Legal Research

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Legal Trac/Current Law Index

- 1980 to date · CLI is print version; LegalTrac is electronic on Lexis, Westlaw and Web · 4 parts: (1) Subject Index (follows Library of Congress Headings), (2)Author/Title Index, (3)Table of Cases, (4)Table of Statutes · Subject Index follow Library of Congress Headings as found in online catalog · Book reviews - ratings A,B,C,D,F · CLI is monthly w/ quarterly cumulation and annual bound volume

United States Supreme Court Reporters in Order

- United States Reports: U.S. (must cite here if available, but publishing is very slow) - Supreme Court Reporter: S. Ct. (most recent) - US SC Reporter, Lawyer's Edition: L.Ed. 2d - US Law Week: U.S.L.W. (never cite) - Nominative Reporters (the names of orginal reporters for cases from 1790-1874 must be given

Headnotes

- each covers a specific point of law - each point of law has its own key - headnotes are numbered and put at the beginning of the case (numbers are in bold brackets in the text of the position) - headnotes appear in the digest so the case can be found

How To:

1. Identify key words and concepts 2. Review a treatise or other authority to understand problem/search terms 3. Identify what words or phrases a court would use to describe the problem you are researching

of the 13 US circuit court of appeals, how many are regional

12

Parallel Citations

12.4(c) Use Official and West cite in documents submitted to a state court when citing cases from that state IF required by local rules (App. 2) - Official reporter goes first. à Omit parenthetical state reference if clearly indicated by official reporter

how many US circuit court of appeals do we have in the US

13

This work provides an in-depth analysis of all the cases on a topic, including authorities on both sides of the issue

ALR

Am Jur provides citations to

ALR annotations

State Court Decisions

ALWD 12.2 (h) - Use State, Commonwealth, or People when citing decisions of that state's own court · Use State in regional reporter (N.W.2d) · Use state name in federal reporter (F.Supp.)

which encyclopedia source produced and annotated by west corresponds w West headnotes

AM. Jur.

CA cite to SC in state

Agins v. City of Tiburon, 24 Cal. 3d 266, 157 Cal. Rptr. 372, 598 P.2d 25 (1979). (Currently in 3 Reporters: Cal. 4th, P.3d, Cal. Rptr. 3d)

CA SC cited in Iowa

Agins v. City of Tiburon, 598 P.2d 25 (Cal. 1979).

This encyclopedia gives footnote references to selected cases and ALR annotations

Am. Jr.

Decisions of the US District Court are currently found in this reporter

Federal Supplement

Other NY courts in NY

Martin v. Pitcher, 243 A.D.2d 1023, 663 N.Y.S.2d 437 (3d Dept. 1997). B.M. v. Z.S., 174 Misc. 2d 205, 663 N.Y.S.2d 774 (Fam. Ct. 1997).

official reporter of US SC decisions

US Reports

Star Pagination

indicates original page number in unofficial reporter *official **unofficial West uses inverted T to show star pagination

when citing cases from that state if required by local rules

use offical and west cites in documents sumbitted to a state court

Words and Phrases in Legal Encyclopedias

words and phrases to find legal term meanings, multi volumes set by west, west digests correlation tables: when the publishers release new edition and renumber sections

Codification

Arranging the laws by subject - called Code, Revised Code, Revised Statutes · United States Code (U.S.C.) official - published by U.S. Gov. every 6 years - very slow. · Divided into 50+ titles (subjects) · USC Titles which are soon to become Positive Law: · Title 53, Small Business · Title 54, National Park System · Title 55, Environment

US District Courts

Federal Supplement: F.Supp, F.Supp.2d since publication began in 1932 - prior to that in Fed. Reporter - cases involved in federal rules are in FRD - indicate only district and state - Pre-1880 fed cases are in F. Cas.

KeyCite on Westlaw

Flags (powered by KeyCite), Treatment Citing References (select Cases to filter) Graphic History Table of Authorities

NY Court of appeals in Iowa

People v. Ramos, 685 N.E.2d 492 (N.Y. 1997).

NY court of appeals in state

People v. Ramos, 90 N.Y.2d 490, 685 N.E.2d 492, 662 N.Y.S.2d 739 (1997).

Free Databases to find Statutes

Public Library of Law http://www.plol.org FindLaw http://lp.findlaw.com Cornell http://www.law.cornell.edu/uscode/ US House http://uscode.house.gov Key words: For cases -- Google Scholar FindA Case (supported by Versus Law)

398k23

Topic Number: 398 Key Cite: K Key number: 23

T/F: a persuasive authority may be primary or secondary

True

what legal reference book is the best source for a recent law

US Code congressional and administrative news

commonwealth states

Virginia, Kentucky, Penn, MA

Is an opinion for the US SC binding on an Iowa Trial Court

Yes

ALR

annotations, in-depth analysis of legal topic and all cases on point - ALR index is starting point in print, ALR is online on Westlaw and LExis - Selective Case reporter

CALR

computer assisted legal research · Westlaw -- West (St. Paul, MN) -Thomson Reuters · LexisNexis -- Reed Elsevier · Bloomberg Law - newcomer

Primary Persuasive Sources

court decisions in other case law jurisdictions

CJS

early volumes cite all reported cases in footnotes, cross references to West digest topics and key numbers, some volumes are dated - CJS is online on Westlaw

Decisions of the US Court of Appeals are found in this reporter

federal reporter

Decisions involving rules are found in this reporter of federal cased

federal rules decisions

Am. Jur. 2d

footnote references to selected and ALR annotations and other Am. Jr. Publications, more current, online on Westlaw and Lexis

a superscript # in Shepard's citation refers to this

headnote number in the original case

Shepard's Citator Services

help you determine if your case is still good law, provides subsequent judicial history and interpretation of reported decisions, shepard's cover almost all authorities - cases, statutes, constitutions, regulations, law reviews, restatements, etc.

State Annotated Codes

iowa code annotated - published by West - similar to USCA - has same wording as official code, historical notes, cross references to other statutes, law review commentaries, library references to West Digest and CJS, US SC cases on the subject, case annotations

Primary Mandatory Sources

law produced by gov't bodies w/ law making power - statutes, constitution, court decisions in that state

CJS contains citations to

most cases on point

is an iowa court of appeals opinion binding on a fed district court sitting in Iowa

no - fed and state distinction

where to cite in Iowa legal documents

only cite the official reporter

Topics and Key numbers

organized by topic: 400+ topics - 80,000 subtopics called key numbers## - keys only have meanings within a topic - once you find a key # you can go anywhere and look for corresponding headnotes - key # translation table

Public Domain citations

paragraphs are numbered for pinpoint citing ex. Miller v. Alberts, 2020 SD 399, 570 N.W.2d 221.

a citation in parenthesis in shepard's indicates what

parallel citation

Many legal books are updated by checking this supplement

pocket part

a SC decision in your jurisdiction would be this type of authority

primary mandatory, binding

a SC decision from another common law jurisdiction would be this type of authority

primary persuasive

a law review article would be this type of authority

secondary

the method commonly used to ensure that the statute or case on which you plan to rely is still good law

shepardizing

purpose of citations

show eight and degree of support, show where you got info and that the doc is well researched

the initial decision of a court may be available in this format

slip opinion

Court decision publications

slip opinion (single decision of court), advance sheet (several decisions in paperback using same # & pagination as bound volume which replaces them, bound volumes (permanent), electronic

In westlawNext pages referring back to the orginal pages comes from

star pagination

an inverted T on a West Reporter page indicates this

star pagination

digests are never cited as legal authority

they are case finder or index to law, compiles headnotes from case, use table of cases to find citations when you only have case name

national reporter system cases

title/docket#/Court/date synopsis headnotes attorneys/judges/text of decision

Annotated Codes

used most often in research - gives statues and cases interpreting them USCA - west: same wording as USC, case annotations/cross references USCS - lexis

How digest is created

west editor reads slip opinion and determines headnotes for the case, headnotes are at beginning of opinion (and in key number digest of advance sheet), headnotes next appear in the pocket part for the appropriate digest

Secondary Sources

written by individuals w/o law making power, summarize, clarify, and comment on primary authorities - law reviews, encyclopedias, restatements, treatises - DIGESTS ARE NON AUTHORITIES

Shardizing on Lexis

· "Shep: XX" · Appellate History · Citing Decisions - other cases that cite · Legend or Phrase Level Indicator · Depth of Discussion · Parallel Citations · What does overruled mean? · Why would courts Follow an overruled case? · Terms within results · TOA

ILP - Index to Legal Periodicals & Books - EBSCO

· 1908- date · Similar to Readers' Guide · Four parts: 1) Subject & Author Index 2) Table of Cases 3) Table of Statute 4) Book Review Index · Combined Subject and Author Index since 1961 · ILP database is available on Westlaw law firm subscriptions

federal statutes

· Bills are introduced in the House or Senate. · Bills are numbered sequentially. · If Bill passes Committee and one house, it goes to the other for consideration. · If both houses pass, it goes to the President. · If President signs, Bill becomes law.

search strategies

· Computer is literal - query of "negligence per se" will not retrieve "per se negligent" · Very effective for retrieving specific names, products, etc. · Invaluable for searching multiple jurisdictions, but beware of costs · Abstract concepts may be more difficult to retrieve

US Cir Court of Appeal reporter

Federal Reporter: F. F.2d F.3d - indicate circuit in parenthesis with date ex. (8th Cir. 2020) - 13 circuits, 12 regional

CA Court of Appeals in CA

Biltoft v. Wooton, 96 Cal. App. 2d 598, 157 Cal. Rptr. 581 (4th Dist. 1979). (Currently in 2 Reporters: Cal. App. 4th, Cal. Rptr. 3d)

CA Court of Appeals in Iowa

Biltoft v. Wooton, Cal. Rptr. 581 (App. 4th Dist. 1979).

This encyclopedia gives extensive footnote citations and provides library references to West Digest topics and key numbers

CJS

Using a West Digest

Descriptive Word Index - ID key words, search for words in descriptive word index and not topic and key #, check pocket part, go to advance sheet, search other digests for same key # to find more cases, read the cases read cases to be sure the holding given in the digest matches what the court decided

in addition to case summaries, these sets normally include a table of cases and words and phrases

Digest

Shepardizing Constitution

In the search box you will want to enter the specific Constitution section and/or clause. ((Enter "Shep: U.S. Const. art. 3" & you get 26,000+ listings. )) Enter "Shep: U.S. Const. art. 3 sec. 2 cl. 2" and you get one listing of just that section and clause. (same on KeyCite)

Give 5 Examples of a mandatory authority

Iowa Supreme Court opinions, iowa constiution, iowa adminstrative regulations, iowa statutory law, united states constitution, united states supreme court opinion

this reporter of US SC decisions includes annotations

Lawyer's edition

This state is not a common law jurisdiction

Louisiana

Other NY courts out of state

Martin v. Pitcher, 663 N.Y.S.2d 437 (App. Div. 3d Dept. 1997). or B.M. v. Z.S., 663 N.Y.S.2d 774 (Fam. Ct. 1997).

is an opinion from the 8th circuit court (federal issue) binding on an Iowa State District Court

No

is an unreported case precedential

No, it is one not released for publication - if there is only a westlaw or lexis opinion then it is unpublished

Legal Encyclopedias

Starting point to find the law, comprehensive works, basic summary and not specific to any one jurisdiction, provides rule of law from cited cases, updated by annual pocket parts

Session Laws

Statutes at Large (Stat.)- Government publishes all the public laws in numerical (chronological) order for the past session - very slow · U.S.C.C.A.N. - faster and most often used source - gives you law and legislative info.

State Legal Encyclopedias

Texas Jurisprudence, CA jurisprudence, NY Jurisprudence, Ohio Jurisprudence

Restatements - American Law Institute

· Goal= produce a clear restatement of the existing common law · Gives rules, comments, illustration · Appendix gives cross references and citations to cases (courts frequently cite restatements) · Covers Agency, Conflicts, Contracts, Judgments, Property, Landlord & Tenant, Torts, Trusts, Foreign Relations, Restitution, Security, Unfair Competition, etc. · Many now in "Third Restatement" · Citation: Restatement (Second) of Torts § 829 (1979). · (use date of publication for Restatements) · On Westlaw & Lexis

Legal Periodicals - Hein Online

· Law Reviews, Specialized Journals, Bar Journal, Legal Newspapers - secondary research · Find research when there is little info. on a topic. · *Non-consecutive pagination - when each issue starts with page 1, you have to specify the month.

Public Law

· Public laws bear the designation of the Congress and the sequence in passage during the 2-year life of Congress. Ex. Public Law No. 103-416 (103rd Congress; 416th law passed) · Law appears first as Slip Law and in electronic form.

Sources of Current Law

· Slip laws - published by the U.S. Gov. Printing Office. · U.S. Code Congressional & Administrative News (U.S.C.C.A.N.) - published by West in conjunction with United States Code Annotated (U.S.C.A.); monthly with bound volumes at end of session include all public laws. (noncumulative supplements) · United States Code Service (U.S.C.S.) Advance Sheets - published by Lexis (updated with pocket parts and cumulative supplements)

Specific ALWD Rules

· Spell out 0-99 · Space when you have something other than a single capital letter. · Cite to the official code if available. (U.S.C./ Iowa Code § 123.45 (2003).) · Retain all digits when citing multiple sections. · Student Author - not note, comment · 50 + words - use block quotes. · **When citing a federal case, do NOT include information about divisions.

American Digest System

· State digests - cover state and federal cases in that state. (e.g. Iowa Digest) · Regional digests - reporters for 4 of the 7 regions (none for S.W., N.E. (ceased 1971), So. (ceased 1988)) - have to go to state digests. · Federal Digests (4th is current) · U.S. Supreme Court Digest · Decennial Digest - ALL reported decisions in topic order - cover all reported decisions for 10-year period. · General Digest - updates decennial, but is chronological. · Specialized digests - Bankruptcy digest, Education law digest · *Cases are in hierarchical order in digests.


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