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Legal Research Guide: Patterns and Practice
This latest edition continues its rich tradition and leader as a practical guide to the research process and the checklist approach.
Publisher: Carolina Academic Press
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Legal Research Guide: Patterns and Practice is popular with both law students, attorneys, and other researchers. This latest edition continues its rich tradition and leader as a practical guide to the research process and the checklist approach. The purpose of this book is to provide a simple step-by-step guide to the basic hard copy research processes. The book is designed to be used when the research processes are unfamiliar to the researcher either through inexperience or insecurity. The focus of this book remains the efficient use of the manual research processes. In this edition, however, there are sections on print, electronic, and Internet versions.
To underscore the common patterns in print form legal research, as well as to simplify comprehension of each research process, checklists appear throughout the text and are separately indexed to allow the reader instant access to particular procedures. Specific problems illustrate each process, enabling the reader to relate better to each step or to follow the process through by using the problem for actual research. Some sample problems are used in more than one chapter to demonstrate the interrelationships between research procedures. An appendix provides additional practice problems, accompanied by a brief outline of the research sources.
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Chapter 1 INTRODUCTION TO LEGAL RESEARCH
A. OVERVIEW
B. UNDERSTANDING THE BASICS
C. LEGAL SEARCH ENGINES
D. COMMERCIAL OR FEE-BASED SOURCES
[1] Lexis+® and WestlawNext
[2] Selected Other Fee-Based Sites
E. FREE WEBSITES
[1]Selected General Websites
[2] Selected Federal Government Sources
[3] Selected State and Local Sources
[4] Selected Law School Websites
F. PROPER CITATION FORM
Chapter 2 CASE LAW RESEARCH
A. OVERVIEW
[1] Types of Authority
[a] Primary Authority
[b] Secondary Authority
[2]The Foundation
[3]The Court System
B. CASE LAW ORGANIZATION
[1] Official and Unofficial Reports
[2] The Organization of Reported Cases
[a] Jurisdiction
[b] Geography
[c] Subject Matter
[3] The Stages of Publication
[a] Slip Opinions
[b] Advance Sheets
[c] Bound Volumes
[4] Subject Access
C. CASE LAW LOCATION METHODS
[1] Name Method
[a] Plaintiff's Name
[i] Print Version
[ii] Electronic Version
[iii] Internet Version
[b] Defendant's Name
[i] Print Version
[ii] Electronic Version
[iii] Internet Version
[c] Popular Name
[i] Print Version
[ii] Electronic Version
[2] Definitional Method
[a] Words and Phrases “Permanent Edition”
[i] Print Version
[ii] Electronic Version
[b] Words and Phrases “Digest Edition”
[i] Print Version
[ii] Electronic Version
[c] Black's Law Dictionary
[i] Print Version
[ii] Electronic Version
[3] Descriptive Word Method
[a] Print Version
[b] Electronic Version
[4] Topic Method
[a] Print Version
[b] Electronic Version
[5] American Law Reports (A.L.R. )
[a] Print Version
[i] Overview of A.L.R
[ii] Finding an A.L.R. Annotation
[iii] Updating an Annotation
[iv] Updating the Case Law
[b] Electronic Version
D. CITATIONS TO LEGAL SOURCES
E. ADDITIONAL TIPS
Chapter 3 UNITED STATES CONSTITUTIONAL LAW RESEARCH
A. OVERVIEW OF THE LEGISLATIVE SYSTEM
B. CONSTITUTIONAL LAW LOCATION METHODS
[1]Topic Method
[2] Descriptive Word Method
C. FINDING AND UPDATING A CONSTITUTIONAL PROVISION
[1]Print Version
[2] Electronic Version
[3] Internet Version
D. FINDING AND UPDATING INTERPRETIVE CASES
[1] Print Version
[2] Electronic Version
E. CONSTITUTIONAL INTERPRETATION
F. ADDITIONAL TIPS
Chapter 4 FEDERAL LEGISLATIVE RESEARCH
A. FEDERAL LAW ORGANIZATION
[1] Official Sources
[2] Unofficial Sources
B. FEDERAL LAW LOCATION METHODS
[1] Popular Name Method
[2] Tables Method
[3] Topic Method
[4] Descriptive Word Method
C. FINDING AND UPDATING A FEDERAL LAW
[1] Print Version
[2] Electronic Version
[3] Internet Version
D. FINDING AND UPDATING INTERPRETIVE CASES
[1] Print Version
[2] Electronic Version
[3] Internet Version
E. FEDERAL LEGISLATIVE HISTORY
[1] Official Sources
[2] Unofficial Sources
F. LEGISLATIVE HISTORY LOCATION METHODS
[1] Legislative History of Pending Federal Legislation
[2] Legislative History of Federal Statutes
G. ADDITIONAL TIPS
Chapter 5 FEDERAL ADMINISTRATIVE RESEARCH
A. ADMINISTRATIVE LAW ORGANIZATION
[1] Official Sources
[2] Unofficial Sources
B. FEDERAL RULE AND REGULATION LOCATION METHODS
[1] Enabling Legislation Method
[2] Descriptive Word Method
[a] Print Version
[b] Electronic Version
[c] Internet Version
[3] Topic Method
[4] Agency Method
C. UPDATING FEDERAL RULES AND REGULATIONS
[1] Print Version
[2] Electronic Version
[3] Internet Version
D. FINDING AND UPDATING INTERPRETIVE CASES
[1] Print Version
[2] Electronic Version
[3] Internet Version
E. ADDITIONAL TIPS
Chapter 6 STATE CONSTITUTIONAL LAW RESEARCH
A. STATE CONSTITUTIONAL ORGANIZATION
B. STATE CONSTITUTIONAL LAW LOCATION METHODS
[1] State Code Method
[2] General Resources
[3] Historical Sources
C. FINDING AND UPDATING A CONSTITUTIONAL PROVISION
[1] Print Version
[2] Electronic Version
[3] Internet Version
D. FINDING AND UPDATING INTERPRETIVE CASES
[1] Print Version
[2] Electronic Version
[3] Internet Version
E. ADDITIONAL TIPS
Chapter 7 STATE LEGISLATIVE RESEARCH
A. STATE LAW ORGANIZATION
[1] Overview
[2] Pattern of Publication
B. STATE LAW LOCATION METHODS
[1] Popular Name Method
[2] Topic Method
[3] Descriptive Word Method
C. FINDING AND UPDATING A STATE STATUTE
[1] Print Version
[2] Electronic Version
[3] Internet Version
D. FINDING AND UPDATING INTERPRETIVE CASES
[1] Print Version
[2] Electronic Version
[3] Internet Version
E. STATE LEGISLATIVE HISTORY
[1] Overview
[2] Locating Legislative History
F. MUNICIPAL LEGISLATION
[1] Municipal Law Organization
[2] Municipal Law Location Methods
[a] Print Version
[b] Electronic Version
[c] Internet Version
[3] Finding and Updating Interpretive Cases
[a] Print Version
[b] Electronic Version
[4] Finding and Updating a City Ordinance
[a] Print Version
[b] Electronic Version
[c] Electronic Version
[5] Finding and Updating Interpretive Cases
[a] Print Version
[b] Electronic Version
[c] Internet Version
G. ADDITIONAL TIPS
Chapter 8 STATE ADMINISTRATIVE RESEARCH
A. ADMINISTRATIVE LAW ORGANIZATION
[1] Official Sources
[2] Unofficial Sources
[a] Print Version
[b] Electronic Version
[c] Internet Version
B. STATE RULE AND REGULATION LOCATION METHODS
[1] Descriptive Word Method
[2] Topic Method
C. UPDATING A STATE RULE
[1] Print Version
[2] Electronic Version
[3] Internet Version
D. FINDING AND UPDATING INTERPRETIVE CASES
[1] Print Version
[2] Electronic Version
[3] Internet Version
E. ADDITIONAL TIPS
Chapter 9 SECONDARY SOURCE RESEARCH
A. SECONDARY SOURCE ORGANIZATION
B. HIERARCHY OF SECONDARY AUTHORITY
[1] Attorney General Opinions
[a] Description
[b] Purpose
[c] Use
[d] Location Method
[i] Print Version
[ii] Electronic Version
[iii] Internet Version
[2] Restatements
[a] Description
[b] Purpose
[c] Use
[d] Location Method
[i] Print Version
[ii] Electronic Version
[iii] Internet Version
[3] Law Review Articles
[a] Description
[b] Purpose
[c] Use
[d] Location Method
[i] Print Version
[ii] Electronic Version
[iii] Internet Version
[4] Treatises
[a] Description
[b] Purpose
[c] Use
[d] Location Method
[i] Print Version
[ii] Electronic Version
[iii] Internet Version
[5] Legal Encyclopedias
[a] Description
[b] Purpose
[c] Use
[d] Location Method
[i] Print Version
[ii] Electronic Version
[iii] Internet Version
[6] Legal Dictionaries
[a] Description
[b] Purpose
[c] Use
[d] Location Method
[i] Print Version
[ii] Electronic Version
[iii] Internet Version
[7] Form Books
[a] Description
[b] Purpose
[c] Use
[d] Location Method
[i] Print Version
[ii] Electronic Version
[iii] Internet Version
[8] Legal Directories
[a] Description
[b] Purpose
[c] Use
[d] Location Method
[i] Print Version
[ii] Electronic Version
[iii] Internet Version
C. ADDITIONAL TIPS
Chapter 10 FOREIGN AND INTERNATIONAL RESEARCH
A. OVERVIEW
B. FOREIGN LAW
[1] Finding Materials in Print, Electronic, and Internet Versions
C. ADDITIONAL TIPS
D. INTERNATIONAL LAW
[1] Treaties
[2] International Customs
[3] General Principles of Law
[4] Judicial Opinions
[5] Teachings of Publicists
E. ADDITIONAL TIPS
Appendix SAMPLE RESEARCH PROBLEMS
Index
A. OVERVIEW
B. UNDERSTANDING THE BASICS
C. LEGAL SEARCH ENGINES
D. COMMERCIAL OR FEE-BASED SOURCES
[1] Lexis+® and WestlawNext
[2] Selected Other Fee-Based Sites
E. FREE WEBSITES
[1]Selected General Websites
[2] Selected Federal Government Sources
[3] Selected State and Local Sources
[4] Selected Law School Websites
F. PROPER CITATION FORM
Chapter 2 CASE LAW RESEARCH
A. OVERVIEW
[1] Types of Authority
[a] Primary Authority
[b] Secondary Authority
[2]The Foundation
[3]The Court System
B. CASE LAW ORGANIZATION
[1] Official and Unofficial Reports
[2] The Organization of Reported Cases
[a] Jurisdiction
[b] Geography
[c] Subject Matter
[3] The Stages of Publication
[a] Slip Opinions
[b] Advance Sheets
[c] Bound Volumes
[4] Subject Access
C. CASE LAW LOCATION METHODS
[1] Name Method
[a] Plaintiff's Name
[i] Print Version
[ii] Electronic Version
[iii] Internet Version
[b] Defendant's Name
[i] Print Version
[ii] Electronic Version
[iii] Internet Version
[c] Popular Name
[i] Print Version
[ii] Electronic Version
[2] Definitional Method
[a] Words and Phrases “Permanent Edition”
[i] Print Version
[ii] Electronic Version
[b] Words and Phrases “Digest Edition”
[i] Print Version
[ii] Electronic Version
[c] Black's Law Dictionary
[i] Print Version
[ii] Electronic Version
[3] Descriptive Word Method
[a] Print Version
[b] Electronic Version
[4] Topic Method
[a] Print Version
[b] Electronic Version
[5] American Law Reports (A.L.R. )
[a] Print Version
[i] Overview of A.L.R
[ii] Finding an A.L.R. Annotation
[iii] Updating an Annotation
[iv] Updating the Case Law
[b] Electronic Version
D. CITATIONS TO LEGAL SOURCES
E. ADDITIONAL TIPS
Chapter 3 UNITED STATES CONSTITUTIONAL LAW RESEARCH
A. OVERVIEW OF THE LEGISLATIVE SYSTEM
B. CONSTITUTIONAL LAW LOCATION METHODS
[1]Topic Method
[2] Descriptive Word Method
C. FINDING AND UPDATING A CONSTITUTIONAL PROVISION
[1]Print Version
[2] Electronic Version
[3] Internet Version
D. FINDING AND UPDATING INTERPRETIVE CASES
[1] Print Version
[2] Electronic Version
E. CONSTITUTIONAL INTERPRETATION
F. ADDITIONAL TIPS
Chapter 4 FEDERAL LEGISLATIVE RESEARCH
A. FEDERAL LAW ORGANIZATION
[1] Official Sources
[2] Unofficial Sources
B. FEDERAL LAW LOCATION METHODS
[1] Popular Name Method
[2] Tables Method
[3] Topic Method
[4] Descriptive Word Method
C. FINDING AND UPDATING A FEDERAL LAW
[1] Print Version
[2] Electronic Version
[3] Internet Version
D. FINDING AND UPDATING INTERPRETIVE CASES
[1] Print Version
[2] Electronic Version
[3] Internet Version
E. FEDERAL LEGISLATIVE HISTORY
[1] Official Sources
[2] Unofficial Sources
F. LEGISLATIVE HISTORY LOCATION METHODS
[1] Legislative History of Pending Federal Legislation
[2] Legislative History of Federal Statutes
G. ADDITIONAL TIPS
Chapter 5 FEDERAL ADMINISTRATIVE RESEARCH
A. ADMINISTRATIVE LAW ORGANIZATION
[1] Official Sources
[2] Unofficial Sources
B. FEDERAL RULE AND REGULATION LOCATION METHODS
[1] Enabling Legislation Method
[2] Descriptive Word Method
[a] Print Version
[b] Electronic Version
[c] Internet Version
[3] Topic Method
[4] Agency Method
C. UPDATING FEDERAL RULES AND REGULATIONS
[1] Print Version
[2] Electronic Version
[3] Internet Version
D. FINDING AND UPDATING INTERPRETIVE CASES
[1] Print Version
[2] Electronic Version
[3] Internet Version
E. ADDITIONAL TIPS
Chapter 6 STATE CONSTITUTIONAL LAW RESEARCH
A. STATE CONSTITUTIONAL ORGANIZATION
B. STATE CONSTITUTIONAL LAW LOCATION METHODS
[1] State Code Method
[2] General Resources
[3] Historical Sources
C. FINDING AND UPDATING A CONSTITUTIONAL PROVISION
[1] Print Version
[2] Electronic Version
[3] Internet Version
D. FINDING AND UPDATING INTERPRETIVE CASES
[1] Print Version
[2] Electronic Version
[3] Internet Version
E. ADDITIONAL TIPS
Chapter 7 STATE LEGISLATIVE RESEARCH
A. STATE LAW ORGANIZATION
[1] Overview
[2] Pattern of Publication
B. STATE LAW LOCATION METHODS
[1] Popular Name Method
[2] Topic Method
[3] Descriptive Word Method
C. FINDING AND UPDATING A STATE STATUTE
[1] Print Version
[2] Electronic Version
[3] Internet Version
D. FINDING AND UPDATING INTERPRETIVE CASES
[1] Print Version
[2] Electronic Version
[3] Internet Version
E. STATE LEGISLATIVE HISTORY
[1] Overview
[2] Locating Legislative History
F. MUNICIPAL LEGISLATION
[1] Municipal Law Organization
[2] Municipal Law Location Methods
[a] Print Version
[b] Electronic Version
[c] Internet Version
[3] Finding and Updating Interpretive Cases
[a] Print Version
[b] Electronic Version
[4] Finding and Updating a City Ordinance
[a] Print Version
[b] Electronic Version
[c] Electronic Version
[5] Finding and Updating Interpretive Cases
[a] Print Version
[b] Electronic Version
[c] Internet Version
G. ADDITIONAL TIPS
Chapter 8 STATE ADMINISTRATIVE RESEARCH
A. ADMINISTRATIVE LAW ORGANIZATION
[1] Official Sources
[2] Unofficial Sources
[a] Print Version
[b] Electronic Version
[c] Internet Version
B. STATE RULE AND REGULATION LOCATION METHODS
[1] Descriptive Word Method
[2] Topic Method
C. UPDATING A STATE RULE
[1] Print Version
[2] Electronic Version
[3] Internet Version
D. FINDING AND UPDATING INTERPRETIVE CASES
[1] Print Version
[2] Electronic Version
[3] Internet Version
E. ADDITIONAL TIPS
Chapter 9 SECONDARY SOURCE RESEARCH
A. SECONDARY SOURCE ORGANIZATION
B. HIERARCHY OF SECONDARY AUTHORITY
[1] Attorney General Opinions
[a] Description
[b] Purpose
[c] Use
[d] Location Method
[i] Print Version
[ii] Electronic Version
[iii] Internet Version
[2] Restatements
[a] Description
[b] Purpose
[c] Use
[d] Location Method
[i] Print Version
[ii] Electronic Version
[iii] Internet Version
[3] Law Review Articles
[a] Description
[b] Purpose
[c] Use
[d] Location Method
[i] Print Version
[ii] Electronic Version
[iii] Internet Version
[4] Treatises
[a] Description
[b] Purpose
[c] Use
[d] Location Method
[i] Print Version
[ii] Electronic Version
[iii] Internet Version
[5] Legal Encyclopedias
[a] Description
[b] Purpose
[c] Use
[d] Location Method
[i] Print Version
[ii] Electronic Version
[iii] Internet Version
[6] Legal Dictionaries
[a] Description
[b] Purpose
[c] Use
[d] Location Method
[i] Print Version
[ii] Electronic Version
[iii] Internet Version
[7] Form Books
[a] Description
[b] Purpose
[c] Use
[d] Location Method
[i] Print Version
[ii] Electronic Version
[iii] Internet Version
[8] Legal Directories
[a] Description
[b] Purpose
[c] Use
[d] Location Method
[i] Print Version
[ii] Electronic Version
[iii] Internet Version
C. ADDITIONAL TIPS
Chapter 10 FOREIGN AND INTERNATIONAL RESEARCH
A. OVERVIEW
B. FOREIGN LAW
[1] Finding Materials in Print, Electronic, and Internet Versions
C. ADDITIONAL TIPS
D. INTERNATIONAL LAW
[1] Treaties
[2] International Customs
[3] General Principles of Law
[4] Judicial Opinions
[5] Teachings of Publicists
E. ADDITIONAL TIPS
Appendix SAMPLE RESEARCH PROBLEMS
Index