Presentation is loading. Please wait.

Presentation is loading. Please wait.

Introduction to Legal Research Why is research important? Why is research important?

Similar presentations


Presentation on theme: "Introduction to Legal Research Why is research important? Why is research important?"— Presentation transcript:

1 Introduction to Legal Research Why is research important? Why is research important?

2 Sources of Law Primary Sources of Law Primary Sources of Law Secondary Sources Secondary Sources

3 Remember to: Take advantage of ALL of the information provided! Take advantage of ALL of the information provided! Learn parts of research tools: Learn parts of research tools: What type of information does it contain? What type of information does it contain? How do you locate relevant information within the source (finding tools)? How do you locate relevant information within the source (finding tools)? How do you update it? (How up-to-date is it?) How do you update it? (How up-to-date is it?)

4 Secondary Sources Legal Dictionary Legal Dictionary Legal Encyclopedia Legal Encyclopedia Treatises Treatises American Law Reports American Law Reports Legal Periodicals Legal Periodicals Restatements of the Law Restatements of the Law Jury Instructions Jury Instructions

5 Legal Dictionary Legal definitions of words and phrases in alphabetical order Often has citations to other resources, like cases or statutes

6 Dictionary entry Reference to other “definition” Legal Definitions Reference to treatise

7 Legal Encyclopedia Provide a general description of the law Provide a general description of the law Include lots of citations to cases and other sources of information Include lots of citations to cases and other sources of information Find relevant information through the index or the topic outlines Find relevant information through the index or the topic outlines Update with the pocket part Update with the pocket part

8 Examples of Legal Encyclopedia American Jurisprudence, Second Edition (Am.Jur. 2d) American Jurisprudence, Second Edition (Am.Jur. 2d) Corpus Juris Secundum (C.J.S.) Corpus Juris Secundum (C.J.S.) Jurisdictional Encyclopedia-Florida Jur, 2d (Fla Jur, 2d) Jurisdictional Encyclopedia-Florida Jur, 2d (Fla Jur, 2d)

9 FLJur Digest: to find more cases Broad overview of issue Relevant FL cases Relevant FL statute Also may include illustrations and practice tips

10 Treatises Book or set of books written by an authority on the subject Book or set of books written by an authority on the subject Can vary widely in their coverage from very scholarly analysis to practical application Can vary widely in their coverage from very scholarly analysis to practical application Locate appropriate sources by using the Library’s online catalog, Baron Locate appropriate sources by using the Library’s online catalog, BaronBaron List of leading treatises in library’s research guides List of leading treatises in library’s research guideslibrary’s research guideslibrary’s research guides

11 Treatise p. 1 Corbin on Contracts Treatise mentioned in dictionary Reference to digest (for cases) and legal encyclopedia References to cases from a sampling of jurisdictions and other secondary sources

12 Treatise p. 2 Discussion is scholarly treatment of “all” issues that arise in contracts Even historical development

13 American Law Reports Provide in-depth discussion of a specific issue Provide in-depth discussion of a specific issue Use the ALR Index to find annotations Use the ALR Index to find annotations Update with pocket part and Annotation History Table Update with pocket part and Annotation History Table

14 Legal Periodicals Describe and analyze the law or a specific area of law Describe and analyze the law or a specific area of law Also provide tons of other information in the footnotes Also provide tons of other information in the footnotes Find articles through various indexes: Find articles through various indexes: Recent: LegalTrac and Index to Legal Periodicals - Baron Recent: LegalTrac and Index to Legal Periodicals - BaronLegalTracIndex to Legal Periodicals LegalTracIndex to Legal Periodicals Older: Index to Legal Periodicals, Hein Online Older: Index to Legal Periodicals, Hein OnlineIndex to Legal PeriodicalsHein OnlineIndex to Legal PeriodicalsHein Online

15 Law Journal In-depth discussion of legal issue Relevant primary & other secondary sources

16 Restatements of the Law Clarify rules of common law Clarify rules of common law Each restatement is divided into sections, followed by comments and illustrations Each restatement is divided into sections, followed by comments and illustrations Finding tools - no comprehensive index Finding tools - no comprehensive index Restatements are updated with newer editions, but the appendices cite to more recent cases (federal and state) Restatements are updated with newer editions, but the appendices cite to more recent cases (federal and state) Also other model law sets. Also other model law sets.

17 Restatement Restatement itself Comments explaining Restatement Not shown: Illustrations Following Comments Reference to Appendix for cases

18 Jury Instructions Plain-language description of the elements of a cause of action Usually divided between civil and criminal causes of action Finding aids include index and table of statutes Sometimes provide citations to other resources, such as cases and statutes


Download ppt "Introduction to Legal Research Why is research important? Why is research important?"

Similar presentations


Ads by Google