Introduction to Legal Research Why is research important? Why is research important?

Introduction to Legal Introduction to Legal ResearchResearch

Why is research Why is research important?important?

Sources of LawSources of Law Primary Sources of LawPrimary Sources of Law Secondary SourcesSecondary Sources

Remember to: Remember to:

Take advantage of ALL of the Take advantage of ALL of the information provided!information provided!

Learn parts of research tools:Learn parts of research tools: What type of information does it What type of information does it

contain?contain? How do you locate relevant How do you locate relevant

information within the source information within the source (finding tools)?(finding tools)?

How do you update it? (How up-to-How do you update it? (How up-to-date is it?)date is it?)

Secondary SourcesSecondary Sources Legal Dictionary Legal Dictionary Legal EncyclopediaLegal Encyclopedia TreatisesTreatises American Law ReportsAmerican Law Reports Legal PeriodicalsLegal Periodicals Restatements of the LawRestatements of the Law Jury InstructionsJury Instructions

Legal Dictionary

Legal definitions of words and phrases in alphabetical order

Often has citations to other resources, like cases or statutes

Dictionary entry

Reference to other “definition”

Legal Definitions

Reference to treatise

Legal EncyclopediaLegal Encyclopedia

Provide a general description of Provide a general description of the lawthe law

Include lots of citations to cases Include lots of citations to cases and other sources of informationand other sources of information

Find relevant information through Find relevant information through the index or the topic outlinesthe index or the topic outlines

Update with the pocket partUpdate with the pocket part

Examples of Legal Examples of Legal EncyclopediaEncyclopedia

American Jurisprudence, Second American Jurisprudence, Second Edition (Am.Jur. 2d)Edition (Am.Jur. 2d)

Corpus Juris Secundum (C.J.S.)Corpus Juris Secundum (C.J.S.) Jurisdictional Encyclopedia-Jurisdictional Encyclopedia-

Florida Jur, 2d (Fla Jur, 2d)Florida Jur, 2d (Fla Jur, 2d)

FLJur

Digest: to find more cases

Broad overview of issue

Relevant FL cases

Relevant FL statute

Also may include illustrations

and practice tips

Treatises Treatises Book or set of books written by Book or set of books written by

an authority on the subjectan authority on the subject Can vary widely in their Can vary widely in their

coverage from very scholarly coverage from very scholarly analysis to practical applicationanalysis to practical application

Locate appropriate sources by Locate appropriate sources by using the Library’s online using the Library’s online catalog, catalog, Baron

List of leading treatises in List of leading treatises in library’s research guideslibrary’s research guides

Treatise p. 1Corbin on Contracts

Treatise mentioned in dictionary

Reference to digest (for cases) and legal encyclopedia

References to cases from a sampling of jurisdictions

and other secondary sources

Treatise p. 2

Discussion is scholarly treatment of “all” issuesthat arise in contracts

Even historical development

American Law ReportsAmerican Law Reports

Provide in-depth discussion of a Provide in-depth discussion of a specific issuespecific issue

Use the ALR Index to find Use the ALR Index to find annotationsannotations

Update with pocket part and Update with pocket part and Annotation History TableAnnotation History Table

Legal PeriodicalsLegal Periodicals Describe and analyze the law or Describe and analyze the law or

a specific area of lawa specific area of law Also provide tons of other Also provide tons of other

information in the footnotesinformation in the footnotes Find articles through various Find articles through various

indexes:indexes:Recent: LegalTrac and Index to Recent: LegalTrac and Index to

Legal Periodicals - BaronLegal Periodicals - BaronOlder: Index to Legal Older: Index to Legal

Periodicals, Hein OnlinePeriodicals, Hein Online

Law Journal

In-depth discussion of legal issue

Relevant primary & other secondary

sources

Restatements of the LawRestatements of the Law Clarify rules of common lawClarify rules of common law Each restatement is divided into Each restatement is divided into

sections, followed by comments and sections, followed by comments and illustrationsillustrations

Finding tools - no comprehensive indexFinding tools - no comprehensive index Restatements are updated with newer Restatements are updated with newer

editions, but the appendices cite to editions, but the appendices cite to more recent cases (federal and state)more recent cases (federal and state)

Also other model law sets.Also other model law sets.

Restatement

Restatement itself

Comments explaining Restatement

Not shown: IllustrationsFollowing Comments

Reference to Appendix for cases

Jury Instructions Plain-language description of the

elements of a cause of action Usually divided between civil

and criminal causes of action Finding aids include index and

table of statutes Sometimes provide citations to

other resources, such as cases and statutes