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Introduction to Legal Research for Librarians Mark Podvia September 17, 2010
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Sources of Law Legislative Branch: Statutory Law (Legislation) Executive Branch: Administrative Law (Rules and Regulations/Decisions and Orders) Judicial Branch: Case Law (Common Law)
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Types of Authority Primary Authority: Constitutions, Statutes, Administrative Rules and Regulations, Administrative Decisions and Orders, Case Law, Local Ordinances Secondary Authority: Treatises, Law Reviews, American Law Reports, Encyclopedias, Restatements
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Case Law
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Federal Reporters US Supreme Court: United States Reports, United States Supreme Court Reports Lawyers’ Edition, Supreme Court Reporter US Courts of Appeals: Federal Reporter US District Courts: Federal Supplement
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Federal Case Citation Clinton v. New York, 524 U.S. 417 (1998).
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Regions Atlantic North Eastern North Western South Eastern South Western Southern Pacific California Reporter New York Supplement
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Pennsylvania Case Citation Comm. v. Gosselin, 861 A.2d 996 (Pa. Super. 2004). Comm. v. Gosselin, 2004 PA Super 426.
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Where do we find Cases? Printed Reporters Commercial Sources (Lexis, Westlaw) Internet Sources
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Legislation
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Legislative Process A Law begins its life as a bill, a legislative proposal offered for debate before its enactment. Bills can be introduced in either chamber. After it is introduced, a bill is sent to committee where hearings are held. If a bill is reported favorably it goes to the floor for a vote. If passed it is sent to the other chamber where the process starts over.
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If the bill is passed by both houses, it may need to go to a conference committee to work out differences between the two versions. The bill goes to the President/Governor for signature. If the bill is vetoed the legislature may be able to override the veto by a ¾ vote.
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Where are Statutes published? Slip Laws—Individual law printed after passage of a law. Session Laws—Laws adopted during a specified session arranged in chronological order. Codified Laws—Laws compiled into an order code arranged by topic.
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Federal Session Laws United States Statutes at Large—official United States Code, Congressional and Administrative News--unofficial
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Codified Federal Statutes United States Code (USC)—official United States Code Annotated (USCA)— unofficial (West) United States Code Service (USCS)— unofficial (Lexis)
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Pennsylvania Session Laws Laws of Pennsylvania
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Codified Pennsylvania Statutes Pennsylvania Consolidated Statutes—Pa. Cons. Stat.—official Purdon’s Pennsylvania Statutes Annotated—P.S.—unofficial Purdon’s Pennsylvania Consolidated Statutes Annotated—Pa.C.S.A.—unofficial
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Administrative Law
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Federal Administrative Register Federal Register: Issued each business day Includes proposed rules, final rules, notices, Presidential proclamations,
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Federal Administrative Compilation Code of Federal Regulations
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Pennsylvania Administrative Register Pennsylvania Bulletin: Issued weekly Includes proposed rules, final rules, notices, local rules of court
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Pennsylvania Administrative Compilation Pennsylvania Code
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