Hit a Grand Slam with Legal Research
Dec 22, 2014
Hit a Grand Slam with Legal Research
Presented and Created by the Librarians at RWU Law Library:
• Nan Balliot• Emilie Benoit• Stephanie Edwards• Lucinda Harrison-Cox• Kathleen MacAndrew• Heather McHenry• Raquel M. Ortiz
Clicker Setup: Channel 8
1
2
3
What’s Your Favorite Baseball Team?
1. Red Sox2. Yankees3. Neither – that
rivalry is so last century.
4. I’d rather be shopping.
5. Who cares?Red Sox
Yankees
Neither –
that r
ivalry is
so...
I’d ra
ther b
e shopping.
Who ca
res?
0% 0% 0%0%0%
:10
How Do You Start Your Research?
1. Google2. An Online Database3. A Book Index4. Smart people –
colleagues, professors, reference librarians
5. OtherGoogle
An Onlin
e Database
A Book Index
Smart people – co
lleag
u...Oth
er
0% 0% 0%0%0%
:10
Would You Rather?
Our Hypothetical
• Frannie Fan was sitting at left field for a game of her beloved Scranton Red Bisons when she was hit by a foul ball hit by visiting DH Joseph Hyundai.
• What cause of action, if any, does Frannie have against the baseball teams or the park owner?
Which of these questions involves research?
1. What does Pa. R. Civ. Pro. R. 1035 say about motions for summary judgment?
2. What is the case at 871 A.2d 304?3. Find the Pennsylvania Commonwealth
Court decision Pakett v. The Phillies, L.P.4. How many days does a defendant
have to answer a complaint in the Pennsylvania Court of Common Pleas?
5. Does a baseball player on the visiting team owe a duty of care to a person attending the game?
6. All of the above7. None of the above
What d
oes Pa. R
. Civ.
Pro. ..
What is
the ca
se at
871 A...
Find th
e Pennsylvania ...
How many d
ays does a
d...
Does a base
ball play
er o...
All of t
he above
None of the ab
ove
0% 0% 0% 0%0%0%0%
:10
Find: A Tool at Your Disposal
Find the Pennsylvania Commonwealth Court decision
Pakett v. The Phillies, L.P.
From Single to Homerun: One Known Source
• Find discussion• Find similar sources• Find other authority
Pakett v. The Phillies, L.P., 871 A.2d 304
(Pa. Cmwlth. 2005).
871 A.2d 304
Westlaw: Keycite - Citing References
Liability to spectator at baseball game who is hit by ball or injured as result of other hazard of game, 91 A.L.R.3d 24
Cause of Action for Injury to Sports Spectator, 20 Causes of Action 2d § 361
CJS Entertainment and Amusement; Sports § 134, Baseball and Softball Games
4 West’s Pennsylvania Practice § 16.7, Activities associated with inherent risks
Discussed in:
McMahon v. Pleasant Valley West Ass'n, 952 A.2d 731 (Pa. Cmwlth. 2008)Crespin v. Albuquerque Baseball Club, LLC, 216 P.3d 827 (N.M. App. 2009)
Lexis: Shepardize
• It’s No Game: The Practice and Process of the Law in Baseball, and Vice Versa, 20 Seton Hall J. Sports & Ent. L. 249 (2010)
• Flying Objects: Arena Liability for Fan Injuries in Hockey and Other Sports, 15 Sports Law. J. 115 (2008)
• Defenses, 48 Pennsylvania Law Encyclopedia § 6
Lexis.com: Issue Analysis
Actions Involving Baseball, 26-130 Personal Injury--Actions, Defenses, Damages § 130.11
Elements of Actionable Negligence, In General 57A Am Jur 2d Negligence § 71
Primary vs. Secondary Sources
Primary Sources• Statements of the Law
• Government Issued
• Controlling or Binding Authority
Secondary Sources• Interpretation of the Law
• Written by Experts and Others
• (May be) Persuasive Authority
Examples of Primary & Secondary Sources
Secondary Sources• Encyclopedias• American Law Reports
(ALR)• Treatises• Practice Materials • Law Reviews
Primary Sources• Laws or statutes • Court opinions• Rules and regulations• Executive orders and
proclamations
Would You Rather?
Why Use Secondary Sources?
• Money• Background– Controlling jurisdiction– Controlling authorities
• Find citations• Find search keywords
Encyclopedias
National coverage: American Jurisprudence
2d [Am. Jur. 2d] Corpus Juris Secundum
[C.J.S.]State coverage: New York Jurisprudence 2d Witkin’s Summary of California Law
First Pitch: Index
• Term?– Baseball
Term: Baseball
Topic & Section:• Enter § 76
Topic & Section: Enter § 76• Table of Abbreviations
• Enter = Entertainment and Sports Law
Entertainment and Sports Law § 76
Always Check the Pocket
Part!
• A pocket part may be labeled a “cumulative supplement.”
• It will be located in the back of the volume partially in a “pocket.”
• If a pocket part becomes too large it may be replaced by a free standing cumulative supplement.
Useful encyclopedia features:
Table of Contents
Useful encyclopedia features:
Table of ContentsCorrelation Table
Useful encyclopedia features:Table of ContentsCorrelation TableVolume Index
Online Availability: Lexis
Am. Jur. 2d States: Cal., Fla., Ill.,
Mich., N.Y., Ohio, Pa., Tenn., Tex., Va./W.Va.
Westlaw Am. Jur. 2d C.J.S. States: Cal., Fla., Ind.,
Md., Ohio, Pa., Tex.
American Law Reports
Citations to Other Sources
Annotation Index
Table of Jurisdictions Represented
Pocket Part!
Online Availability
Treatises
American Law of Torts (Speiser et al.)
Harper, James, & Gray on Torts Fundamentals of Sports Law
Essentials of Sports Law
IndexTable of ContentsTable of CasesTable of StatutesPocket PartOnline Availability
Practice Materials
Massachusetts Practice
Law Reviews & Law Journals
Primary Sources: Statutes
Constitution
Legislature
Statutes
Judiciary
Case Law
Executive
Regulations, Administrative
Decisions, Executive Orders
Unannotated Code
Text
History
Annotated CodeText
History
Secondary Source
Citations
MoreSecondary
Source Citations
Annotations
Another Question
• Must Franny file her claim within a certain amount of time after the accident?
Purdon’s Pennsylvania Consolidated Statutes Annotated
General Index
Injuries to person caused by wrongful act, neglect, unlawful violence or negligence , 42 Pa.C.S.A. § 5524
Personal injuries, 42 Pa.C.S.A. § 5524
History (continued) Law review articlesWest Topics and Key
Numbers CJS encyclopedia topics
and sections
State-specific encyclopedia Forms Treatises and Practice Aids
Notes of Decisions
Pocket Part!
Amendments to the statute More annotations
Online Availability
Online Availability
Primary Sources
Constitution
Legislature
Statutes
Judiciary
Case Law
Executive
Regulations, Administrative
Decisions, Executive Orders
Case Law
• What if we did not have one good case like this one?
Reporters
The DH: The Digest
Case
Headnote
Digest
Which Digest?
Atlantic Digest, 2d Series
Descriptive Word Index
Pocket Part!
Headnotes & Citations
Pocket Part!
Table of Cases
Updating
• Lexis.com
• Lexis Advance
• Classic Westlaw
• Westlaw Next
Triple Play: The Internet
Incomplete NO headnotes NO digest Limited full text searching NO Updating!
Digest: Online Availability
Cases: Online Availability
SEVENTH INNING STRETCH!
Print, Online or Both?
Would You Rather?
If you are asked to research an area of law unfamiliar to you, would you choose:
1. Print Treatise2. Database
Print T
reati
se
Database
0%0%
:10
Benefits of Print
• Borrow/Lend• Unlimited Use/Time• Less Expensive• Authoritative & Preferred• Compare & Browse
• Excellent Starting Point
If you want to update your research, which would you choose:
1. Print Treatise2. Database
Print T
reati
se
Database
0%0%
:10
Limitations of Print
• Time Intensive (Maybe)• Currency• Not Document Ready• Starting Point Only
Benefits of Electronic Format
• Flexible• Faster• Constantly Updated• Multiple Output Formats• 24/7 Access & Customer Support• Great for Some “Find” Questions
What is the Greatest Drawback of Online Research?
1. Privacy2. Irrelevant results3. Too much
Information
Privacy
Irreleva
nt resu
lts
Too much
Info
rmation
0% 0%0%
:10
Limitations of Electronic Format
• Expensive• Current Coverage Mostly• Licensing Restrictions• Caveats for Internet Research• Irrelevant Results
When Do You
The night before the paper/memo/brief is due?
1. Yes2. Sometimes3. No
Yes
Sometimes No
0% 0%0%
:10
When you’ve looked at all of the sources you learned in class?
1. Yes2. Sometimes3. No
Yes
Sometimes No
0% 0%0%
:10
When you’ve found the absolute out-of-the park answer?
1. Yes2. Sometimes3. No
Yes
Sometimes No
0% 0%0%
:10
When you are consistently seeing the same sources repeat?
1. Yes2. Sometimes3. No
Yes
Sometimes No
0% 0%0%
Cases Statutes
Cases
Regulations:10
Stages for a Winning Game Plan
ResearchWriteCritiqueResearch some more (if necessary)EditAt each stage -- Update your sources!
Training Camp Equipment: Library Resources
• WebCatalog• LibTours• Study Aids• Time Savers• CVN Law School• CALI Lessons• eLangdell eBooks
WebCatalog: http://law.rwu.edu/library/webcatalog
Contents
Search Modes
LibTours
Study Aids
Library » Digital Resources »
First Year Lessons - Torts• Assumption of Risk
Other Lessons:• How to Prepare for the
Study of Torts (PodCast)• Advice to a 1L From a
Law Professor (PodCast)
Stolen Bases
• Secondary Sources RULE!
• Indexes & Tables of Contents
• Always check pocket parts/supplements AND/OR update your research online.
• Ask A Librarian!
Don’t forget to sign the attendance sheets!
Please evaluate this session on our Class Webpage
http://lawguides.rwu.edu/ILR