Legal Research Basics

Legal Research Basics

The Law: Primary Sources

Constitutions

Case Law

Statutes

Session Laws

Codes

Administrative Rules or Regulations

What is the law?

Primary Sources

What isn’t the law? Secondary Sources

• Provide detailed information about a discrete area of law such as analysis, discussion, interpretation, criticism, commentary, summary

• Are useful as a starting point or overview

• May be used as a case-finding tool

• Can be scholarly or practical

• Are essential to practitioners

Secondary Sources:

LAW

Research Strategies

What information do you need?

Citation or Name

Think About Court (Jurisdiction),

Legal Issue, Branch of Law

Where might you start?

‘One Good Case’ or Statute

Secondary Sources

How do you know when you’ve completed your research?

Clue: Same results

How to read a legal cite

Retrieved from: http://www.slideshare.net/nancydeangelis/basic-legal-citation-29650787

Parallel Citations

scholar.google.com/

A Parallel Citation is a reference to the same case or statute published in two or more sources.

U.S. and State Courts

Trial Court

• Finds facts and applies law

Intermediate Appellate Court

• Usually have one appeal as of right

• Reviews for errors of law

High Court (Supreme Court or Court of Last Resort)

• Usually discretionary review – certiorari

• Reviews for errors of law and develops legal doctrine

Federal Court System

Federal Cases

Court Reporter Abbreviation Parallel Reporter

U.S. District Court Federal Supplement F.Supp.

F. Supp.2d

U.S. Court of

Appeals

Federal Reporter F.

F.2d

F.3d

U.S. Supreme Court United States

Reports

U.S. S.Ct

L.Ed.

L.Ed.2d

Michigan Court Structure

Michigan Cases

Court Reporter Abbreviation Parallel Reporter

Michigan Court of

Appeals

Michigan Appeals

Reports

Mich. App. N.W.

N.W.2d

Michigan Supreme

Court

Michigan Reports Mich. N.W.

N.W.2d

What is good law?

• A case is good law based on its subsequent history and treatment

• Subsequent history – later rulings in the same litigation (same case with same parties) always affects status

• Treatment – rulings in later litigation (different cases with different parties) may or may not affect status

• Use a Citator* to determine “good law”*A Citator is a tool which allows you to track the history of your case and the treatment of your case by subsequent courts. Shepard’s Citations is one of the best known.