externships for credit employer’s subs for all elseemployer’s subs for all else Loislaw Loislaw OK to use for workOK to use for work Casemaker Casemaker all WSBA membersall WSBA members Other products Other products

11 Gallagher Law Library, 2007 A Few Internet Tips  Often efficient to search specific site rather than whole Web. (Problem of “deep Web.”)  Great links for Washington and federal law: http://lib.law.washington.edu/research/rese arch.html http://lib.law.washington.edu/research/rese arch.html http://lib.law.washington.edu/research/rese arch.html

12 Gallagher Law Library, 2007 A Few Internet Tips  Wide variety of sources (and authority!) Official court and agency sites Official court and agency sites Newspapers Newspapers Law reviews Law reviews Firm newsletters, blogs Firm newsletters, blogs Wikipedia Wikipedia  Citation Credit your source Credit your source Will it be findable later? Will it be findable later?

13 Gallagher Law Library, 2007 Local Law Libraries  Law school libraries – SU, UW  King County Law Library King County Law Library King County Law Library Subscription plan Subscription plan Collection Collection Electronic resources Electronic resources Reference help Reference help  KCLL RJC

14 Gallagher Law Library, 2007 KCLL Resources  Online Library Catalog (from web site)  Collection of materials for day-to-day legal research needs  Current secondary sources and primary law for Washington & Federal  Historical Washington & Federal primary law  Codes for all 50 states

15 Gallagher Law Library, 2007 KCLL Resources  Legal Databases (15 cents a page for copies) Westlaw - Includes case law, statutes, and administrative material for all fifty states plus federal - no fee to search Westlaw - Includes case law, statutes, and administrative material for all fifty states plus federal - no fee to search Lexis - Includes Washington state and federal - plus get a document Lexis - Includes Washington state and federal - plus get a document HeinOnline – for law reviews, treaties, Federal Register, etc. HeinOnline – for law reviews, treaties, Federal Register, etc.

16 Gallagher Law Library, 2007 KCLL Resources  Legal Research and Training Center Access to Internet Access to Internet SCOMIS & ACORDS SCOMIS & ACORDS Word processing & printing Word processing & printing  Wireless access points

17 Gallagher Law Library, 2007 KCLL Research Help  Experienced reference staff  Research Links on our web site  Research Guides  Ask a Question – from the web site How do I Find --- ?

18 Gallagher Law Library, 2007 More Libraries  Other law libraries County law libraries County law libraries U.S. Courts U.S. Courts  What about nonlegal info? Seattle Public Library Seattle Public Library University libraries University libraries

19 Gallagher Law Library, 2007 Notes  Prepare to cite Write down the information you’ll need now rather than waiting until you’re ready to write. Write down the information you’ll need now rather than waiting until you’re ready to write.  Keep a paper trail Dead ends, too! Dead ends, too!

20 Gallagher Law Library, 2007 Notes ♪What’s the question? ♪Where’d you look? ♪How’d you look? ♪What’d you find? ♪What’s the date? ♪Why’d you copy that?

21 Gallagher Law Library, 2007 Developing Research Strategies

22 Gallagher Law Library, 2007 Think Framework Rombauer  Preliminary analysis  Search for statutes  Mandatory precedent  Persuasive precedent  Refine, double-check & update

23 Gallagher Law Library, 2007 Preliminary Analysis  Issue  Jurisdiction  Key facts  Relevant search terms  Knowledge assessment

24 Gallagher Law Library, 2007 For instance… Our client was in a car accident just this side of the Idaho border. A Washington State Patrol trooper followed the ambulance that took him to a hospital in Idaho and then had the hospital do a blood alcohol test. The Idaho tech isn’t certified by Washington. Can the prosecution still use the results?

25 Gallagher Law Library, 2007 Search for Statutes  If there’s an applicable statute, you want to see it first  Don’t forget to look for applicable regulations

26 Gallagher Law Library, 2007 Search for Cases - Mandatory  Cases that matter for your issue and jurisdiction  How to find: Secondary sources! Ann. Statute Digest Full-text searching

27 Gallagher Law Library, 2007 Search for Cases - Persuasive  When there’s no mandatory precedent  Choose your jurisdiction  Here, secondary sources can be your favorite finding tool

28 Gallagher Law Library, 2007 Refine, Double-check & Update  All along or at the end: just make sure you do it!  Shepardize/Keycite cases and statutes

29 Gallagher Law Library, 2007 When Do I Stop? Lots of factors and no easy answers...but...  When the costs outweigh the benefits  When you keep finding the same sources  When you find the answer  When you run out of time

30 Gallagher Law Library, 2007 Miscellaneous Tips

31 Gallagher Law Library, 2007 Indian Law  Tribes are sovereign governments  29 in Washington  Guide: http://lib.law.washingt on.edu/ref/indian.html http://lib.law.washingt on.edu/ref/indian.html http://lib.law.washingt on.edu/ref/indian.html

32 Gallagher Law Library, 2007 Fact Pattern  American Law Reports  Causes of Action (tort- based)

33 Gallagher Law Library, 2007 Effective Dates  WA: 90 days after adjournment Laws of Wash. RCWA tables & pocket parts  US: Presidential signature OR as stated in the act Statutes at Large USC, USCA & USCS

34 Gallagher Law Library, 2007 50 State Surveys  M-H Law Digest  National Survey of State Laws  Subject Compilations of State Laws  Uniform Laws Annotated

35 Gallagher Law Library, 2007 Leave It to Bieber’s  Dictionary of Legal Abbreviations  Dictionary of Legal Citations

36 Gallagher Law Library, 2007 The Bluebook  Blue pages  Tables & abbreviations  Jurisdiction- specific  Courts, documents, states, periodicals, services

37 Gallagher Law Library, 2007 Words and Phrases  Judicially defined  Nationwide  Annual pocket parts  Westlaw: search cases or statutes, field WP (term)

38 Gallagher Law Library, 2007 Unfamiliar Topic  Find a research guide  Consult a treatise  Check ALR or Causes of Action  Read a law review article

39 Gallagher Law Library, 2007 Treatises ►Scholarly ► Comprehensive ► Authoritative  Corbin on Contracts  Nimmer on Copyright  LaFave on Search & Seizure

40 Gallagher Law Library, 2007 Forms  Formbook collections  LexisNexis & Westlaw databases  Office boilerplate

41 Gallagher Law Library, 2007 Bag o’ Tricks  How to use a new source  Smaller, targeted databases  System as a citator

42 Gallagher Law Library, 2007 Tricks with Full-Text Databases  Bluebook puzzles? Find a law review article that cites the source.  Obscure document? Find an article that cites it – and maybe says where it’s reprinted.  (Remember cost constraints.)

43 Gallagher Law Library, 2007 Questions?


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