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Using Legal Reference Books Wright College Library Reference Department Last revised 03/7/2010 6:20 pm Prepared by Daniel Stuhlman and the Wright College Library staff. Wright College is one of the City Colleges of Chicago ©2009, 2011 1
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ALR 6 th series 2 American law reports. ALR 6th, Annotations and cases.
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Library only has the 6 th series 3
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Find This Case Pretend you are told to check this reference and report on the case 552 N.E.2d 719 Who are the litagents? When was the case decided? What court decided the case? Was the case upheld or reversed? 5
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West’s Illinois Decisions 6
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7 Go to the shelf, look at the references on the spine.
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What is the parallel citation? 8 Title of the book. The key represents West’s key number system. Volume number Citations in the Northeastern Reporter numbering system. These are the case numbers included in this volume. Tables to find parallel citations.
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Parallel Citation Tables 9 552 N.E.2d 719
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Parallel Citation Tables 2 10 552 N.E.2d 719 Now that we’ve found the page with 552, we look for the case 719. Parallel reference is 135 Ill.2d. 1 found in volume 142 on page 128.
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11 128 is the page, 142 is the volume number, Ilinois Decisions is the title. Notice both citation systems are at the head of the case. Who are the litagents? When was the case decided? What court decided the case? Was the case upheld or reversed?
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Browse for another case Turn a few pages to case 714 Look at page 123 12
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13 Here is case number 714. The cases are numbered sequentially and there is no connection to each other.
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Find This Case 2 You have the following citation 52 Ill.App.3d 897 How do you find the case in West’s Illinois Decisions? 14
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15 Look for 52 in the second column, 897 in the parallel citation column. Parallel reference is 11 Ill.Dec. 177
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16 Another table to try is 11 Illinois Decisions. 11 is the volume number. Look for 52 in the second column you will then see Ill.App3d 897. The table tell you to turn to page 177 of volume 11.
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Find This Case 3 You have the following citation Harvey v. Patton, 11 Ill.Dec. 177 From this citation you do not need to look in a table. It is found in Illinois Decisions, Volume 11 page 177 17
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Case Found 18 368 N.E.2d 728
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West's Smith-Hurd Illinois Compiled Statutes Annotated 19
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Smith-Hurd Illinois index 20 A new index is issued every year.
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Smith-Hurd Illinois index 21
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Library System Act 22
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Original text Text from Smith-Hurd 2005. 23
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Pocket Insert This booklet is inserted into a pocket in back of the red Smith – Hurd book. They are issued yearly to reflect changes in the statues. 24
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Revision to Act 70 25
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West’s Illinois Digest 2d 26
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West’s Illinois Digest 2d 27 Second edition ©2009
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Abbreviation in ALR 28
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West’s IL Digest 29 Each volume has a topical outline of the legal topics covered.
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Example of a Case 30 15 USC 1051 §1051. Registration of trademarks (1) The owner of a trademark used in commerce may request registration of its trademark on the principal register hereby established by paying the prescribed fee and filing in the Patent and Trademark Office an application and a verified statement, in such form as may be prescribed by the Director, and such number of specimens or facsimiles of the mark as used as may be required by the Director.
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Case Quoted 242 F.3d 772 (7th Cir. 2001) Berthold Types Limited, Plaintiff-Appellee, v. Adobe Systems Incorporated, Defendant-Appellant. In the United States Court of Appeals For the Seventh Circuit Argued February 16, 2001 Decided March 9, 2001 Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 00 C 1490-- Elaine E. Bucklo, Judge. Before Easterbrook, Manion, and Diane P. Wood, Circuit Judges. Easterbrook, Circuit Judge. 1 Both Berthold Types and Adobe Systems design and sell typefaces. Adobe includes all of its own faces, plus many licensed from other type foundries such as Agfa and Monotype, in the Adobe Type Library, which contains more than 2,750 typefaces in PostScript and OpenType formats. Individual faces (or collections of related faces) can be licensed and downloaded from Adobe's Web site or purchased on CD-ROM. The Adobe Font Folio, a CD- ROM that gives the purchaser access to all of the Library's type, is available for about $9,000. Berthold Types has been among Adobe's partners in this endeavor: a contract between Adobe and two German firms (H. Berthold AG and Berthold Types GmbH) gives Adobe a non-exclusive right to include many of Berthold's typefaces in the Adobe Type Library, and to use Berthold's trademarks in connection with the Library, from 1990 through 2015. Berthold Types Ltd., a U.S. corporation that we call Berthold, succeeded to the German firms' interests in 1997 and the next year signed its own contract with Adobe as a continuation of the 1990 deal.Adobe Systems Results: The order of the district court denying Adobe's motion for attorneys' fees is vacated, and the case is remanded with instructions to determine, and award, the legal expenses reasonably incurred in defending the aspects of this litigation … 31
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Consumer Expectations 32 This is the full citation of the case. The Library has Illinois Digest. Look up the full case – 231 Ill2d 516.
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Full Case 33 West’s Illinois Decisions 327 901 N.E.2d pp. 329-end Citation in both Ill Digest and North Eastern Reporter formats
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Appellate Court Definitions Appellant -- Party initiating appeal. Appellee -- Appellant’s opposing party. Affirmed – The decision of the lower court is confirmed as valid. Reversed – The decision of the lower court is overturned. Vacated -- Appellate court overturns, reverses, or sets aside the judgment of a lower court. Remanded -- Appellate court sends case back to the lower appellate court for action. Writ of Certiorari -- a discretionary device used by the Supreme Court to choose the cases it wishes to hear. 34
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Illinois Forms 35
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Lease Agreements 36
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IRAC Method Issue – What is issue of the research? What is the question? Rule – What is the rule of law that comes from the case you found? Analysis – How can you apply the rule of law to the client’s facts? If there are multiple issues, how can they be broken down and applied individually? Conclusion – The conclusion should answer the question. 37
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Other Reference Books 38 Black's Law Dictionary Illinois Compiled Statutes 2008 Illinois Court Rules and Procedure, Vols. I & II, State and Federal, 2009 ed.
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Useful Web Sites Data bases (fee required) –Westlaw.com –Lexus.com No fee required –http://www.findlaw.com/ Find Law, aimed at the general public. Has general law information and helps one find a lawyer.http://www.findlaw.com/ –http://lp.findlaw.com/ Find Law for legal professionals helps with legal forms, finding experts, legal technology, practice management and more.http://lp.findlaw.com/ –http://scdb.wustl.edu/ Supreme Court databasehttp://scdb.wustl.edu/ 39
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Codes Online Chicago Municipal Code, Building Code, and Zoning Code online version http://www.amlegal.com/library/il/chicago.shtml Illinois Administrative Code http://www.ilga.gov/commission/jcar/admincode/titles.html Illinois Compiled Statues http://www.ilga.gov/legislation/ilcs/ilcs.asp 40
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Thank you for joining us. If you have any questions or comments on this presentation please direct them to the Wright College Library Reference Department 773-481-8420 dstuhlman@ccc.edudstuhlman@ccc.edu Prepared by Daniel Stuhlman and the Wright College Library staff. Wright College is one of the City Colleges of Chicago ©2011 URL for this file: http://faculty.ccc.edu/dstuhlman/Legal_ref.ppthttp://faculty.ccc.edu/dstuhlman/Legal_ref.ppt 41
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