1. Secrets of the Law Library, Part 1 Presented May 2, 2007 by Barbara G. Traub, J.D., M.L.S. to A.C.R.L. Long Island Section © Barbara G. Traub

2. PLAN FOR TODAY The nature of legal research The nature of legal research Starting with Secondary Sources Starting with Secondary Sources Sources of Law Sources of Law Primary Sources Primary Sources Judicial or “case made” law Judicial or “case made” law Legislative or statutory law (“Secrets”, Part 2) Legislative or statutory law (“Secrets”, Part 2) Executive and administrative law ( “ ) Executive and administrative law ( “ )

3. WHERE TO START? What does the patron REALLY need? Often it is not what s/he asks for. What does the patron REALLY need? Often it is not what s/he asks for. Sources of Law Sources of Law 1) Custom, tradition, ethical / religious rules, philosophy etc. as they may manifest themselves in law. 1) Custom, tradition, ethical / religious rules, philosophy etc. as they may manifest themselves in law. 2) Governmental Institutions that formulate legal rules. 2) Governmental Institutions that formulate legal rules. 50 states, federal 50 states, federal Executive, Legislative, Judicial Executive, Legislative, Judicial 3) Published manifestations 3) Published manifestations

4. LEGAL AUTHORITY Any published source of law that sets forth legal rules / reasoning that can be used as a basis for decisions. Any published source of law that sets forth legal rules / reasoning that can be used as a basis for decisions. TYPES: TYPES: Primary: authorized statements of law formulated by governmental institutions. Primary: authorized statements of law formulated by governmental institutions. Secondary: statements about the law used to explain, interpret, or locate primary authorities Secondary: statements about the law used to explain, interpret, or locate primary authorities

5. SECONDARY SOURCES LexisNexis Academic Universe: NOT necessarily the best place to start. LexisNexis Academic Universe: NOT necessarily the best place to start. Secondary material in LN AU: Secondary material in LN AU: Legal News Legal News Law Reviews Law Reviews Legal Encyclopedias – no analysis or commentary; good background and references to cases and statutes. Legal Encyclopedias – no analysis or commentary; good background and references to cases and statutes. Corpus Juris Secundum (CJS) Corpus Juris Secundum (CJS) American Jurisprudence 2 nd (AmJur 2 nd ) American Jurisprudence 2 nd (AmJur 2 nd )

6. SECONDARY SOURCES Legal Encyclopedias (cont’d) Legal Encyclopedias (cont’d) New York Jurisprudence 2 nd (NY Jur 2 nd )- references to Topic & Key # System. New York Jurisprudence 2 nd (NY Jur 2 nd )- references to Topic & Key # System. Carmody-Wait 2 nd – civil and criminal practice; litigation related subjects; includes many forms. Carmody-Wait 2 nd – civil and criminal practice; litigation related subjects; includes many forms. West’s Encyclopedia of American Law - geared for non-law library. West’s Encyclopedia of American Law - geared for non-law library.

8. SECONDARY SOURCES Nutshells Nutshells Compact, concise handbook-type publication Compact, concise handbook-type publication Each on a discrete topic Each on a discrete topic Not detailed, but references to key cases and statutes. Not detailed, but references to key cases and statutes. See http://www.thomson.com/content/legal/brand _overviews/wg_nutshell See http://www.thomson.com/content/legal/brand _overviews/wg_nutshell http://www.thomson.com/content/legal/brand _overviews/wg_nutshell http://www.thomson.com/content/legal/brand _overviews/wg_nutshell

9. SECONDARY SOURCES CQ Researcher CQ Researcher 44 / year; each examines a single issue. 44 / year; each examines a single issue. Other CQ product: CQ.com – extensive legislative tracking service covering Congress Other CQ product: CQ.com – extensive legislative tracking service covering Congress Legal Periodicals – accessing law reviews Legal Periodicals – accessing law reviews 1) LexisNexis Academic – NEW INTERFACE! Old: Old: Somewhat awkward to search Somewhat awkward to search Coverage: over 500 publications Coverage: over 500 publications “Find” search is VERY unforgiving “Find” search is VERY unforgiving

10. SECONDARY SOURCES Accessing Law Reviews (cont’d) Accessing Law Reviews (cont’d) 2) Pro-Quest: not all full-text ABI/INFORM: 95 titles ProQuest Direct: 243 titles Research Library: 136 titles Criminal Justice Periodicals Index: 230 titles; 75 f-t 3) J-STOR: limited selection; moving wall; back-issues 4) LegalTrac (Gale): comprehensive indexing; limited full-text. Includes many bar journals & legal newspapers.

11. SECONDARY SOURCES Accessing Law Reviews (cont’d) Accessing Law Reviews (cont’d) 5) Index to Legal Periodicals & Books (Wilson) a) 1908-1980: WilsonWeb’s “Legal Periodicals Retro” b) 1981 -- : WilsonWeb ILP&B database; none pre- 1980; start dates vary c) ILP&B Full Text: same coverage; 267 titles; most from mid-late 1990’s and forward.

12. SECONDARY SOURCES Hornbooks, Treatises and Loose-Leaf Sets: In-depth treatment of a single topic or subject area. Features may vary: Hornbooks, Treatises and Loose-Leaf Sets: In-depth treatment of a single topic or subject area. Features may vary: Author: Author: individual scholar → Treatise or Hornbook individual scholar → Treatise or Hornbook editorial staff → Loose-leaf set editorial staff → Loose-leaf set Single or Multi-Volume Single or Multi-Volume Updating: Updating: Bound volumes updated with POCKET PARTS; annual Bound volumes updated with POCKET PARTS; annual Loose-leaf updated with replacement pages; more often Loose-leaf updated with replacement pages; more often

13. SECONDARY SOURCES Hornbooks, Treatises and Loose-Leaf Sets Hornbooks, Treatises and Loose-Leaf Sets May include sample forms May include sample forms *** Content is commentary, with references to primary material. *** Content is commentary, with references to primary material. Hornbook: less detailed than a treatise; generally considered a student text or study aid. E.g.: West’s Hornbook Series Hornbook: less detailed than a treatise; generally considered a student text or study aid. E.g.: West’s Hornbook Series Loose-leafs generally include primary material (cases, statutes, regulations) and current awareness feature (e.g. weekly newsletter) in addition to commentary and forms. Loose-leafs generally include primary material (cases, statutes, regulations) and current awareness feature (e.g. weekly newsletter) in addition to commentary and forms.

14. SECONDARY SOURCES Identifying Hornbooks, Treatises, etc. Identifying Hornbooks, Treatises, etc. Recommendations / requests by professor Recommendations / requests by professor Keyword / subject search of catalog Keyword / subject search of catalog References from other sources References from other sources Legal Research Texts Legal Research Texts Collection development tools (especially Ken Svengalis’s Buyer’s Guide Collection development tools (especially Ken Svengalis’s Buyer’s Guide Legal Looseleafs in Print Legal Looseleafs in Print

15. SECONDARY SOURCES Using Treatises and Loose-leaf Sets Using Treatises and Loose-leaf Sets Bound Volumes: DON’T FORGET THE POCKET PART! Bound Volumes: DON’T FORGET THE POCKET PART! Loose-leafs: READ THE “HOW TO USE” SECTION. Loose-leafs: READ THE “HOW TO USE” SECTION. U.S. Law Week U.S. Law Week

17. SECONDARY SOURCES ONLINE Some available in “pro” versions of Lexis and Westlaw. Most treatises are NOT available online at all. Some available in “pro” versions of Lexis and Westlaw. Most treatises are NOT available online at all. LLRX: http://www.llrx.com/ LLRX: http://www.llrx.com/http://www.llrx.com/ LII: http://www.law.cornell.edu/ LII: http://www.law.cornell.edu/http://www.law.cornell.edu/ FindLaw: http://www.findlaw.com/ FindLaw: http://www.findlaw.com/http://www.findlaw.com/ N.Y.S. Court System: http://www.nycourts.gov/home.htm N.Y.S. Court System: http://www.nycourts.gov/home.htm http://www.nycourts.gov/home.htm See especially “CourtHelp” See especially “CourtHelp” Am. Bar Assn. Public Resources: Am. Bar Assn. Public Resources: http://www.abanet.org/public.html http://www.abanet.org/public.html http://www.abanet.org/public.html http://www.abalawinfo.org/ http://www.abalawinfo.org/ http://www.abalawinfo.org/

18. PRIMARY SOURCES Primary Authority consists of authorized statements of law formulated by governmental institutions. Primary Authority consists of authorized statements of law formulated by governmental institutions. Two layers of “institutions”: Two layers of “institutions”: 50 states and federal 50 states and federal Executive, Legislative & Judicial “institutions” in each that formulate law. Executive, Legislative & Judicial “institutions” in each that formulate law.

19. JUDICIAL MATERIAL (CASES) Structure → work product → publication pattern Structure → work product → publication pattern When you read a ‘case’ or ‘decision’ you are only reading a judge’s written opinion applying the law to the facts of that case. It does NOT include a trial transcript or other documents. When you read a ‘case’ or ‘decision’ you are only reading a judge’s written opinion applying the law to the facts of that case. It does NOT include a trial transcript or other documents.

20. COURT STRUCTURE (FEDERAL)

21. COURT STRUCTURE (N.Y. S.)

23. Official & Unofficial Reporters Law Reports or Reporters: “published volumes containing the decisions and opinions of state and federal courts” (Black’s Law Dictionary, 6 th Ed.). Law Reports or Reporters: “published volumes containing the decisions and opinions of state and federal courts” (Black’s Law Dictionary, 6 th Ed.). Method of publication determined by statute or court rule. Method of publication determined by statute or court rule. Those sanctioned by statute or rule = official reports. Those sanctioned by statute or rule = official reports. Government may print or designate a commercial printer to do so. Government may print or designate a commercial printer to do so.

24. Publication Sequence of Opinions Slip opinions Slip opinions Electronic Electronic Print Print Advance sheets Advance sheets Bound reporters: Official & Unofficial Bound reporters: Official & Unofficial NYS official reporters: NYS official reporters: Miscellaneous Reports (Trial Court) Miscellaneous Reports (Trial Court) Appellate Division Reports Appellate Division Reports New York Reports (Court of Appeals) New York Reports (Court of Appeals) NYS unofficial reporters: NYS unofficial reporters: New York Supplement New York Supplement North Eastern Reporter North Eastern Reporter

25. Publication Sequence of Opinions Federal official reporters: Federal official reporters: Federal Supplement (District [trial] courts) (West) Federal Supplement (District [trial] courts) (West) Federal Reporter (Courts of Appeal) (West ) Federal Reporter (Courts of Appeal) (West ) United States Reports (U.S. Supreme Court) United States Reports (U.S. Supreme Court) Federal unofficial reporters: Federal unofficial reporters: Supreme Court Reporter Supreme Court Reporter United States Supreme Court Reports, Lawyers’ Ed. United States Supreme Court Reports, Lawyers’ Ed.

26. Publication of Cases

27. Coverage of National Reporter System Title of Publication Title of Publication Federal Supplement Federal Supplement Federal Reporter Federal Reporter Supreme Court Reporter Supreme Court Reporter Atlantic Reporter Atlantic Reporter Southern Reporter Southern Reporter South Eastern Reporter South Eastern Reporter South Western Reporter South Western Reporter North Eastern Reporter North Eastern Reporter North Western Reporter North Western Reporter Pacific Reporter Pacific Reporter California Reporter California Reporter N.Y. Supplement N.Y. Supplement Cases Reported From… Federal District Courts Federal Courts of Appeal U.S. Supreme Court Conn., Del., D.C., Maine, Md., N.H., N.J., Pa., R.I., Vt. Ala., Fl., La., Miss. Ga., N.C., S.C., Va., W.Va. Ak., Ky., Mo., Tenn., Texas Ill., Ind., Ma., N.Y., Ohio Iowa, Mi., Minn., Neb., N.D., S.D., Wis. Alaska, Az., Co., Hawaii, Id., Kan., Mont., Nev., N.M., Ok., Or., Utah, Wa., Wy. Ca. Supreme Court & App. Courts N.Y.Ct.ofApp., App.Div., others.

28. Case Headnotes Every case in the National Reporter System has at least one headnote. Every case in the National Reporter System has at least one headnote. A headnote is a paragraph summary of a single point of law discussed in the case. A headnote is a paragraph summary of a single point of law discussed in the case. Every headnote has at least one Topic & Key Number. Every headnote has at least one Topic & Key Number. Headnotes appear in the order the points of law are discussed in the case. Headnotes appear in the order the points of law are discussed in the case. Headnote 2 Headnote 1

29. Digests Are Indexes to Reporters Case Reporters are arranged chronologically Case Reporters are arranged chronologically not what a legal researcher usually needs not what a legal researcher usually needs usually need to find cases by subject usually need to find cases by subject Digests make cases accessible by subject Digests make cases accessible by subject Topics and key numbers are used to classify case headnotes by subject Topics and key numbers are used to classify case headnotes by subject Digests consist of case headnotes Digests consist of case headnotes organized alphabetically by topic organized alphabetically by topic then numerically by key number then numerically by key number

30. West Topic & Key Number System Classification system with at least one topic and key number assigned to each point of law in each reported case Classification system with at least one topic and key number assigned to each point of law in each reported case Extensive outline of the entire body of case law in this country Extensive outline of the entire body of case law in this country Index to entire National Reporter System, helping you locate cases with similar legal issues in any jurisdiction Index to entire National Reporter System, helping you locate cases with similar legal issues in any jurisdiction

31. Topic Outline Divides law into 400+ digest topics Divides law into 400+ digest topics Each topic addresses a broad legal issue Each topic addresses a broad legal issue Breaks down each topic into subheadings Breaks down each topic into subheadings Contains approximately 100,000 key numbers Contains approximately 100,000 key numbers Topics are occasionally added, eliminated, or renamed Topics are occasionally added, eliminated, or renamed

32. Types of Digests Generally correspond to case reporters Generally correspond to case reporters one for each state one for each state few regional digests few regional digests American Digest System American Digest System Federal Practice Digests Federal Practice Digests Supreme Court Digest Supreme Court Digest U.S. Supreme Court Digest, Lawyer’s Edition U.S. Supreme Court Digest, Lawyer’s Edition Most digests have more than one series Most digests have more than one series

33. Use Digests to Find Relevant Cases Look in Descriptive Word Index for Look in Descriptive Word Index for Words that describe the pertinent facts of the case Words that describe the pertinent facts of the case Words that describe the legal question involved Words that describe the legal question involved Use the topic(s) & key number(s) identified in Descriptive Word Index to find relevant headnotes in case summaries volumes. Use the topic(s) & key number(s) identified in Descriptive Word Index to find relevant headnotes in case summaries volumes. Most volumes of digest consist of case summaries Most volumes of digest consist of case summaries Summaries are actually individual headnotes extracted from cases and rearranged by topic Summaries are actually individual headnotes extracted from cases and rearranged by topic A single case is often represented under multiple topics in a digest A single case is often represented under multiple topics in a digest Each summary includes the name of the case and its citation(s) Each summary includes the name of the case and its citation(s)

35. Components of Digests Collection of case summaries organized by topic (arranged A to Z) Collection of case summaries organized by topic (arranged A to Z) Topic index for case summaries (AKA Descriptive Word Index) Topic index for case summaries (AKA Descriptive Word Index) Table of Cases Table of Cases Words and Phrases Words and Phrases Updating Updating

36. Digest System (con’td) Lexis developed competing system for Lexis.com, used by legal professionals. Lexis developed competing system for Lexis.com, used by legal professionals. No print digest system. No print digest system. Not part of LN AU. Not part of LN AU.

38. ANY QUESTIONS??? My contact information: My contact information: Barbara G. Traub, J.D., M.L.S. Head of Reference and Instructional Services Rittenberg Law Library St. John's University School of Law 8000 Utopia Parkway Jamaica, N.Y. 11439 ph. 718-990-1668 fax 718-990-6649 traubb@stjohns.edu