KG LSV Legal Research Session 1

Legal Research Time!

LSV I Legal Research Session 1Professor Golsby

It's

Today I will cover:

• The three step process
• Research Plan & Organization
• Search Methods

Let's go into more depth on each of these steps.

The Three Steps

Secondary Sources:Why do we start here?

• Secondary sources discuss, explain, analyze & critique the law.
• They help you learn about the law.
• They provide citations to primary authority and other helpful secondary sources.

VS.

Types of Secondary Source:

Academic

Practice-Oriented

Types of Primary Authority

This is THE LAW! This is what you cite to in a legal argument.But it also helps you find other sources!

Statutes

Made by legislatures.Observe: Structure, defintions section, wordsUse: Citing references, cross references

Regulations

Made by administrative agencies.Observe:Structure, defintions section, wordsUse:Citing references, admin. hearings, cross references

Case Law

Made by judges or judicial outcomes.Use and read everything you can from these. Internal and external references.

Validating

Based on the signal, is this statute in Lexis valid? Look it up in Westlaw now.

Validating: An Example

- Always quote the author

I thought it was going to be blue(negative treatment, but possibly irrelevant)Box showed up damaged, couldn't contact customer service. Took longer to ship than promised. (negative, but possibly relevant) Excellent image quality but low battery life. Otherwise meets expectations!Everything described and more, this is the best tablet ever!

Validating, in other words...

- Always quote the author

Research Plan & Organization

Not rigid rules, but best practices.

What is a "Research Plan"?Why is organization important?

Let's Brainstorm!

We are representing a new client as a solo practitioner. Our client is Johnny Colorado.Johnny was recently arrested outside of a Miami shopping mall for smoking marijuana, which he claimed to unknowingly use in public. Johnny possessed only a very small, personal amount (18mg). Our clients suffers from a medical condition, glaucoma, and uses marijuana medicinally. He possessed a FL medical marijuana card for this purpose, but didn't have it on his person. He would like you to defend him in any upcoming legal proceedings.

- Always quote the author

Research Plan & Organization

Not rigid rules, but best practices.

Sample Research Plan & "TAPP" for Johnny Colorado

We are representing a new client as a solo practitioner. Our client is Johnny Colorado.Johnny was recently arrested outside of a Miami shopping mall for smoking marijuana, which he claimed to unknowingly use in public. Johnny possessed only a very small, personal amount (18mg). Our client suffers from a medical condition, glaucoma, and uses marijuana medicinally. He possessed a FL medical marijuana card for this purpose, but didn't have it on his person. He would like you to defend him in any upcoming legal proceedings.

- Always quote the author

Using Folders

• You may be looking at hundreds of cases in the course of your research, some might be great and others only good.
• You may need to leave and come back to your research later, so this helps you see what you've already read and annotated.
• You may just want to pile up cases to read later on.
• You may wish to organize cases by issue!

Try in lexis

Try in Westlaw

Let's head to Westlaw to compare search methods!

• Use different kinds of search and compare

• Use filters to modify the types of content, dates, issues presented, etc.

• Follow-The-Three-Steps!!!!

Techniques

Search Methods

• "Natural Language"
• "How to make a pbj sandwich "

• Terms & Connectors Searching
• Peanut butter AND jelly /s sandwich

• Using finding aids

• What are our key facts?
• Who are the parties involved?
• What jurisdiction are we in?
• What is the subject matter/law at issue?
• What question/issue do we need to answer?

Let's Work Together-Johnny was recently arrested outside of a Miami shopping mall for smoking marijuana, which he claimed to unknowingly use in public. Johnny possessed only a very small, personal amount (18mg). Our clients suffers from a medical condition, glaucoma, and uses marijuanna medicinally. He possessed a FL medical marijuana card for this purpose, but didn't have it on his person. He would like you to defend him in any upcoming legal proceedings.

- Always quote the author

After his employer viewed the tweet, Mr. Colorado was fired. Our furious client now wants to sue his neighbor for defamation.The neighbor has told our client that he didn't think he had done anything wrong in using the term "pothead." Mr. Colorado disagrees and thinks he was implied to be an addict.We now need to look into whether the neighbor's statement is actionable as defamation.

We are still representing our client in the marijuana possession case, Johnny Colorado. Through our previous research, we have determined that Mr. Colorado would not have been liable for possession if he had a medical marijuana card and claims medical necessity as a defense.However, there is another issue! Mr. Colorado's neighbor witnessed his arrest and subsequently posted on Twitter the following:

A New Legal Issue for Mr. Colorado?

- Always quote the author

Our client was arrested for possessing and using marijuana at a mall in Miami, FL. We intend to defend against the charges by claiming medical necessity, as our client has a medical marijuana card.While being arrested, the event was witnessed by a neighbor who then tweeted that he saw, "My pothead neighbor get arrested and put in the slammer!" Our client was subsequently fired from his job for this imputation on this character.We are now suing for defamation. The neighbor claims using the word "pothead" is not defamatory. We need to determine if it is actionable!

In groups of four...Find an answer to this second issue by using the three step processKeep track of your research with a brief plan or outlineBe prepared to share what you find!

A New Legal Issue for Mr. Colorado? -- Group Work

- Always quote the author

Before Next Class...

Do "Before Class" Work on Canvas for next week

Exercise 1 from the Legal Research module is due on 9/17

Complete Lexis & Westlaw certifications. Bloomberg is optional.

See you next time!