LSV Class 2

Types of Legal Research Sources

LSV I Class 2 9/18/23

BEgin

Class 2 Agenda

Click the Tiles Below to Navigate Between Pages!

Case Law

Class Objectives

Searching a Secondary Source

Secondary Sources

Statutes

Regulations

In-Class Practice

Demo

LSV I Class 2 - Types of Sources

Class 2 Objectives

Understand the hierarchy of legal authority

Review types of Primary Authority

1. Constitutions
2. Statutes
3. Regulations
4. Case Law
5. Secondary Sources

• Statutes
• Regulations
• Case Law

Locate & identify both Federal & state primary law Sources

Review Secondary Source Types

• Primary authority exists at both the state and federal level
• This unit will cover identify FL and federal primary law sources

• Restatements
• ALRs
• Periodicals/Journals

• Encyclopedias/Jurisprudence

• Dictionaries
• Treatises
• Monographs

Be able to use Primary Law to find Other relevant materials

Identify when to use each type of source

• Depending on where you are in your research process, you will select differenct resources

• Use the editorial contents and research tools built into Westlaw/Lexis/Bloomberg to locate other relevant primary law & secondary sources

LSV I Class 2 - Types of Sources

**Special Category

Types of Secondary Sources

Treatises

Practice Materials

Academic Publications

Dictionaries & Thesauri

Legal Encyclopedias & Jurisprudence

These sources are designed for practitioners. They usually include very practical or procedural information and tools like forms and checklists.

These sources provide significant detail into a particular area of law.

These sources are used by legal scholars and students, generally. They consist of journals articles or monographs and are more abstract or theoretical.

These sources provide definitions of legal phrases and terms of art.

These sources provide a broader overview of many areas of law.

When to use?

When to use?

When to use?

When to use?

When to use?

LSV I Class 2 - Types of Sources

Searching a Secondary Source

Indexes

Once you locate a source . . . how do you find relevant information?

• Alphabetical list of all terms or subjects used in the resource
• Corrective -- will direct you to the right term
• Not included in all sources, depends on licensing

• Finding Aids
• Index
• Table of Contents
• Digests

• Filtered Searching
• Once you are in a resource, the search bar only searches that source!

• Research References
• Most source will have other related secondary sources included
• Strategies and observations by practitioners
• Suggested keywords, KeyNumbers (if using Westlaw), topics, even search strings

• Tables of Contents with CONTEXT - look around and see if other entries are relevant too

+Example

Tables of Contents

• Use when you know the general terms or area you are in
• Use when you want to look around to see what else is relevant
• Not the best if using a long or multi-topic source as it can get unwieldy

+Example

LSV I Class 2 - Types of Sources

Primary Law: Case Law

Case Reporters

1. Judge made law, or law arising out a judicial proceeding 2. Must be validated (not updated), using a citator 3. Hierarchy of Authority

Reported opinons are published in federal, state, and regional reporters.

• U.S. Reports
• Supreme Court Reporter
• Federal Reporter
• Federal Supplement
• Southern Reporter
• FL Law Weekly
• FL Law Weekly Supplement

Reported vs. unreported Cases

Not all case opinons are published in official reporter, in fact, most aren't. Reported cases are selected by the respective court for publication in its official reporter. Unreported cases may be selected for unofficial reporters, e.g. Federal Appendix (U.S. Cts. Appeals). They lack precedential value. * Note: Fed. Appx. ceased in 2021

LSV I Class 2 - Types of Sources

Case Reporter Tools on Westlaw & Lexis

More Like/Narrow By this HN

Citing References/Decisions

Topic & Key Numbers/ Breadcrumbs

Headnotes

KeyCite

Shepard's

Don't forget the citators!

LSV I Class 2 - Types of Sources

Finding Aids for Statutes

Primary Law:

Statutes

1. Laws made by a legislative body.

• Congress - Federal
• FL Legislature - State

2. Where are they in the hierarchy of authority?

Popular Name Table

Table of Contents

Index

3. Statutes must be updated and validated. Updating is the process of checking a statute's currentness.

Annotated Code Tools

United State Code (federal)

+Info

+Info

Florida Statutes (state)

+Info

+Info

KeyCite & Shepard's

Context & Analysis

Notes of/to Decisions

Citing References/Sources

LSV I Class 2 - Types of Sources

Primary Law:

Rulemaking Publications

Regulations

+Info

Code of Federal Regulations (Federal)

+Info

1. Laws made by administrative agencies.

• Federal (implement fed laws)
• State (implement state laws)

2. Where are they in the hierarchy of authority?

+Info

+Info

Federal Register

Florida Administrative Code (state)

+Info

+Info

Florida Administrative Register

+Info

3. Regulations must also be updated and validated. Updating is the process of checking a statute's currentness.

Annotated Rule Tools

KeyCite & Shepard's

Context & Analysis

Notes of/to Decisions

Citing References/Sources

LSV I Class 2 - Types of Sources

Click Here to Hide

Demo

The Haunted Mansion

Our client, Master Gracey, operates a haunted house in Miami, FL. Aware that accidents happen at these attractions, he always ensures that the halls and pathways are clear and that the animatronics are in good working order. Our client also usual leaves one ground floor door unlocked, in case of an emergency.

Recently, a patron named Sue Salot visited the house. While making her way around the ground floor, a fake ghost dropped from the ceiling and startled Ms. Salot. In fact, she was so scared, she panicked and opened the nearest outside door (the unlocked door), to escape. Unfortunately, she was met with an unexpected set of stairs -- which she immediately tumbled down, injuring her pelvis.

Sue Salot is now suing our client for her injuries, claiming he negligently maintained the premises for patrons. When is an amusement or attraction owner liable for personal injuries occurring on the premises?

LSV I Class 2 - Types of Sources

ASK YOURSELF:

1. WHAT IS OUR TOPIC?
2. WHAT IS OUR JURISDICTION?
3. WHERE ARE WE IN OUR RESEARCH?

Demo

The Haunted Mansion

*Follow along as we answer this question together

Statutes

Secondary Sources

Cases

LSV I Class 2 - Types of Sources

+4-Sided Dice Link

Let's Practice: Statutes & Case Tools

Your roll determines your finding tool: 1 = Browse USCS Table of Contents on Lexis 2 = Use USCA Index on Westlaw (if it says ‘et al.’ you may view the ToC) 3 = Must use keyword, natural language, or Boolean searching in LEXIS 4 = Any finding method, but you can only go on uscode.house.gov

You and your party awake at the bottom of a mysterious pit. You notice a letter next to you which reads:

• Get into groups of three. You will take turns rolling the die and then looking for the statute in the U.S.C. that coordinates with the information provided.

• Proceed in alphabetical order by your first names.

• It is fine to use the USCA/S, provided that you aren’t sourcing your answer from the annotations under the statute
• Write the title and section to be cleared for the next question.

“Welcome to your greatest test, finding statutes better than the rest. Go down the list and get them right, to get out of this hole by tonight. But it won’t be easy, at any rate, as a dice roll may determine your fate!”

When was the statute last updated for changes?

Currentness:

Restatements of the Law

American Law Reports (A.L.R.)

• Articles are called "annotations"
• Covers specific issues within an area of law
• Provides a comparison of different jurisdictions
• Include research references and cross references
• Well respected, writted by practitioners and scholars

• Published by ALI on various subjects
• Summarize the generally accepted principles of the law
• Provides editor's notes and comments on each section
• Includes case law citations and brief summaries
• Very respected and authoritative

Hierarchy of Legal Authority

Legal Sources

Hierarchy of Authority

*Published in U.S. Code

U.S. Constitution

*Published in U.S. Code (federal) and FL Statutes (state)

Statutes

*Published in Federal Register (proposed, new) or Code of Federal Regulations (final)

*State rules are in FL Admin. Register & FL Admin. Code

Regulations

*Published in state, federal, and regional reporters

Case Law

*Varies, commerical publishers or organizations will publish on different topics

Secondary Sources

Hierarchy of Legal Authority

Legal Sources

Hierarchy of Authority

*Published in U.S. Code

U.S. Constitution

*Published in U.S. Code (federal) and FL Statutes (state)

Statutes

*Published in Federal Register (proposed, new) or Code of Federal Regulations (final)

*State rules are in FL Admin. Register & FL Admin. Code

Regulations

*Published in state, federal, and regional reporters

Case Law

*Varies, commerical publishers or organizations will publish on different topics

Secondary Sources

Hierarchy of Legal Authority

Legal Sources

Hierarchy of Authority

*Published in U.S. Code

U.S. Constitution

*Published in U.S. Code (federal) and FL Statutes (state)

Statutes

*Published in Federal Register (proposed, new) or Code of Federal Regulations (final)

*State rules are in FL Admin. Register & FL Admin. Code

Regulations

*Published in state, federal, and regional reporters

Case Law

*Varies, commerical publishers or organizations will publish on different topics

Secondary Sources

When was the rule last updated for changes?

Currentness:

Academic Publications

• Law Journals
• Peer Reviewed
• Student Edited
• Monographs or Books
• On a specific subject or issue
• More detailed and also more abstract or theoretical