Selected Topics in Adv Legal Research Day 2

Mercer - LAW 4004

Selected topics in advanced legal research

DAY 1

introductions

Please tell us... Your name (or Nickname) Goals/Plans After Law School What's your conversation starter that you tell you're at a party? (I.e. an interesting fact, fun place you've travelled to - anything you want to share!)

Legal Research strategies roadmap

Consult Primary Sources

Step 2: Consult Secondary Sources

Step 1: Formulate a Research Plan

Analyze & Organize Your Research Results

Expand & Update Primary Law

Step 1: Formulate a Research Plan

• What is your legal question or issue?
• Who are the parties involved?
• Individual or business entity?
• Area of law?
• Jurisdiction:
• State --> Court Level --> Court Name
• Build your keywords
• start with generic terms
• then legal terms of art

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Step 2: Consult Secondary Sources

• Publications about the law, not the law itself​

• Written by scholars, lawyers, judges, publishers​
• Encompass a wide variety of kinds of material​

• General sources vs Subject-specific sources

• Legal encyclopedias

• Legal dictionaries

• Law reviews
• Treatises

• Practice aids / Formbooks

• Restatements of the Law

• American Law Reports

• Jury instructions

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Step 3: Consult Primary Sources

• Primary sources are the official written statements of law issued by government entities, such as constitutions, statutes, cases, and regulations
• Primary sources are issued by one of the three branches of government (legislative, judicial, or executive) at either the state or federal level.
• What are the applicable laws?
• Case law
• mandatory vs persuasive authorities
• Statutes (codes)
• Regulations
• Ordinances
• Primary sources vs. secondary sources: While subject-specific secondary sources provide analysis and commentary, primary sources like statutes and case law are the actual legal rules and precedents

Step 4: Expand & Update Primary Law

• Is it still good law? Check Shepard's or Keycite flags
• Has anything been repealed or overruled
• Negative treatment

• Always check and double check before citing to a negative treatment source

• Can you still use the source if it is negative?

Step 5: Analyze & Organize Your Research Results

• What are you missing?
• Have all legal issues been addressed?
• Do you have enough information to satisfy your purpose?
• Do you need to go back or continue your research, or are you finished?

group exercise time!

• Work in groups of 3 (one group can be 2 people)
• Read the hypothetical and answer the questions
• Select one person to share your answers

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Lunch! Go Eat Something. Be back at 2PM

Case law research

• Interpretation of Statutory Language
• Key Research Resources
• Locating Case Law

Interpretation of statutory language

• Federal and Georgia case law, including Supreme Court and Court of Appeals decisions, interprets statutory language
• Ex. If there are ambiguous words or double meaning/definition attached, you would look to case law to resolve/expound on that

Key Research Resources

• LexisNexis
• Westlaw
• Bloomberg
• Fastcase (free access for Georgia Bar)
• Google Scholar
• Georgia Supreme Court, Appellate Court websites
• Research Guides: How To Find Free Case Law Online: Introduction
• Justia, CourtListener, Findlaw, Caselaw Access Project

Locating Case Law

• You can start locating case law through
• citations
• legal databases
• and search engines
• then use citators such as West's Topic Key System and Lexis' Shepards to expand your search and find more similar case results.

publication of case law

Case law is published in case law reporters, which are print volumes that gather court opinions in chronological order. Databases such as Westlaw and Lexis re-publish these and make them available online for a fee.

citators

• What is it?

• Tool to check the status of a case​

• Original citator in print was Shepard’s Citations​

• Published lists of cases, statutes, law review articles, encyclopedias, etc. that cited a particular case​

• Provides: verification, treatment, and additional research possibilities​

• Why do you need it?

• You found the perfect case BUT the law can be changed by later decisions​

• Is your perfect case still good law?​

• Overruled?​

• Reversed?​

• Strongly criticized?​

• Widely respected?​

Case Law Research Hypo

• Fact Pattern: Your client was hired by a three-person committee for a job in the accounting department of a large hospital. Your client identifies as Hispanic. One year after being hired, one of the committee members fired your client. Your client maintains that the firing was caused by racial animus on the part of the committee member.
• You have filed a complaint in federal court, in the Southern District of New York. The hospital has answered the complaint and filed a motion for summary judgment, claiming the same actor defense. The hospital has found case law that says that if the person who hired the plaintiff is the same one that fired them, the plaintiff cannot show discrimination.
• Can you find any cases from the same jurisdiction that may counter that defense?

Other Primary Sources

1. Georgia Constitution2. Administrative Rules & Regulations* 3. Statutes/Codes 4. Enacted Legislation (Bills)*a. Georgia General Assemblyb. Attorney General Opinions5. Local Ordinances (City/county level) 6. Executive Branch Documents

Local Ordinances

• 1. Federal​
• a. Powers Enumerated by the constitution​
• Can you think of some major federal laws/statutes (acts)?
• 2. State​
• a. Separate bodies of law governing everything else by state
• Can you think of some Georgia statutes?
• 3. County, City, Local, Municipal​
• a. everything below that

• b. Same effect as regulations and statutes​
• c. Tend to be more specific, more detailed, and more random in their organization​
• Ex. Zoning​, Parking​, Sales restrictions​, Noise level​, Local Event permits​, anything locally specific​

where to find local ordinances

American Legal Publishing Corp: https://codelibrary.amlegal.com (does not include GA)

Municode http://library.municode.com/

City or county websites

Break time! 15 minutes

Federal cases

Supreme Court – US Reports:

Frank v. Frank, 56 U.S. 32 (2013)​

Appeals - Federal , Federal Second

Frank v. Frank, 25 F.2d 544 (2013)​

District Court

Frank v. Frank, 25 F. Supp. 2d 544(2013)​

state cases

Ga. Supreme Court - Georgia Reports

Frank v. Frank, Ga. 544(2013)

Ga Appellate Courts - Georgia Appellate

Frank v. Frank, Ga. App. 544(2013)

records & briefs

• May illuminate a decision​
• Only record of a trial court’s decision​
• Social context​
• Oral arguments, pleadings, briefs, motions​
• Good source of other information (wait for dockets)​
• Sources vary​
• Bloomberg, Lexis & Westlaw databases​
• Pacer​
• http://blogs.law.unc.edu/library/2014/09/04/what-happened-to-the-information-removed-from-pacer/​
• Bloomberg Dockets

Attorney General Opinions

Who is the Attorney General? The Attorney General serves as the state's chief legal officer, providing guidance and opinions on legal matters. This role is crucial for ensuring consistent interpretation and application of the law across various branches of government.

Attorney General Opinions

http://law.georgia.gov The website houses a comprehensive database of Attorney General opinions and decisions The site features a user-friendly search function, allowing you to find specific opinions using keywords or case numbers The website also provides helpful FAQs, contact information, and links to relevant resources

Attorney General Opinions

The Digital Library of Georgia has full-text documents of Attorney General Opinions published before the 1980s. https://dlg.usg.edu

Attorney General Opinions

The Digital Library of Georgia has full-text documents of Attorney General Opinions published before the 1980s. https://dlg.usg.edu

Attorney General Opinions

1. Find me an attorney general opinion from 1998 about home school students and something about their eligibility for the Governor’s Program. 2. Find me an attorney general opinion from 1993 about bail bonds and a case referencing some place called JJ Bonds or something similar? 3. Find me an attorney general opinion about a judicially appointed secretary not being able to double up as a court reporter at the same court. 4. Find an unofficial letter from the Attorney General's office regarding county law library funds and how they are to be collected per case, not per charge (use Google).

Applying Attorney General Opinions to Real-World Scenarios

Opinions can offer legal guidance in complex situations. Consider the specific facts of your case to determine if an opinion is applicable. Analyze the reasoning behind the opinion to understand its broader implications. Document your findings and cite relevant opinions to support your legal arguments.

Research Exercise

Local ordinances

Locate the Los Angeles city ordinance search: https://cityclerk.lacity.org/lacityclerkconnect 1. Find the latest city ordinance about dogs 2. What is the Ordinance number? 3. On what date was it signed into law? 4. What is the ordinance about?

Research Exercise

Local Ordinances

Go to the Municode website: http://library.municode.com/ga 1. Find the local ordinances for Macon-Bibb County 2. Find the chapter on Animals --> then the Article on Licensing 3. Are you required to obtain a registration license for your dog or cat? What Article and Section Number regulates that? 4. What is the penalty if you are found not in compliance with the ordinance?

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Research Exercise

Local Ordinances

Go to American Legal Publishing Corp's Ordinance Library: https://codelibrary.amlegal.com 1. Find the local ordinances for Sand Point, Alaska. 2. Find the ordinance section on licensing of dogs generally. 3. How much would it cost to register for a license for a two-year-old female dog that is spayed? 4. If a dog is found running at large for a second time without a license, what is the penalty? 5. Third time?

With this feature ... You can add additional content that will excite your audience’s brains: videos, images, links, interactivity ... Whatever you like!