Just Research

by Oates, Laurel Currie; Enquist, Anne

• ISBN13: 9780735552951
• ISBN10: 0735552959
• Format: Paperback
• Copyright: 2005-04-30
• Publisher: Wolters Kluwer

Summary

This new legal research text reflects the reality of modern practice by offering a fully integrated approach to both print and electronic sources. JUST RESEARCH provides a comprehensive introduction that helps first-year students develop the skills they will use throughout their legal careers. The text is constructed for maximum effectiveness: teaches the best source for a project, whether paper or electronic, To more accurately depict how practicing lawyers are conducting research now emphasizes electronic research in recognition of its increasing use by attorneys; students learn how to use generic search engines (such as Google), fee-based services (such as LexisNexis, LoisLaw, VersusLaw, and Westlaw), and free services (such as FindLaw and government sponsored websites) to find relevant materials efficiently uses a problem-based organization that focuses on categories of legal issues, rather than organizing the text around sources. In addition to showing students how to research statutory and common law problems, The book teaches how to research constitutional issues, issues governed by court rules and municipal codes, and factual issues. provides a complete introduction To The essentials of legal research from authors who use their extensive experience teaching first-year students to focus on the topics and skills students really need presents extensive, step-by-step illustrations of how to perform legal research practice pointers throughout the book supply helpful tips on how practicing attorneys handle their research problems exercises to help students gain experience on a CD-ROM included with the book JUST RESEARCH incorporates current educational research on transfer of learning to help students apply what they learn in one situation to another: first, The authors identify and describe the underlying structures for conducting legal research next, they show students how they can use that underlying structure to research problems that appear to be different on the surface finally, The authors make connections for students and offer specific instructions about how to use what they learn in practice

Table of Contents

Preface	xix
Acknowledgments	xxiii
PART I INTRODUCTION TO LEGAL RESEARCH
Fortresses, Tumors, and Legal Research	3	(4)
Two Puzzles	3	(1)
Two Approaches to Learning How to Do Legal Research	4	(1)
The Structures Underlying Legal Research	5	(2)
The United States Legal System	7	(12)
The Three Branches of Government	7	(7)
The Executive Branch	8	(1)
The Legislative Branch	8	(1)
The Judicial Branch	9	(1)
The Hierarchical Nature of the Court System	9	(2)
The Federal Courts	11	(2)
State Courts	13	(1)
Other Courts	13	(1)
The Relationship Between the Federal and State Governments	14	(5)
A Short History	14	(1)
The Relationship Between Laws Enacted by Congress and Those Enacted by State Legislatures	15	(1)
The Relationship Between Federal and State Courts	15	(1)
The Relationship Among Federal, State, and Local Prosecutors	16	(3)
Sources, Citations to Sources, and Mandatory and Persuasive Authority	19	(18)
The Sources	19	(3)
Sources Containing Primary Authority	19	(1)
Sources Containing Secondary Authority	20	(1)
Finding Tools	21	(1)
Citators	21	(1)
Using Citations to Locate Information in Books and Fee-Based Services	22	(10)
Citations to Constitutional Provisions, Statutes, Regulations, and Court Rules	23	(1)
Constitutional Provisions	23	(1)
Statutes and Regulations	23	(1)
Court Rules	24	(1)
Citations to Cases	24	(1)
Citations to Secondary Authorities	25	(1)
Using the Citations to Find Material in a Book	26	(1)
Using Citations to Find Material on a Free Website or Fee-Based Service such as LexisNexis, Loislaw, VersusLaw, or Westlaw	26	(6)
Deciding How Much Weight to Give to a Particular Authority	32	(5)
Which Jurisdiction's Law Applies?	33	(1)
What ``Law'' Will Be Binding on the Court?	33	(4)
PART II RESEARCHING ISSUES GOVERNED BY STATE STATUTES, FEDERAL STATUTES, AND LOCAL ORDINANCES
Researching Issues Governed by State Statutes and Regulations	37	(56)
Research Plan for an Issue Governed by State Statutes	37	(1)
Sources for State Statutory Research	38	(11)
Sources for Background Reading	38	(1)
Practice Manuals and Practice Books	38	(1)
Hornbooks and Nutshells	39	(1)
The Internet	40	(1)
Sources for Statutes	40	(1)
Session Laws	40	(1)
Unannotated Codes	41	(1)
Annotated Codes	42	(1)
Sources for State Regulations	42	(1)
Locating Cases That Have Interpreted or Applied a State Statute	43	(1)
Notes of Decision	43	(1)
Reporters	44	(4)
Sources for Secondary Materials	48	(1)
State Attorney General Opinions	48	(1)
American Law Reports	48	(1)
Law Reviews and Journals	49	(1)
Using the Generic Plan to Research a Problem	49	(2)
The Issue	49	(1)
Modifying the Research Plan	50	(1)
Doing the Research	51	(1)
Researching the Issue Using Books	51	(15)
Researching the Issue Using Electronic Sources	66	(27)
Researching Issues Governed by Federal Statutes and Regulations	93	(44)
Modifying the Generic Research Plan to Work for Issues Governed by Federal Statutes and Regulations	93	(1)
Sources for Federal Statutory Research	94	(14)
Sources for Background Reading	96	(1)
The Internet	96	(2)
Practice Manuals	98	(1)
Hornbooks and Nutshells	98	(1)
Legal Encyclopedias	98	(1)
Sources for Federal Statutes and Regulations	99	(1)
Session Laws	99	(1)
Unannotated Codes	99	(1)
Annotated Codes	100	(1)
Federal Regulations	100	(1)
Sources for Cases That Have Interpreted or Applied a Federal Statute or Regulation	101	(1)
Finding Tools	101	(2)
Reporters	103	(3)
Sources for Additional Secondary Authority	106	(1)
Law Reviews and Law Journals	106	(1)
American Law Reports, Federal	107	(1)
Looseleaf Services	108	(1)
Using the Research Plan for Issues Governed by Federal Statutes and Regulations	108	(29)
The Issue	109	(1)
Modifying the Research Plan	109	(1)
Researching the Problem	110	(3)
Locating the Statutes and Regulations Using Free Internet Sites	113	(6)
Locating Statutes and Regulations Using Westlaw	119	(4)
Locating Cases That Have Interpreted and Applied the FMLA	123	(7)
Traditional Sources	130	(3)
The Internet	133	(4)
Researching Issues Governed by County and City Ordinances	137	(22)
An Introduction to County and City Government	137	(1)
Research Plans for Issues Governed by County or City Ordinances	138	(1)
Sources for Researching Issues Governed by City and County Ordinances	139	(1)
Charters	139	(1)
Ordinances	139	(1)
Other County and City Documents	140	(1)
Example 1: Research Plan for Quickly and Inexpensively Researching an Issue Governed by a County or City Ordinance	140	(6)
Example 2: Researching a More Complicated Issue	146	(13)
Doing Federal and State Legislative Histories	159	(26)
What Is a Legislative History and Why Would You Do One?	159	(1)
When You Do a Legislative History, What Are You Looking For?	160	(1)
Research Plan for Doing a Legislative History	161	(1)
Sources for Legislative Histories	161	(1)
Summaries	162	(1)
Compiled Legislative Histories	162	(1)
Sources for Assembling Your Own Legislative History	162	(1)
Example of How to Do a Legislative History	162	(17)
A Note About State Legislative Histories	179	(6)
PART III RESEARCHING COMMON LAW AND CONSTITUTIONAL ISSUES
Researching Issues Governed by Common Law	185	(34)
Are All Cases the Same?	185	(2)
Modifying the Generic Research Plan for Issues That Are Governed by Common Law	187	(1)
Sources for Researching Problems Governed by State Common Law	188	(5)
Background Reading	188	(1)
The Internet	188	(1)
Practice Manuals and Books	188	(2)
Hornbooks and Nutshells	190	(1)
Legal Encyclopedias	190	(1)
Finding Tools	190	(1)
Practice Manuals and Books	190	(1)
Digests	190	(1)
Fee-Based Services	191	(1)
Free Internet Sites	192	(1)
Cases	192	(1)
Other Authorities	192	(1)
American Law Reports	193	(1)
Law Reviews and Journals	193	(1)
Example Showing How to Research a Common Law Issue	193	(26)
Finding the Cases That You Located During Your Background Reading	202	(4)
Using One Case to Find Other Cases	206	(6)
Finding Cases Using a Terms and Connectors Search	212	(3)
Using a Digest to Locate Cases	215	(4)
Researching Constitutional Issues	219	(38)
Research Plan for Constitutional Issues	219	(1)
Sources for Researching Constitutional Issues	220	(4)
Background Reading	220	(1)
Primary Authority	221	(1)
United States Constitution	221	(1)
Federal Cases Interpreting and Applying the United States Constitution	222	(1)
State Constitutions	223	(1)
Cases Interpreting and Applying a State Constitution	223	(1)
Finding Tools	223	(1)
Briefs	223	(1)
Sample Problems	224	(33)
Researching a Constitutional Issue Involving a Well-Developed Area	224	(16)
Determining Whether a Statute is Constitutional	240	(17)
PART IV RULES
Researching Issues Governed by Federal, State, or Local Rules	257	(38)
Research Plans for Projects Involving Federal, State, or Local Rules	257	(1)
Sources for Federal Rules	258	(7)
United States Code, United States Code, Annotated, and United States Code Service	259	(1)
Books	259	(1)
Free Internet Sites	260	(1)
Fee-Based Services	261	(4)
Sources for State Rules	265	(2)
State Codes	265	(1)
Books	265	(1)
Free Internet Sites	266	(1)
Fee-Based Services	266	(1)
Sources for Local Rules	267	(3)
Books	267	(1)
Free Internet Sites	267	(3)
Fee-Based Services	270	(1)
Telephone Calls and Emails	270	(1)
Researching a Simple Rules Question	270	(7)
Researching a More Difficult Rules Question	277	(18)
PART V CITE CHECKING
Citators	295	(22)
Introduction to Citators	295	(1)
The Print Versions of Shepard's® Citators	296	(1)
KeyCite	297	(9)
Using KeyCite to Determine if a Case Is Good Law	297	(4)
Using KeyCite to Locate Additional Cases and Other Authorities	301	(4)
Using KeyCite to Make Sure That a Statute Is Still Good Law	305	(1)
Other Features	306	(1)
The Online Version of Shepard's	306	(11)
Using Shepard's to Determine Whether a Case Is Good Law	307	(4)
Using Shepard's to Find Citing References	311	(6)
PART VI PRACTICE INFORMATION
Locating Forms	317	(20)
Court Websites	317	(4)
Forms on Free Websites	321	(5)
Forms on Fee-Based Sites	326	(6)
Practice Manuals and CLE Materials	332	(5)
Researching Judges, Law Firms, People, Companies, and Things	337	(36)
Researching Judges	337	(10)
Court Websites	337	(1)
Fee-Based Services	338	(7)
Using Google or Another Search Engine to Find Information about a Judge	345	(2)
Researching Law Firms and Attorneys	347	(6)
Law Firm Websites	347	(1)
Fee-Based Services	348	(5)
Locating and Researching People	353	(3)
Finding Mailing Addresses, Phone Numbers, and Emails	353	(1)
Finding Public Records	353	(3)
Researching Corporations	356	(5)
Company Websites	356	(1)
Government Websites	357	(1)
Fee-Based Services	358	(3)
Sources to Use in Preparing for Litigation	361	(8)
Experts	361	(2)
Jury Verdicts	363	(2)
Dockets and Pending Litigation	365	(2)
Jury Instructions	367	(2)
Finding Medical Information	369	(1)
Books	369	(1)
Free Websites	369	(1)
Fee-Based Services	369	(1)
Finding Information about Products	369	(4)
Books	369	(1)
Free Websites	369	(2)
Fee-Based Sites	371	(2)
Glossary Describing Sources for Legal Research	373	(10)
Reliable Websites	383	(4)
Index	387