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Bootcamp Secondary Sources

Katelyn Golsby

Created on May 9, 2023

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Transcript

FIU Law Library's

Summer Bootcamp

Secondary Sources & Practice Tools

INDEX

1. Refresher

2. Florida Secondary Sources

3. Federal Secondary Sources

4. Practice Tools, generally

5. Florida PTs

6. Federal PTs

7. Conclusion

What's a secondary source again?

(A quick refresher)

A legal secondary source is one which defines, explains, discusses, and provides examples of the law. Dictionary--Encylopedia--Law Reviews--Hornbook/Treatise Practice Materials: Checklists--Overviews

Why use secondary sources?

  • Kick-start research
    • Context
    • Citations to primary law
    • Discover new keywords, 'tests', standards, etc.
  • Definitions
  • Easy to read

Common examples of secondary sources

  • Dictionaries
    • Black's
    • Ballentine's
  • Treatises
    • Corbin on Contracts
  • Practice Materials
    • Florida Practice Series
  • Encyclopedias
    • American Jurisprudence

Florida Secondary Sources

Things to help you understand and research Florida Law.

"Life Savers" for FL State Law (Westlaw)

Florida Jurisprudence

Florida Practice Series

Florida Bar Pubs

WL or Lexis
WL
WL or Lexis

What do you think you might research this summer?

Finding Florida Secondary Sources on Your Own

  • Florida Bar Publications - Look for them! They aren't always given the same name, so narrow by author.
  • Wexis Secondary Sources/Materials>Florida
  • Have a legal citation? Look for secondary sources citing to it and then narrow to Florida.

Federal Secondary Sources

Things to help you understand and research federal law.

VERSUS

"Federal Jurisdiction"

"National Jurisdiction"

Applicable (somehow) in most or all states but not neccesarily by operation of a federal law.e.g. ABA Standards for Criminal Justice

Federal law and things pertaining to federal law.e.g. The Federal Criminal Rules Handbook

May describe jurisdictional differences among statese.g. "All States Tax Guide"

Can be misleading if you are researching claims asserted under federal law.

One Big Lifesaver For Federal: Filtered Secondary Sources

  1. Log in to Westlaw
  2. Click SECONDARY SOURCES
  3. Scroll to BY TOPIC
  4. Pick one!
  5. NARROW by JURISDICTION (FEDERAL!)
  6. Click here if you want an example.

Practice Tools

Secondary sources and leveraged technology that assists in the active practice of law, not just understanding. Includes:- Checklists - Practice Guides - Form books/builders -Platforms/databases, like Practical Law & Practical Guidance

Florida Practice Tools

USE PRACTICAL GUIDANCE!

Lexis Sample Forms - Florida

Westlaw Form Builder

Don't just find out how the law applies, find out how to do the thing!Click for example.

Find a lease, employment agreement, or just a sample clause.

Build a form using real client info, or download form and fill in later.

Federal Practice Tools

USE PRACTICAL LAW!

Checklists & Toolkits are great for complex federal issues

Free Government Websites

Both Lexis and Westlaw have extensive practice area guidance!

Yup! Federal Gov't websites are legally required to be helpful. Admin agencies may also publish forms, checklists, and other info helpful to lawyers.

Example: Government Practice Checklists (Click here).

Identifying Good Secondary Sources

Format & Organization

Info Quality

Author

Fact v. Opinion

Age

Is the author a lawyer or law professor? Are they specialized? Have they written other works in the same field?

Is there a table of contents and an index? Can I search within it?

You are researching the law, not a random person's opinion about the law.

Are there citations to primary law? Are there rampant typos or other red flags?

Is the resource old? Is it updated?

THANKS!