Introduction to Legal Research & FSU Law Library Services Presented by Robin R. Gault, Associate Director of the Law Library Presentation Originally Created by Faye Jones, Professor & Director of the Law Library Reference Desk: 850-644-4095 Evening Service: The Hotline (Red Phone) at Reference
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Introduction to Legal Research & FSU Law Library Services
Presented by Robin R. Gault,Associate Director of the Law Library
Presentation Originally Created by Faye Jones, Professor & Director of the Law Library
Reference Desk: 850-644-4095Evening Service: The Hotline (Red Phone) at Reference
Legal Research: A Fundamental Skill
• The MacCrate Report, ABA Section of Legal Education & Admissions to the Bar, Report of the Task Force on Law Schools and the Profession: Narrowing the Gap v, 145 (Robert MacCrate ed. (1992).
• Fundamental Skill # 3: “In order to conduct legal research effectively, a lawyer should have a working knowledge of the nature of legal rules and legal institutions, the fundamental tools of legal research, and the process of devising and implementing a coherent and effective research design . . . .”
• An attorney’s failure to research a client’s case properly can result in a malpractice award against the attorney (Hickox v. Holleman, 502 So. 2d 626 (Miss. 1987)), a public rebuke by the court (Massey v. Prince George’s County, 918 F. Supp. 905 (D. Md., 1996)), or even suspension (Attorney Grievance Comm’n v. Zdravkovich, 762 A.2d 950 (Md. Ct. App., 2000)).
Legal Research: A Fundamental Skill
• Legal research must be• Correct• Comprehensive• Credible• Cost-effective
A Legal Researcher’s Goals
• Find correct resources to rely upon • The law that governs the facts in your case and
which was in effect at the time the facts occurred• Be comprehensive
• Be credible• Find the strongest authority to rely upon
• Be cost-effective• Practice, practice, practice• Caveat: Ask for help before frustration sets in…
Legal Research: The Basics• Primary Authority
• IS the law• Cases, Statutes, Constitutions, Regulations, Rules
• Secondary Authority• Analysis and commentary • Usually the best place to begin research• Treatises, Practice materials, Periodicals, American Law
Reports & much more
• Finding Tools• Digests, Citators, and other techniques
• Updating Tools• Lexis/Nexis Shepard’s Citators and Westlaw Keycite
Work From A Research Plan
• Identify research terms• Study the facts, read all available documents, and
develop vocabulary before beginning to research• Assess the formats available: print or online?• Keep a journal as you work• Find, read, and update secondary sources• Develop issues for primary research
• Hint: It helps to write out the issues• Find, read, and update primary authority• Include nonlegal materials as appropriate
Primary Sources: Cases
• Courts: explain the dispute, the outcome, and their reasoning
• Resolve only this dispute, but • Set precedent for the future• Courts are reactive, not proactive.• Typical court structure:
• Trial • Appellate (Intermediate)• Highest
Parts of a Case
• Caption: names of parties in the case • Docket Number: court-assigned tracking number• Citation: publication location
• Periodicals & Indexes• Index to Legal Periodicals & Books• LegalTrac
• American Law Reports
• Encyclopedias
Research Instruction by Law Librarians
• Librarians teaching legal research• In classes: Advanced Legal Research, International
Legal Research, Environmental Law Research.• In research workshops & Jump Starts.
• In the Library• Ask for help from the reference librarians• Margaret Clark is the librarian liaison for 1Ls
FSU Law Library• Guides to resources
• Online catalog (print and electronic resources)• Law Library databases• FSU Databases• E-journals• Other online sources• Research guides• Research Workshop schedule
• Individual research assistance• Research instruction• CALI• Past exams• Course reserve materials• Interlibrary loan • Wireless access• Printing/photocopying• Creation of unique research databases