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Types of Sources

Transcript

Types of Legal Research Sources

LSV I Class 29/18/23

BEgin

Class 2 Agenda

Click the Tiles Below to Navigate Between Pages!

Class Objectives

Searching a Secondary Source

Secondary Sources

Statutes

Regulations

Case Law

Demo

In-Class Practice

Class 2 Objectives

  1. Constitutions
  2. Statutes
  3. Regulations
  4. Case Law
  5. Secondary Sources

LSV I Class 2 - Types of Sources

Understand the hierarchy of legal authority

  • Encyclopedias/Jurisprudence
  • Dictionaries
  • Treatises
  • Monographs

Review Secondary Source Types

  • Depending on where you are in your research process, you will select differenct resources

Identify when to use each type of source

  • Statutes
  • Regulations
  • Case Law

Review types of Primary Authority

  • Primary authority exists at both the state and federal level
  • This unit will cover identify FL and federal primary law sources

Locate & identify both Federal & state primary law Sources

  • Use the editorial contents and research tools built into Westlaw/Lexis/Bloomberg to locate other relevant primary law & secondary sources

Be able to use Primary Law to find Other relevant materials

  • Restatements
  • ALRs
  • Periodicals/Journals

Types of Secondary Sources

These sources provide significant detail into a particular area of law.

Treatises

These sources provide a broader overview of many areas of law.

Legal Encyclopedias & Jurisprudence

These sources are designed for practitioners. They usually include very practical or procedural information and tools like forms and checklists.

Practice Materials

These sources are used by legal scholars and students, generally. They consist of journals articles or monographs and are more abstract or theoretical.

Academic Publications

LSV I Class 2 - Types of Sources

These sources provide definitions of legal phrases and terms of art.

Dictionaries & Thesauri

When to use?

When to use?

When to use?

When to use?

When to use?

**Special Category

If you're looking for a very specific issue or if you are deeper into your research process.

If you are just starting your research or aren't sure what law governs yet, or if you are looking for a broader overview.

If you are preparing a legal document, are preparing for court, or to become familiar with a legal procedure. Also, if you are looking for trial strategy, standard forms, or a breakdown of specific rules.

When you are writing scholarship, or an academic paper. You may also use in limited circumstances while practicing or to find citations.

If you need a quick definition of a term or phrase. Good for using with another source, i.e., as a tool to define terms within the other source you don't know yet.

LSV I Class 2 - Types of Sources

Searching a Secondary Source

  • Finding Aids
    • Index
    • Table of Contents
    • Digests
  • Filtered Searching
    • Once you are in a resource, the search bar only searches that source!
  • Research References
    • Most source will have other related secondary sources included
    • Strategies and observations by practitioners
    • Suggested keywords, KeyNumbers (if using Westlaw), topics, even search strings
  • Tables of Contents with CONTEXT - look around and see if other entries are relevant too

Once you locate a source . . . how do you find relevant information?

Indexes

  • Alphabetical list of all terms or subjects used in the resource
  • Corrective -- will direct you to the right term
  • Not included in all sources, depends on licensing

Tables of Contents

  • Use when you know the general terms or area you are in
  • Use when you want to look around to see what else is relevant
  • Not the best if using a long or multi-topic source as it can get unwieldy

+Example

+Example

Example from American Jurisprudence entry

Primary Law:Case Law

1. Judge made law, or law arising out a judicial proceeding2. Must be validated (not updated), using a citator3. Hierarchy of Authority

Case Reporters

Reported opinons are published in federal, state, and regional reporters.

  • U.S. Reports
    • Supreme Court Reporter
  • Federal Reporter
  • Federal Supplement
  • Southern Reporter
  • FL Law Weekly
  • FL Law Weekly Supplement

LSV I Class 2 - Types of Sources

Reported vs. unreported Cases

Not all case opinons are published in official reporter, in fact, most aren't.Reported cases are selected by the respective court for publication in its official reporter.Unreported cases may be selected for unofficial reporters, e.g. Federal Appendix (U.S. Cts. Appeals). They lack precedential value. * Note: Fed. Appx. ceased in 2021

U.S. Supreme Court opinions.

Opinions from the Circuit Courts of Appeal.

Opinions from the District Courts of Appeal.

Regional appellate cases from: Alabama, Florida, Louisiana, and Mississippi

Opinions from the FL District Courts of Appeal.

Opinions from the FL Circuit and County Courts.

Case Reporter Tools on Westlaw & Lexis

LSV I Class 2 - Types of Sources

Headnotes

Topic & Key Numbers/Breadcrumbs

Citing References/Decisions

More Like/Narrow By this HN

Shepard's

KeyCite

Don't forget the citators!

Summarizes the major points of law in a case. It is NOT part of the official opinion.

More Like This Headnote or Cases That Cite This Headnote - Allows you to Shepardize or KeyCite a Headnote - Shows you cases citing the case for that same point of law

West's Digest System - Way to search cases by topic and subtopic - Each area of law has a topic number - Subtopics have a unique key number - Not part of the citing references within a case

Citing References or Citing Decisions - Provides a list of any legal material citing a particular case - Can include other case law, statutes, regulations, or secondary sources

Primary Law:

1. Laws made by a legislative body.

  • Congress - Federal
  • FL Legislature - State
2. Where are they in the hierarchy of authority?

Florida Statutes (state)

Finding Aids for Statutes

+Info

Annotated Code Tools

United State Code (federal)

+Info

Statutes

Index

1

Notes of/to Decisions

2

Citing References/Sources

3

KeyCite & Shepard's

4

Context & Analysis

+Info

Florida Statutes is the OFFICIAL version of the FL state statutes - It is organized into 49 topical titles Fla. Stat. Ann. (Westlaw) & Fla. Ann. Stat. (Lexis), are unofficial codes - These annotated codes have editorial content, as well

+Info

U.S.C is the OFFICIAL version of the federal statutes - It is organized into 54 topical titles U.S.C.A. (Code Annotated) & U.S.C.S. (Code Service), are unofficial codes published by Westlaw and Lexis. - Annotated codes have editorial content

LSV I Class 2 - Types of Sources

3. Statutes must be updated and validated. Updating is the process of checking a statute's currentness.

Table of Contents

Popular Name Table

Primary Law:

1. Laws made by administrative agencies.

  • Federal (implement fed laws)
  • State (implement state laws)
2. Where are they in the hierarchy of authority?

Florida Administrative Code (state)

+Info

Annotated Rule Tools

Code of Federal Regulations (Federal)

+Info

Regulations

1

Notes of/to Decisions

2

Citing References/Sources

3

KeyCite & Shepard's

4

Context & Analysis

+Info

F.A.C. is updated weekly - Contains all final codified rules by FL agencies - Organized by agency titles (~75)

+Info

C.F.R. is updated annually, in quarters - Contains all final codified rules - Organized by topical titles (50) - eCFR is updated more frequently, but is unofficial

LSV I Class 2 - Types of Sources

3. Regulations must also be updated and validated. Updating is the process of checking a statute's currentness.

Federal Register

+Info

+Info

Federal Register is published daily in issues. - Contains NPRMs, Notices, Proposed Rules, Final Rules, and Presidential Docs - Organized by federal agency

Florida Administrative Register

Rulemaking Publications

+Info

F.A.R. is published daily - Contains proposed or new final rules by FL state agencies - Also has NPRMs, notices, announcements,

Demo

Our client, Master Gracey, operates a haunted house in Miami, FL. Aware that accidents happen at these attractions, he always ensures that the halls and pathways are clear and that the animatronics are in good working order. Our client also usual leaves one ground floor door unlocked, in case of an emergency.

Recently, a patron named Sue Salot visited the house. While making her way around the ground floor, a fake ghost dropped from the ceiling and startled Ms. Salot. In fact, she was so scared, she panicked and opened the nearest outside door (the unlocked door), to escape.Unfortunately, she was met with an unexpected set of stairs -- which she immediately tumbled down, injuring her pelvis.

LSV I Class 2 - Types of Sources

The Haunted Mansion

Sue Salot is now suing our client for her injuries, claiming he negligently maintained the premises for patrons.When is an amusement or attraction owner liable for personal injuries occurring on the premises?

Click Here to Hide

Demo

LSV I Class 2 - Types of Sources

The Haunted Mansion

*Follow along as we answer this question together

Secondary Sources

Cases

Statutes

ASK YOURSELF:

  1. WHAT IS OUR TOPIC?
  2. WHAT IS OUR JURISDICTION?
  3. WHERE ARE WE IN OUR RESEARCH?

1

2

3

Premises liability, negligence, amusement parks or attractions

State Law > Florida > Miami > 3rd D.C.A.

At the beginning! We'll want something broader with some citations to start with.

(attraction OR amusement) /p liab! OR duty AND "personal injury"

You and your party awake at the bottom of a mysterious pit. You notice a letter next to you which reads:

  • Get into groups of three. You will take turns rolling the die and then looking for the statute in the U.S.C. that coordinates with the information provided.
  • Proceed in alphabetical order by your first names.
  • It is fine to use the USCA/S, provided that you aren’t sourcing your answer from the annotations under the statute
  • Write the title and section to be cleared for the next question.

Let's Practice: Statutes & Case Tools

Your roll determines your finding tool: 1 = Browse USCS Table of Contents on Lexis2 = Use USCA Index on Westlaw (if it says ‘et al.’ you may view the ToC) 3 = Must use keyword, natural language, or Boolean searching in LEXIS 4 = Any finding method, but you can only go on uscode.house.gov

LSV I Class 2 - Types of Sources

+4-Sided Dice Link

“Welcome to your greatest test, finding statutes better than the rest. Go down the list and get them right, to get out of this hole by tonight. But it won’t be easy, at any rate, as a dice roll may determine your fate!”

When was the statute last updated for changes?

Currentness:

Restatements of the Law

American Law Reports (A.L.R.)

  • Published by ALI on various subjects
  • Summarize the generally accepted principles of the law
  • Provides editor's notes and comments on each section
  • Includes case law citations and brief summaries
  • Very respected and authoritative

  • Articles are called "annotations"
  • Covers specific issues within an area of law
  • Provides a comparison of different jurisdictions
  • Include research references and cross references
  • Well respected, writted by practitioners and scholars

Restatements are published by ALI on a number of subjects: Torts, Property, Agency, Unfair Competition, Insurance, Corporate Governance, Employment, Law Governing Lawyers, etc.

Black's Law Dictionary (West)

Ballantine's Law Dictionary (Lexis)

Words & Phrases (West)

Tip! Use a Treatise Finder if you're not sure which source is available on a certain area of law.

Hierarchy of Legal Authority

Secondary Sources

Hierarchy of Authority

Statutes

U.S. Constitution

Case Law

Regulations

Legal Sources

*Varies, commerical publishers or organizations will publish on different topics

*Published in state, federal, and regional reporters

*Published in U.S. Code (federal) and FL Statutes (state)

*Published in U.S. Code

*Published in Federal Register (proposed, new) or Code of Federal Regulations (final)

*State rules are in FL Admin. Register & FL Admin. Code

Statutes can be considered slightly higher because they are the basis (authority) for rules, but both statutes and regulations have the weight of law.

These sources help us understand the law better, but are merely persuasive.

Hierarchy of Legal Authority

Secondary Sources

Hierarchy of Authority

Statutes

U.S. Constitution

Case Law

Regulations

Legal Sources

*Varies, commerical publishers or organizations will publish on different topics

*Published in state, federal, and regional reporters

*Published in U.S. Code (federal) and FL Statutes (state)

*Published in U.S. Code

*Published in Federal Register (proposed, new) or Code of Federal Regulations (final)

*State rules are in FL Admin. Register & FL Admin. Code

Statutes can be considered slightly higher because they are the basis (authority) for rules, but both statutes and regulations have the weight of law.

These sources help us understand the law better, but are merely persuasive.

Hierarchy of Legal Authority

Secondary Sources

Hierarchy of Authority

Statutes

U.S. Constitution

Case Law

Regulations

Legal Sources

*Varies, commerical publishers or organizations will publish on different topics

*Published in state, federal, and regional reporters

*Published in U.S. Code (federal) and FL Statutes (state)

*Published in U.S. Code

*Published in Federal Register (proposed, new) or Code of Federal Regulations (final)

*State rules are in FL Admin. Register & FL Admin. Code

Statutes can be considered slightly higher because they are the basis (authority) for rules, but both statutes and regulations have the weight of law.

These sources help us understand the law better, but are merely persuasive.

When was the rule last updated for changes?

Currentness:

American Jurisprudence (Am. Jur.)

Corpus Juris Secundum (C.J.S.)

Defense of Equal Employment Claims (Westlaw)

Bender's Federal Practice Forms (Lexis)

Academic Publications

  • Law Journals
    • Peer Reviewed
    • Student Edited
  • Monographs or Books
    • On a specific subject or issue
    • More detailed and also more abstract or theoretical