1. Legal Research Legal Research & Writing II Mike Brigner, J.D.
Sinclair Community College
Legal Research
Legal Research & Writing II
Mike Brigner, J.D.
PAR 112 Mike Brigner, J.D.

2. Types of Law Libraries Law school libraries Paralegal school libraries
Local law libraries
Government or agency law libraries
Courthouse law libraries
Bar association and private group law libraries
Law firm libraries

3. Strategies for Effective Research
Always examine the statutes. Use an annotated code because it will refer you to cases.
Use encyclopedias to obtain introductory information about the issue you are researching.
If you cannot locate cases through an annotated code, use digests.
If there is a well-known treatise or text on this topic, examine it because it will provide excellent analysis as well as references to cases.
Continued, next slide

4. Strategies for Effective Research
For a complete overview of a topic, consult A.L.R. ( or A.L.R. Fed. for federal issues).
For discussions of new or controversial issues or a thorough examination of an issue, find legal periodicals through the Index to Legal Periodicals or Current Law Index.
If a looseleaf service is devoted to the topic you are researching, examine it.
Use Shepard’s Citations or KeyCite to locate other cases, legal periodical articles, attorneys general opinions, and A.L.R. annotations.

5. Questions to Help Develop a List of Descriptive Words or Phrases
Who is involved?
What is the issue being considered?
Where did the activity take place?
When did the activity take place?
Why did the issue develop?
How did the problem arise?

6. Ten Tips for Effective Research
Be prepared
Be flexible
Be thorough
Be patient
Be organized
Be efficient
Be creative
Be wary
Be resourceful
Be calm

7. Sources of Law in the United States
Cases and our common law tradition
Constitutions and statutes
Administrative regulations
The executive branch

8. Primary Authorities (binding)
SOURCE
Cases
Judiciary
Constitutions
Legislature
Statutes
Administrative regulations
Administrative agencies
Executive orders
Executive branch
Treaties
Executive branch (federal only)

9. Secondary Authorities (persuasive)
Encyclopedias
Law review articles
Periodical publications
Treatises and texts
Dictionaries
Attorneys general opinions
Restatements
Annotations
Foreign sources
Form books
Practice guides (such as jury instructions or opinions on ethics)

10. How to Start Legal Research Secondary Sources
Legal Encyclopedias
American Law Reports (A.L.R.)
Restatements, Books, Treatises: cover legal topics in-depth
Law Reviews: use for advanced research

11. Using Secondary Sources
Legal Encyclopedia first to give you background, ideas for key words
A.L.R. next – the best research tool for most legal topics
Treatises and Restatements
Law Reviews

12. Find the Law With Secondary Legal Sources
See Text, Section 6A
Usually start your legal research with:
Legal encyclopedias
American Jurisprudence 2d (Am. Jur. 2d)
Cross-referenced to ALR books & law reviews
Corpus Juris Secundum (C.J.S.)
Cross-referenced to West “Key #” system
Each of these arrange articles alphabetically into 400+ subjects, and has extensive index.

13. Research Strategies for Using General Encyclopedias
Descriptive word approach
Topic approach

14. Find the Law With Secondary Legal Sources
Go to Text Section 5B
Usually go next in your legal research to:
American Law Reports (A.L.R.),
Reprints selected federal & state cases
Each case is followed by a detailed analysis (“annotation” or “article”) of a specific point of law raised in the case
Organized into 5 series: A.L.R.1st through A.L.R. 4th, plus A.L.R. Fed

15. American Law Reports
American Law Reports publishes selected appellate court decisions as well as comprehensive and objective essays relating to the legal issues raised in each case.

16. Features of A.L.R. Cases Annotations Research references Outline Index
Jurisdictional table of cited statutes and cases
Scope section
Related annotations section
Summary

17. Ways to Use A.L.R. Use A.L.R.’s Index to Annotations Alphabetical
Separate Quick Index for A.L.R. Fed.
Look in Index for your descriptive words & you will find listing of A.L.R. annotations related to that topic
Then go to the most relevant annotation and look for relevant cases

18. Ways to Use A.L.R. Start with the legal encyclopedia Am. Jur. 2d
Articles in Am. Jur. 2d will explain topic and refer you to A.L.R. annotations
When you Shepardize a case, look for A.L.R. citations

19. Find the Law With Secondary Legal Sources
See Text, Section 6C & D
Do in-depth research on specific legal topics with:
Treatises & “Restatement of the Law”
These are scholarly books analyzing particular areas of the law
Used for in-depth research on a particular subject

20. Find the Law With Secondary Legal Sources
See Text, Section 6B
Do advanced legal research with:
Law Reviews
These are collections of articles about legal topics written by law professors, lawyers, and law students
Indexed by topics in several sources

21. Words and Phrases
Words and Phrases aims at providing the definition of words and phrases as interpreted by cases from 1658 to the present time.

22. Other Secondary Authorities
Opinions of attorneys general
Dictionaries
Directories
Form books
Uniform laws
Looseleaf services
Jury instructions

23. Directories Martindale-Hubbell Law Directory Local directories
Specialized directories
Internet directories

24. Well-Known Form Books American Jurisprudence Legal Forms 2d
American Jurisprudence Pleading and Practice Forms
Bender’s Federal Practice Forms
Current Legal Forms with Tax Analysis
Federal Procedural Forms, Lawyers Edition
Forms of Discovery
West’s Legal Forms 2d

25. Chart of Secondary Sources
Overview
Description of Set
Encyclopedias
Alphabetically arranged narrative statements of hundreds of areas of the law supported by cases and other authorities found in footnotes
Multi-volume general sets: C.J.S. and Am. Jur. 2d
Multi-volume state sets
Special subject sets
Legal Periodicals
Publications produced on a periodic basis discussing a wide variety of legal topics
Law school publications
Bar association and paralegal association publications
Specialized publications
Legal newspapers and newsletters

26. Chart of Secondary Sources
Overview
Description of Set
Texts and Treatises
Texts written by legal scholars on one legal topic that discuss cases and statutes in the narrative statements
Multi-volume sets that contain thorough and often critical analysis of an area of the law
Restatements
Statements of the law in clear and unambiguous language
Multi-volume sets on selected areas of the law such as torts, agency, or property

27. Chart of Secondary Sources
Overview
Description of Set
Attorneys General Opinions
Written opinions by United States attorneys general and state attorneys general on a variety of legal topics
Multi-volume sets for United States attorneys general opinions and opinions of state attorneys general
Legal Dictionaries
Books providing definitions of legal words and phrases and references to authorities defining a word
One-volume alphabetical arrangement of words, phrases, Latin and other foreign terms

28. Chart of Secondary Sources
Overview
Description of Set
Law Directories
Lists of lawyers
General directories contain lists of all attorneys and other useful features such as law digests. Specialty directories list attorneys specializing in certain practice areas in certain geographical regions
Form Books
Sets of books containing standard or pattern forms for general use or for use in certain practice areas
Multi-volume sets of books containing forms for general legal practice or specialty areas such as criminal law, corporate law, etc.

29. Chart of Secondary Sources
Overview
Description of Set
Uniform Laws
Drafts of statutes proposed by legal scholars for certain areas of the law
Multi-volume set, Uniform Laws Annotated, Master Edition, containing text of Uniform Laws, commentary, references to other sources, etc.
Looseleaf Services
A variety of treatise devoted to one area of the law containing both primary and secondary authority
Multi-volume sets of books, arranged in ringed binders containing statutes, cases, case digests, and commentary on one topic of the law

30. Chart of Secondary Sources
Overview
Description of Set
Jury Instructions
Sets of books containing instructions for charging the jury in civil and criminal trials, as well as commentary and annotations
One-volume or multi-volume sets specific to one state or general in nature

31. Using Primary Sources Easiest
Known Statute
Known Case
Known Regulation
When you know or suspect answer is in a primary source
Index to Statutes
Index to Cases (Case Digests) or Lexis Search
Index to Regulations

32. Find The Law Using Descriptive Words in Index to A Primary Source
Statutes
See Text, Chapter 3
Select descriptive words
Search for them in index to statutes
(Your creativity may be needed here)
Read annotated statute(s) listed in index
Read annotations following statute(s)
Read relevant-sounding cases summarized in annotations

33. Sources for Federal Statutes
Slip laws
United States Code Congressional and Administrative News Service (USCCAN)
United States Law Week
Government printing office
U.S.C.S. Advance Pamphlets
Congressional representatives
The Internet (

34. United States Code Annotated
U.S.C.A. provides the following “extra” features:
Historical notes
Cross references
Library references
Westlaw electronic research
Code of Federal Regulations references
Notes of decisions

35. United States Code Service
U.S.C.S. provides the following “extra” features:
History; Ancillary laws and directives
Code of Federal Regulations references
Cross references
Research guide
Interpretive notes and decisions

36. Updating Federal Statutory Research
U.S.C.
U.S.C.A.
U.S.C.S.
Read statute in main hardbound volume.
Check hardbound supplements
Check annual pocket part or softcover supplements
Check slip laws, U.S. Law Week, or USCCAN
Check U.S.C.A.’s Statutory Supplements
Check U.S.C.S.’s Cumulative Later Case and Statutory Service

37. Research Techniques for Locating Statutes
To locate federal or state statues, there are three techniques:
Descriptive word approach
Title/topic approach
Popular name approach

38. Find The Law Using Descriptive Words in Index to A Primary Source
Case Digests
See Text, Chapter 4
Select descriptive words
Search for them in index to case digest
(Your creativity may be needed here)
Go to appropriate digest & check topic(s) listed in index
Read one-¶ case summaries appearing under digest topics
Read relevant-sounding cases

39. Elements of a Case Case name Docket number and deciding court
Date of decision
Case summary or synopsis
Headnotes
Names of counsel
Opinion
Decision

40. West’s National Reporter System
North Western Reporter
N.W., N.W.2d
Iowa, Michigan, Minnesota, Nebraska, North Dakota, South Dakota, and Wisconsin
Pacific Reporter
P., P.2d, P.3d
Alaska, Arizona, California, Colorado, Hawaii, Idaho, Kansas, Montana, Nevada, New Mexico, Oklahoma, Oregon, Utah, Washington, and Wyoming
North Eastern Reporter
N.E., N.E.2d
Illinois, Indiana, Massachusetts, New York, and Ohio

41. West’s National Reporter System (continued)
Atlantic Reporter
A., A.2d
Connecticut, Delaware, Maine, Maryland, New Hampshire, New Jersey, Pennsylvania, Rhode Island, Vermont, and Washington, D.C.
South Western Reporter
S.W., S.W.2d, S.W.3d
Arkansas, Kentucky, Missouri, Tennessee, and Texas
Southern Reporter
So., So. 2d
Alabama, Florida, Louisiana, and Mississippi

42. West’s National Reporter System (continued)
South Eastern Reporter
S.E., S.E.2d
Georgia, North Carolina, South Carolina, Virginia, and West Virginia

43. Publication of United States Supreme Court Cases
United States Reports (U.S.)
Supreme Court Reporter (S. Ct.)
United States Supreme Court Reports, Lawyers’ Edition (L. Ed.)

44. Rapid Access to United States Supreme Court Cases
Slip opinions
Computer-assisted research
United States Law Week
Newspapers
WestFax
Internet

45. Features of West’s National Reporter System
Table of cases reported
Tables of statutes and rules
Table of words and phrases
List of judges
Key number digest

46. Summary of Case Law Publication
Highest Court
Intermediate Appellate Courts
Trial Courts
Federal Cases
United States Supreme Court
United States Reports
Supreme Court Reporter
United States Supreme Court Reports, Lawyers’ Edition
United States Law Week
United States Courts of Appeal cases are published in Federal Reporter (F., F.2d, and F.3d)
United States District Court cases are published in Federal Supplement (F. Supp. and F. Supp. 2d)

47. Summary of Case Law Publication (continued)
Highest Court
Intermediate Appellate Courts
Trial Courts
State Cases
State Supreme Courts (examples of official sets are California Reports and Georgia Reports)
State Appellate Courts (examples of official sets are California Appellate Reports and Georgia Appeals Reports)
Generally, trial court cases are not published

48. What is a Digest?
A digest is a book or index that arranges one-sentence summaries or “digests” of cases by subject.

49. West’s Outline of the Law
Law categorized into seven main classes: persons, property, contracts, torts, crimes, remedies, government
32 various subclasses within these main classes
32 subclasses further arranged into more than 400 topics

50. Find The Law Using Descriptive Words in Index to A Primary Source
Administrative Regulations
See Text Section 10A
Select descriptive words
Search for them in index to regulations
(Your creativity may be needed here)
Read regulation(s) listed in index
Read annotations following statute that authorized the regulation(s) found
Read relevant-sounding cases interpreting or applying regulation(s)

51. Remember
Just because you know one case or other authority doesn’t mean you know them all
You should also do a descriptive word search in digest, ALR & encyclopedia

52. West Key Numbers A Master Index or the Law
Consists of WORDS plus NUMBERS
Arson
This is a precise point of law (such as: Arson>Penalties>When Injury Results)
You can go to case headnotes or the index in the back of any West volume, look up the same key, and it will lead you to any material in that volume covering exactly the same legal point

53. Concluded Thank you Mike Brigner, J.D.
Legal Research
Concluded Thank you
Mike Brigner, J.D.
END OF CLASS: (EVERY Class) Clean up classroom; log off computers; check for personal property & computer disks; make sure you have signed in.